Caesar UE Diary

[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

[Warwick65]

Hi Caesar

Ok so there are some things you can do to delay any claim

I see you have already sent a CCA request off and Niddy has said it is enforceable

Who exactly is the owner of the debt and do you know what the path was, who owned it first and who was it sold to etc

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

I would also think about sending a SAR to the original creditor

Even if there is a claim you still have the options of setting up a repayment plan

[Caesar]

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. I complained them to FOS for irresponsible lending but was rejected. Before selling the account to Asset, Avant offered me to settle the account to 30% of the amount but unfortunately I did't have that money to pay.

02.02.2018 Sent CCA request to Asset Collections
06.02.2018 Email from Asset Collections, Notice of Sum in Arrears and they added that £1 for CCA request as a payment to them and deducted from my balance. Why is that? Is it correct?
08.02,2018 Received letter from Asset Collections and Investigations Limited: ,,please find enclosed copy of your Consumers Credit Agreement, Statement of Accounts and Notice of Default as requested. Please call us within 24 hours of receiving this letter''

Niddy has said it's enforceable.

02.05.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.

In the letter they have said that they tried to contact me to make a payment but were unable to engage me and now they are considering taking legal action. In order to prevent this happen I should contact them to discuss a suitable method of payment or reasonable offer of settlement.

Another file is ,,Information sheet'' where they said I received this because they intend to take me to the court in relation to a debt.

Then ,,Reply form''. I have 30 days to fill in and return the form. If I don't send it, it could result in court proceedings.

And finally the Standard Financial Statement.

It's first time when I receive this kind of letter. Can anyone help me with this?

[Roger]

It seems HSBC try 2-3 DCA's as their Agents before selling on. So ignore

[Caesar]

5. HSBC overdraft

• Type of account (overdraft)
• Date commenced (2011)
• Approx balance £5.000
• Date last paid ( FULL payment - June 2017)
• Not paying
• Status (default)
• Account owner (HSBC)

Defaulted in December 2017. They gave a lot of calls and in the end decided to called them. They gave me one month breathing space and sent an income and expenditure form. No reply from me so far. Don't know what to do.

04.05.2018 HSBC appointed Moorcroft to deal in their behalf.

Again same question. Should I do anything with them, or just ignore? It seems that HSBC keep passing my account from on DCA to another.

[Roger]

Should I send them CCA request or just ignore them? They were in charge also with my personal loan from HSBC but I ignored them completely. After 6 months they returned the account to HSBC.

Ignore them.
They are HSBC's Agents. Eat up the time here!! The longer the better!

[Caesar]

Should I send them CCA request or just ignore them? They were in charge also with my personal loan from HSBC but I ignored them completely. After 6 months they returned the account to HSBC.