Caesar UE Diary

[Warwick65]

Hi Caesar

I am not sure if I have mentioned this before or even if its on the thread BUT

If you have some payday or high cost loans that you are paying back, it might be worth making affordability complaints - they could write off some or all of the interest and maybe some of the capital . This would then release money for higher priorities

Sara also known as Debt camel has written a great article here https://debtcamel.co.uk/payday-loan-refunds

It may not be exactly the AAD way but I am a firm believer in being pragmatic and taking the route that is best for you. I am not here to give 'advice' just to help YOU make an INFORMED decision

Hope it helps

[Caesar]

Hi Warwick

I've made complaints to all my payday loans including Avant Credit, but only just a few were successful. Avant one was also rejected by FOS.

Thank you and please feel free to give me any advice.

[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.

31.05.2018 Received envelope from Asset Collections and Investigations Limited with following documents: Notice of Assignment from Avant to Asset (this the one from Asset Collectionts, nothing from original creditor); Consumer Credit Agreement; Notice of Sums in Arrears from Avant Credit; Annual Statement.

I haven't requested any of these documents. There were sent to me also when I sent CCA request. Why have they sent it again? There is no letter to confirm that they received my reply to the Letter of Claim.

[Warwick65]

I think they are now getting everything in order so they can issue a claim. From what you have posted and what I have seen- which isn't everything at all, it looks like they may have a strong case.

I think I did ask you a while ago how the default notice was sent to you, was it by post or by email?

[Caesar]

Thank you for reply Warwick.

Default notice from original creditor was sent by email.

What should I do now? Should I start negotiate with them for a monthly payment? Or make an offer for full and final settlement? Any help will be more than welcome. I fell lost and hopeless.

[Roger]

Well lets start being positive here. You are a long way away yet from a CCJ!

Warwick has already pointed out that the Default Notice is required to be sent by Post!!

There are questions that you should seek to find the answers to and the most likely source will be a SAR sent to Avant Credit!

By send a SAR to Avant Credit this should provide the missing background detail. You don't now need to send the £10 and Niddy has provided a template plus information here

https://www.all-about-debt.co.uk/forum/forum-information/forum-announcements-site-feedback/important-announcements/1510818-sar-gdpr-2018#post1510818

This is my thoughts re outstanding queries! where perhaps there will be answers in the SAR!

1/ What was the purpose of the Personal Loan was it to repay other existing debt?
2/ Was there any PPI
3/ In your list of documents sent by Asset Collections you don't mention a Default Notice is that correct Asset Collections haven't sent copy of this?
4/ Did they also send you an account Termination Notice?
5/ Did the emails include the required advice that should be sent out with these letters?

[Caesar]

Thank you for reply Roger.

From Warwick post I understood that they can go to the court straight away because they have a strong case. So in my mind was to send them asap an offer for a f&f settlement (or a monthly) offer to stop them starting the procedures (and after that to find who can lend me that money). Maybe it's a bad idea but I am still novice and have not a clue about this stage.

Avant Credit never sent me a letter. All communication with them was by phone or email. Is it not too late if I require a SAR? That will take 40 days.

Now to answer:
1.Personal loan taken to pay other debts. I had 7-8 payday loans plus HSBC personal loan, 2 credit cards and Sunny personal loan. I made complaint to FOS for irresponsible lending but it was rejected.
2. No PPI
3. No Default Notice. Only NOTICE OF SUMS IN ARREARS Served under section 86B of the Consumer Credit Act 1974. Is this the same thing?
4. No Termination Notice. I've received the ,,Notice of Assignment from AvantCredit of UK to Asset Collections and Investigations Limited''.
5. I don't know what do you mean by that. They've sent: ,,FCA Arrears Information Sheet''. It was attached to the email with NOTICE OF SUMS IN ARREARS. It's the file that all banks use to send.

[Roger]

Very good
Now you have work to do Silence with Asset Collections from now on

1/ These are different types of debt under the CCA 1974 (might be important) so you need to provide background details to these!
2/ The SAR will show whether there was PPI ! But what about PPI on these various debts at 1/ above?
3/ These are in Law TWO DIFFERENT NOTICES and understandable you have confused them (a) Default Notice S 87 (b) Notice Of Sums in Arrears S 86B
4/ No Termination Notice - The Assignment isn't a Termination Notice!
5/ Yes the FCA Arrears Information Sheet.
Also needs to be sent with Default Notice S 87 which must be sent by Post! (Warwick pointed this out).

Make notes (for yourself of the above) and file this. What Asset Collections have NOT sent a Default Notice nor a Termination Notice

The SAR (now called Right Of Access) send this tomorrow by recorded letter because you haven't read Niddy's entry because its not 40 but 30 days "..

the one month time limit for responding... Use Niddy's template - which I have copied below.

Dear Sirs,

Ref: {enter your account details}

In line with article 15 of the General Data Protection Regulation 2018 (GDPR) I hereby formally request that you provide me a copy of all information held about me on your systems, in paper format or other means.

This is a data subject request so please send me

everything

that you hold about me to my home address as detailed below:

{enter your address}

I look forward to receiving the requested information within the next 30 days, as per the GDPR.

Yours faithfully

[Caesar]

Thanks again Roger.

What do you mean by silence? I thought I have to try to negotiate in order to stop them starting the procedures of issue the claim.

To be honest I am afraid of them issuing a claim very fast. They don't have patience and look like being desperate. Just an example: they received from me the Letter of Claim, and in the same day send back the documents, same documents sent as CCA request. Do you think they can go to the court very soon? Warwick said they might have a strong case and I trust his opinion too. I have no idea about what to do so any advice is more than welcome.

