Caesar UE Diary

[Pip]

Hello Caesar,

I've just seen your thread for the first time.

Just to say that I have seven debts; three were enforceable, three were unenforceable, and one I never found out about. I've now just about crossed the Statute Barred line, and I didn't get anywhere near any real threat of CCJs or court cases. No letters or contact from real solicitors (except pretend "letterhead" solicitors).

There can be no complacency on the Unenforceability journey though -- every letter must be opened, logged on the forum and then filed neatly as soon as possible, and then reply to each letter (if necessary) as per the advice on AAD. I found it almost satisfying to deal with the debts and correspondence in this methodical way. There was one former member who dealt with DCAs and creditors by email, but emails can come in at any time, and multiple times a day. But as there's only one postal delivery a day, you only have to deal with a maximum of two or three letters on any one day (and rarely would you get more than one a day; come to think of it most days there is no contact from them at all!). So you can deal with the daily post, and then get on with your day! As for phone calls, texts and emails, you can just ignore them, but I would still keep a log of when you receive them.

Here's a link to my introductory post from six years ago. If I hadn't been guided to this forum, I really don't know what situation or state I'd have been in by now. It has been a near-enough life-saver for so many of us here. Before I started, I was told the Unenforceability journey wouldn't be easy, but it's been far far better than any of the alternatives.

Well, a belated welcome from me, but I'm very pleased for you that you have found AAD!

[Joanna Connolly Solicitors]

Thank you for help Di. I have sent you an email, I hope you can take my case.

I've replied to your email.

You have 30 days to respond to that Letter Before Claim so there is time to deal with this.

I can see you've been told that the credit agreement is enforceable perhaps because the account was opened in 2016. What you need to establish is whether there are any other flaws with the account.

Di

[Warwick65]

Thank you for help Di. I have sent you an email, I hope you can take my case.

One more thing, I don't know if it's important or not, on my credit report from Noddle, the account from Avant credit appears settled, and no default on it, while the debt from new owner, Asset Collections doesn't appear at all.

The reason the notice from Avant Credit shows as settled is because they sold it on, therefore to them it is closed and done with.

If Asset Collections wanted they could now register the account under their name- although the date of default MUST stay the same. However, not all companies report to all or any credit agencies. I have some debts that have never shown on any credit file and others that have shown on clear score and not on Noddle

Hope that helps to explain things

[Caesar]

Thank you for help Di. I have sent you an email, I hope you can take my case.

One more thing, I don't know if it's important or not, on my credit report from Noddle, the account from Avant credit appears settled, and no default on it, while the debt from new owner, Asset Collections doesn't appear at all.

[Joanna Connolly Solicitors]

I think Di is aware

Yes I am

Di

[Warwick65]

Just a few more points
I have found this regarding default notices

http://www.legislation.gov.uk/uksi/2...ulation/3/made

So if a default notice is needed then it must be sent by post- email is not enough

As for proving receipt by email, there is software out there that gives read receipts where the recipient is unaware

I think Di is aware

[Roger]

Thank you Roger for help.

Just to make myself clear. Avant Credit (original creditor) haven't sent me any Letter of Assignment by post. They just sent an email. Asset Collections (new owner of the debt) sent me by post Letter of Assignment.
CCA request that I've sent was like AAD forum advice, recorded letter. But I've received back copy from my contract and copy from mails that original creditor sent to me during the time.
I waiting the end of bank holiday weekend and then I will contact Di to check the paper work.

And those email copies are alleged to have been sent to you previously by Avant Credit are they not?
So can Asset Collections prove that you received these and or they were not dumped into SPAM?

You also expressly mentioned "..emails that original creditor (Avant) have sent to me during the time. Annual Statement, Notice of Sums in Arrears were email from Avant to me. .."

But Notice of Sums of Arrears require a default Debt AND must include an attachment of Creditor advice etc..
You haven't mentioned a Default Notice (as mentioned by Warwick) and yet this is a key document (again must include an attachment of Creditor advice etc..)

So yes I do understand what you have written. But as Warwick pointed out some Legal Documents require to be Posted to you not emailed. I pointed out that emailing isn't a guarantee of service of a document (SPAM).
I also have pointed out that with Personal Loans there are consideration of early settlement (closure before end of Term ) as well as interim payments of the actual Debt (that is fairly recent) .
Warwick mention of a Default Notice is very pertinent and you haven't mentioned that document!

[Caesar]

Thank you Roger for help.

Just to make myself clear. Avant Credit (original creditor) haven't sent me any Letter of Assignment by post. They just sent an email. Asset Collections (new owner of the debt) sent me by post Letter of Assignment.

