Caesar UE Diary

[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 Collections and Investigations Limited 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.

Feb 2018 Sent CCA request to Asset Collections
Feb 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?
May 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.
May.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.
May 2018 Replied to Letter of Claim. I haven't acknowledged the debt and told them I am disputing it. After that, Asset Collection sent me one more time the same documents sent after CCA request, and nothing more. The documents included a copy of agreement but not the documents that I requested on my reply to LoC.
June.2018 Sent SAR request to original credito (Avant) but no reply so far. They just ignore me.
Sept 2018 Received SAR from Avant Credit served by email
Oct 2018 Email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.
April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.
June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.
July 2019 TM Legal Services sent a new Letter of Claim
July 2019 Replied to LoC saying I dispute the debt.

Email from TM Legal Services. They ask to confirm why I dispute the debt.

Should I reply something to this?

[cymruambyth]

I know Di is busy and doesn’t always get on to the site. It is up to you as to whether you reply or not, but if you do just return form with box d ticked and add nothing else.

[Caesar]

Hello Di, can you please advise if I should send the reply to their second Letter of Claim or skip it? I have only a few days left to do this.

[Caesar]

When you replied to the first Letter of Claim from Asset Collections last year (May 2018) did you request the Default Notice from Avant?

Yes, I have requested the Default Notice.

I can see a DN wasn't on the list of documents you say they sent to you in response to your request.

There was no Default Notice in their response, despite on the first letter was written they enclosed one. I have from them only Annual statement and Notice of sums in arrears, both form Original Creditor.


Checking throw out the papers, I found something like a odd DN served to me by Asset Collections, just a few months after they bought the account.

[Joanna Connolly Solicitors]

2. Avant credit
. . . .
2.005.2018 Asset Collections and Investigations Limited sent me a Letter of Claim.
29.05.2018 Replied to Letter of Claim. I haven't acknowledged the debt and told them I am disputing it. After that, Asset Collection sent me one more time the same documents sent after CCA request, and nothing more. The documents included a copy of agreement but not the documents that I requested on my reply to LoC.

. . . June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.

When you replied to the first Letter of Claim from Asset Collections last year (May 2018) did you request the Default Notice from Avant?

I can see a DN wasn't on the list of documents you say they sent to you in response to your request.

Once I know that I'll be able to comment on this latest Letter of Claim. Sometimes, not always, it may be beneficial not to reply.

Di

[Warwick65]

I have received your message regarding your Aqua account- I would talk to Di about what is next as I see you have been in touch with her

AS a general rule for laying out letters- the way the template letters on here are laid out os about right, dress and date top right, their name, address and reference number just above the Dear Sir on the left

Signatures for CCA requests can be digital but its up to you

[Caesar]

Thank you all for help. So I will tick just the box D and I won't request more documents on box I.

I will send the reply close to the 30 days deadline.

[Warwick65]

Yes at this pointed what others have suggested- wait until near the end of the 30 days and tick box D

You sent a CCA Request that Niddy said was En therefore at this point there is no point in sending another one

From what I've read TM legal are not the sharpest tools and maybe Jo and Di could scare them off if it comes to it.

Take the time to make sure you have all your ducks in a row with regard to paperwork- what you sent, what they sent, emails etc , get them all in order and numbered so you know exactly what you have and what you don't have

[cymruambyth]

I would just tick box d and not give them a reason; they can find out for themselves the reason!

[Roger]

Here is half the problem emails and attachments
"...

Oct 2018 Email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement -

I can't open it,

FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.

April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.

June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.
.."

Refuse to accept emails everything in writing from now on!!
My thinking is to follow cymruambyth suggestion

tick box d to say you dispute the debt and the reason Outstanding LOC with Asset Collections
unless anybody else thinks otherwise!

[cymruambyth]

I would delay replying until nearer the 30 day deadline and see if you get more guidance. My suggestion would be to tick box d to say you dispute the debt and say nothing else.

[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 Collections and Investigations Limited in summer of 2017. Asset Collection sent me 3 letter and a few emails 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.
29.05.2018 Replied to Letter of Claim. I haven't acknowledged the debt and told them I am disputing it. After that, Asset Collection sent me one more time the same documents sent after CCA request, and nothing more. The documents included a copy of agreement but not the documents that I requested on my reply to LoC.
June.2018 Sent SAR request to original credito (Avant) but no reply so far. They just ignore me.
Sept 2018 Received SAR from Avant Credit served by email
Oct 2018 Email from Asset Collections: ,,I am writing to confirm that we have received notification of your dispute relating to Avant Credit''. They've attached: Avant Credit anual statement, Consumer credit agreement - I can't open it, FCA Arrears Information and Notice of Assignment from Avant Credit to Asset Collections - That was served by new owner, Asset Collections.
April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.
June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.

After Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf, TM legal Services sent a new Letter of Claim. Can someone advise what to reply on LoC?

[MisterK]

Hi Caesar

Have you had an opinion yet on whether or not this is UE ?

It's not as big as some, but everything helps.

[Caesar]

11. Uncle Buck payday loan

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £500
• Date last paid (2016)
• Arrangement: not paying
• Status (default)
• Account owner (Asset Collections and Investigations)

June 2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations. Now I have 2 accounts with Asset.
I had a payment plan with Uncle Buck which I stopped it when I complained to FOS. My complaint was rejected but I haven't restarted the payment?
Sept 2018 Letter of Assignment from Asset sent again
Sept 2018 Letter of Claim from TM Legal Services regarding this debt
Oct 2018 CCA request to Asset Collections
Oct 2018 GDPR (SAR) request to original creditor Uncle Buck
Oct 2018 Received email from TM Legal Services my requested credit agreement
Oct 2018 GDPR (SAR) received from Uncle Buck but no Default Notice or Assignment Letter on it.
Oct 2018 replied to Letter of Claim and denied the debts. I have requested the Default Notice
Oct 2018. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
March 2019 a new Letter of Claim from TM Legal Services
March 2019. Replied to LoC and requested one more time Notice of Default. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''

TM Legal offered me a reduced settlement, but not happy with that. Can someone tell me what template should I use to make them another offer because I don't want to acknowledge the debt.

They sent the offer, via email. Can I do the same?

[Joanna Connolly Solicitors]

Di, I've also sent you an email.

And I've replied

Di