I don't know if I understood correct from Di, but they are allowed to send the Default Notice by any method they want. So email it's accepted. I hope I am wrong.

So, I will send the new SAR tomorrow morning. Can I send this by email? Or letter is the best, isn't it? Just read the Niddy's post: ,,Similarly, you no longer need to actually write in anymore - you can use any formal means of contact such as requesting your information via phone, Facebook (and other social media outlets) or via email, if the firm can adequately identify you of course.''

[Warwick65]

There seems to be a little confusion about what exactly you were sent with regards to the default notice or notice of default. Without actually seeing what was sent it is hard to tell. I will try to post up a S87(1) default notice for a loan tomorrow so you can see what it looks likeBut in essence

It must say it is a default notice served under s87(1) cca
it must include your name and address and their name and address
It must be dated
It must say which clause was breached
It must say what you need to do to remedy the breach
It must give a date by which that breach should be remedied ( not within x days) this should be 14 days from service although judges take differing views on when that was. In the car crash that was arrow global v frost the judge I think said it was the day after the date on the letter

Some judges are more inclined to take a bad DN seriously others less so.

I will try to dig out the regulations that say it must be sent by post

What I was saying was, it looks as if they are getting things in order and while I may be wrong I suspect a claim may come at some point however a claim does not mean you will get a CCJ. I spent the last few years expecting multiple claims but only ever received one. Time yet though... I think one is being prepared for sale as we speak.

[Warwick65]

https://www.legislation.gov.uk/uksi/...ulation/3/made


I think that is the amendment that says in paper form

[Caesar]

Thanks again for help Warwick.

This is the only thing received by email from Avant Credit. There were only 2 different letters: IMPORTANT - YOU SHOULD READ THIS CAREFULLY
NOTICE OF SUMS IN ARREARS
Served under section 86B of the Consumer Credit Act 1974.

It was dated, had my name and address, their name and address.

,,This notice is given in compliance with the Consumer Credit Act 1974 because you are behind with sums payable under the Loan.

This Notice of Sums in Arrears sets out details of the payments received from you against the contractual amounts due under the Loan Agreement. It is possible we have agreed with you a change to the repayment schedule in the Loan Agreement. If we have, then so long as you keep to the revised repayment schedule then no action is necessary from you at this time and no action will be taken by us.''

I don't think this is the one that you mentioned. And this one Asset Collections served to me when I made the CCA request.

[Roger]

We have all been where you are now. Confused and trying to make sense of various documents etc. etc.
The Silence to Asset Collections because until you have the SAR information from Avant Credit you are in no position to determine what your real options here are!

1/ Negotiations but on what basis when we don't really know whether key documents exist!

Whether this is actually unenforcible!!

2/ Asset Collections had to ask Avant Credit for these documents that they have sent you! Asset Collections intend to intimidate and confuse you into making a poor decision.

So for the moment ignore Asset Collections because you need the SAR data from Avant Credit.
The Log file with Dates and documents and they must supply this within the 30 days.
Do not lose another day over requesting this from Avant Credit. This will also include whether there is PPI (unknown to you) or not

But there may well be PPI with those previous debts that were amalgamated into this Loan and you need to investigate these! As much information about these as possible.

You realistically cannot make an informed decision without have this information!
You fear the issue of a Claim Form? Well Join the club with the rest of Us!!
There is a wealth of knowledge and know how on this site and issuing a Claim Form doesn't automatically mean a CCJ on the contrary all options remain open including negotiations.

This SAR is the start of your taking control of your own affairs. Putting them into order and making informed decisions.
YES we have all been where you are confused over documents, hounded by DCA's; No Money; Low confidence!! Etc..
Welcome to the best site on the internet!! Welcome to the AAD

[Caesar]

Thank you for help and support Roger. That means a lot for me. From the moment I joined this site, I stopped using the other forums. You are right, this is the best site on the internet with the best people.

I've already send email to Avant Credit requesting SAR information using the template from Niddy. Let me know if better to send letter and I will send on Monday morning.

To be honest I have no idea if there is PPI, I was just assuming.

Asset Collections look quite desperate and pushing me a lot and don't offer time to breath. They play this game in order to scare me. I have no idea how this issuing a claim works and how are the timings. I thought everything will go so fast and I won't have time for anything.

1. For the moment I stop thinking at negotiations
2. Asset Collection send me only 3 documents so far: The agreement between me and Avant; Notice of sum in arrears; Notice of Default from them only not from Avant. I believe they don't have more than that.

[Warwick65]

Hi Caesar

From what you say you have not received a S87(1) Default notice . Now this is good because they will need to have issued one in order to win any potential claim. This was exactly how i defended my claim , there were several arguments but the Judge decided on this one first because if i won on that there was no point in listening to anything else. The SAR was useful because it did not explicitly state when or if a DN was sent and the one the claimants mocked up was so defective as to be laughable.

As Roger said, get your SAR off asap

Just for accuracies sake
They have one month to reply however they may give good reason it will take longer and they have a further two months - but they must respond within one month

Equally if they think the request is disproportionate they can refuse to supply some of the data or request reasonable costs such as photocopying although in reality I think at the moment they will just comply

As someone said to me yesterday about GDPR in general- there may be aspects which people are getting worked up about that are irrelevant but parts that may yet cause trouble

Try no to panic and sorry if my words worry you - I always tend to think being forwarned is forarmed

They may be a time when a settlement is needed but just at the moment I am not sure it is the time. As I said, I have not seen the documents or letters you have been sent so can only go on what you have said