CCA request that I've sent was like AAD forum advice, recorded letter. But I've received back copy from my contract and copy from mails that original creditor sent to me during the time.

I am waiting for the end of bank holiday weekend and then I will contact Di to check the paper work.

[Roger]

I cannot personally comment on the terms or otherwise of your personal loan.
In a number of cases certain original owners have refunded interest.
The reason given "although we provided information ..your right to repay the loan early, we didn't remind you or your right to make partial payments during the term of the loan.."
Now I am not saying this applies in your case. However its worth checking carefully the terms & conditions to verify that the amount of this debt wasn't over stated!!

You will I think require legal advice and I would contact Di after looking through the paper work.

[Roger]

Drawing your attention to "..I've just found a Letter of Assignment from Asset Collections to me.."

Asset Collections demonstrate here the presumption of evidence of delivery by post of legal and Statutary Documents.

I say this because so much gets dumped in the SPAM box doesn't it?
The CCA 1974 doesn't envisage email's and the Cases almost always refer to Posted Mail (including adding days in for delivery)

I mean how would a Company prove that an email has been delivered and not dumped into SPAM?

If you think about this AAD policy is send by recorded delivery! Always the recorded of delivery with Legal Documents!

Now Warwick pointed something out which is pertinent here reference Default Notices which also applies to other Regulatory Notices these should be Posted (among other reasons these often require by LAW attachments reference the various Credit Help/Advisors to assist the Creditor).

It seems to me that Asset Collections various emails don't evidence that these were delivered in a timely manner to you! Certain Legal Documents require attachments (BY LAW).

You say how can you prove? You are missing the legal position HOW DO ASSET COLLECTIONS PROVE DELIVERY .
Frankly anybody can knock up a supposed email with NOTEPAD can't they?

[Caesar]

Yes, it was my mistake on post #3, because I have another Asset on Barclaycard.

I don't remember receiving any letter from Avant Credit during the contract. All that I have is emails. Documents received from Asset Collections when I sent CCA request were also copy from emails that original creditor (Avant) have sent to me during the time. Annual Statement, Notice of Sums in Arrears were email from Avant to me.

How can I prove they didn't send me a letter? It's my word against their word. One more think, before selling the account, the original creditor offered me to settle at 30% of the value. Offering at such low amount, do you think they might have some flaws in papers?

I've just found a Letter of Assignment from Asset Collections to me, but no letter from the original creditor (Avant Credit), just an email.

[Warwick65]

I don't want to confuse things but if they sent a default notice by email, that certainly isn't valid

[Joanna Connolly Solicitors]

The current owner is Asset Collections and Investigations Limited. They have bought the debt from Avant Credit. Avant Credit sent me just an email with Notice of Assignment, no letters.

Okay.

In post # 3 you say that the owner is "Asset Link".

2. Avant credit

• Type of account ( personal loan)
• Date commenced (2016)
• Approx balance £4.000
• Date last paid (last full payment May 2016, but I have payed small amount on payment plan until 2017)
• Not paying
• Status (default)
• Account owner (Asset Collections and Investigations Limited)

Avant credit sold my account to Asset Link in summer of 2017. Asset collection sent me 3 letter and a few mails and told them I am disputing the account with Avant Credit..

The thing is so much emphasis is put on whether the original credit agreement is unenforceable (it's obviously good when it is) but there are many other reasons for a debt to be unenforceable in court such as assignment issues. So it's critical to establish who actually owns this debt never mind who's writing to you.

I'm not sure an email will necessarily be acceptable Notice of Assignment.

We'll see.

Di

[Caesar]

Thank you Warwick65 and Diana Mayhew for help.

The current owner is Asset Collections and Investigations Limited. They have bought the debt from Avant Credit. Avant Credit sent me just an email with Notice of Assignment, no letters.

[Joanna Connolly Solicitors]

Why not drop Di an email , its Di@joannaconnollysolicitors.co.uk I think, look in her signature . Remind her who you are and where this thread is but it is the bank holiday weekend so my guess is she's out shopping (Ducks to avoid slap from Di)

I am sure she will give you some advice- initial advice is free - I think the key things here might be the assignment abd the default notice but depending on who actually owns the debt might make a difference

Hello Caesar

I’ll take a look back at your thread.

Is the current owner Asset Link Capital which is unlicensed (it lapsed in 2015)?

That detail should be made clear on any Notice of Assignment which may/may not have been served on you.

Let me know and we’ll take it from there.

Di