Caesar UE Diary

[Caesar]

6. Aqua

• Type of account (credit card)
• Date commenced ( Apr 2016)
• Approx balance £500
• Date last paid (July 2016)
• Not paying
• Status (default)
• Account owner (Cabot)

Aqua sold my account to Cabot in 2017. They sent me a lot of letters and phone calls. Answered once and told them I am disputing the account with Aqua and no other contact with them. Last letter they sent me an I&E form in order to start a payment plan with them.

Feb. 2018 Sent CCA request to Cabot.
Feb.2018 Received reply form Cabot. They don't have this information on file. They won't be able to provide the information requested in 12 days but they hope to do this in 40 days.
Aug.2018 Received CCA request from Cabot. Reconstituted agreement and Niddy said it looks dodgy and very confusing but being new it's definitely Enforceable.
Sept.2018 Letter from Cabot that they are referring my account to Mortimer Clarke Solicitors.
Sept.2018 Letter of Claim from Mortimer Clarke
Sept.2018 Sent SAR to Aqua and CCA request to Cabot
Oct 2018 received letter from Mortimer Clarke Solicitor that they have requested copies of the original Agreement and other relevant documents. My account has been place on hold until these documents are obtained.
Oct 2018 received SAR from Aqua
April 2019 Letter from Mortimer Clarke Solicitors: Please find attached the following documents: Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua. Our client is not able to provide a copy of the original credit agreement. Our client position: our client would like to settle matters with you without the need for further court proceedings. We therefore ask that you put forward repayment proposals to address the outstanding balance.
May 2019 Replied to the 2nd Letter of Claim

New letter from Mortimer Clarke Solicitors:
,,recently we sent you a letter informing you of our client's intention to issue a claim against you, to ask the court to grant a CCJ. we asked you to contact us to discuss this, so that we can try and resolve the matter before it gets to court. If we do not hear from you within 21 days of the date of the letter, we expect to be instructed to issue proceedings without further notice to you. Once this happens, if you want to make an offer of payment, you would need to complete the court forms to do this.''

And they insist to contact them to prevent the claim. What should I do?

[Caesar]

...

[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.

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.

New email from Asset Collections and Investigations Limited: ,, IMPORTANT We have been trying to contact you to discuss your account but have had no response to date.
Our goal is to resolve this matter with you, however if we do not hear from you, we will have little option but to refer this matter to a third party legal company that may result in commencing legal proceedings against you.
This could result in the following: - A County Court Judgment (England & Wales) or Decree (Northern Ireland & Scotland) against you; - Additional Court Fee's and Interest applied to your balance; - You could be placed on the Register of Judgments, Orders and Fines for 6 years; - Difficulty in obtaining credit in the future. Please contact us...''

Should I reply something to this? To let them me know I exist, or just ignore like I did so far?

[The Tech Clerk]

Harassment by Telephone

[Warwick65]

Hi

I would write to them giving the number they are calling and if they are using multiple numbers list some of them. I simple few lines

Dear x


The following numbers (List them) which I believe belong to your company have been calling me on the minimum of a daily basis and not leaving a message. I find this personally intimidating and request that as per the FCA guidelines you only communicate with me in writing.

The number you have been calling is ...........


Yours
Caesar


Alter it to fit the circumstances, it is particularly annoying when they do not leave a message

The alternative is to answer a call , refuse security and tell them to contact you in writing.
I have done this successfully with several companies such as Cabot , Lowell etc.

Again and the is a personal view, its getting the tone right between confrontational and assertive. If they carry on then send a follow up letter headed Formal Complaint but come back here first

[Caesar]

Thank you Warwick65 .

I need one more advice. How should I deal with a company who is calling me almost daily and they change the phone number at one point? Should I ignore them?

[Warwick65]

Sounds bizarrebut it makes get just be a tactic. Don’t ask for the DN and don’t tell them. This is the second account I have heard of with multiple letters of claim.

[Caesar]

Thank you Warwick65 and nightwatch

I've checked one more time. There is no Default Notice on the papers received from Mortimer Clarke Solicitors despite I requested when I replied to the first LoC.

Warwick65 yes, it is second Letter of Claim. One month earlier they said if I don't start payments to them, they will issue a County Court Claim. And now I received a new Loc. And they keep saying that they want to work with me to avoid legal action.

[nightwatch]

Caesar
as it is a 2nd LoC for the same debt why not email Di and ask if she can point you in the right direction,
initial advice is free, di@joannaconnollysolicitors.co.uk

[Warwick65]

I get confused easily- if this is a second letter of claim for the same debt?

If it is I would ask them again for the credit agreement, notice of assignment maybe deed of assignment- they will refuse that . I wouldn't at this point ask them for the default notice, I suspect they do not have a copy of one which as I think I said could be problematic for them. Of course if you had received one I could never advise you to lie

[Caesar]

Thank you Warwick65

Cabot have not provided a Default Notice despite I requested when I replied to their LoC. Can you please advice what should I reply to the latest Letter of Claim?

[Warwick65]

Hi Caesar

So Cabot have not provided you with a copy of the Default Notice? that would mean if they could not evidence one has been sent then they might and I do stress might be in trouble.

I think most default notices these days give the right number of days service and dates, the amount due bust be by a date (and not for example '14 days from the service of this notice') As a rule it should be 18 days from the date of the letter

One thing is, some default notices get the amount due wrong. I believe it should be the amount of arrears + any amount that would be needed to get your account back within its credit limit.

I think there might be case law on this but am not sure who or where

For now stick with what you are doing

[Caesar]

Hi Warwick65

Niddy said the agreement looks dodgy and very confusing but being new it's definitely Enforceable.

Regarding the Notice of Default. There is nothing on the papers from Mortimer Clarke and solicitors, only monthly or annual statements.

As I know the Aqua account was sold to Cabot Financial (UK) Ltd and they own the account but Cabot Europe are dealing in their behalf.

[Warwick65]

Hi again Caesar

Just looking back

You have said Niddy said your agreement looked iffy - did he expand on what was wrong?

It may not be something that could defeat a claim but might be a good negotiating tactic should the worst happen.

Can you also answer the questions I asked previously. If you don't want to post the answers on the forum let me know.

[Warwick65]

Hi Caesar

There are too many pages for me to read back but just looking at your last update on this aqua debt
You sent a SAR to aqua

Did it show a S87(1) Default notice was issued, if so did it include a copy or do you have the original?

Does it show the date it was sold to Cabot and does it say which incarnation of cabot it was - do they agree with what cabot are saying, you say the debt is now owned by Cabot Financial (UK) Ltd so is that who Aqua sold it to and is the date correct?

You have a copy of the agreement and I am guessing some statements- is the interest rate on the agreement the same as the interest rate on the last statements , if not were you told about it, if you were not told about it, read the agreement to see what it says about varying the agreement.

While non of this in itself is useful RIGHT NOW, knowledge is power . If there are inconsistencies you need to know them