Caesar UE Diary

[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]

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!

[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

[Joanna Connolly Solicitors]

I think Di is aware

Yes I am

Di

[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.

[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

[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

[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!

[Caesar]

Thank you so much Roger Warwick65 , Diana Mayhew and Pip for help.

Since I've been recommended to this forum I stopped using the other forum because I feel this is the right path. It's not an easy way, but hey, nothing is easy in life.

[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)

04.05.2018 HSBC appointed Moorcroft to deal in their behalf.

15.05 Letter from Moorcroft: ''We are sorry that you did not respond to our previous letter. Neither we nor our client want to take further debt recovery action (such as further letters or telephone calls) but we need to discuss this account with you.
We will: discuss your current financial position with you; consider a repayment plan; if necessary place your account on hold to give you time to arrange your finances; let you know if our client is prepared to accept a reduced amount as partial settlement.
We won't: insist on full payment today; pressure you into any payment that you can't afford.''

What should I reply to this letter to delay as much as I can?

[Still Waving]

15.05 Letter from Moorcroft: ''We are sorry that you did not respond to our previous letter. Neither we nor our client want to take further debt recovery action (such as further letters or telephone calls) but we need to discuss this account with you.
We will: discuss your current financial position with you; consider a repayment plan; if necessary place your account on hold to give you time to arrange your finances; let you know if our client is prepared to accept a reduced amount as partial settlement.
We won't: insist on full payment today; pressure you into any payment that you can't afford.''

What should I reply to this letter to delay as much as I can?

I would do nothing at this stage other than file the letter away. The only 'threat' in the letter is that they will send you further letters (responses to which can be determined when they arrive) or try to phone you (that can be dealt with too as/when it arises).

Just to add - never speak to them on the phone if you do happen to pick up a call, only tell them any communication must be in writing only and hang up.

[Caesar]

Still Waving thanks for reply.

I haven't sent yet CCA request for overdraft. Is it worth it to send it to Moorcroft?

[Still Waving]

Still Waving thanks for reply.

I haven't sent yet CCA request for overdraft. Is it worth it to send it to Moorcroft?

You said you want to delay as much as possible, so why push matters by taking positive action at this point? CCA request can be used to stall once they become more heavy-handed.

[Roger]

You said you want to delay as much as possible, so why push matters by taking positive action at this point? CCA request can be used to stall once they become more heavy-handed.

I agree with Still Waving wait until HSBC sell this Debt on or there is a clear legal threat.

Moorcroft are HSBC Agents , my experience is that HSBC use 2-3 Agents to Collect on their behalf.
Patience and Silence at this time.

[Warwick65]

Hi again.
I do kinda agree. While it is with HSBC any response is more likely to be accurate.

I think your best hope is for them to bundle all the debts together and sell them on but just wait and see.
We are here for you if you need us.