Caesar UE Diary

[Warwick65]

NatWest_DN_1.pdf

This is the type of letter a S87(1) default notice should look like although I believe this is bad for a variety of reasons but the basic format is right

One thing that was missing was the OFT (now FCA) factsheet on defaults

The agreement for this account was 100% enforceable but they chose never to issue a claim and the account is now barred under the Limitations Act 1980 as well as being owned by an unlicensed debt purchaser (Cabot Financial (uk) ) so I think Joanna Connolly would have a field day

[Caesar]

Hi Warwick, thanks again for help. You don't have to feel sorry. Your words worried me because I value your opinion. I prefer to be worried now than feel bad later.

I requested SAR early in the morning but their answer was the account has been sold to Asset, please contact them to make any payments. I told them they misunderstood my request and should read one more time my email. Last reply from them was that they escalated my request to management team and they will let me know by mail if something happen. I hope I didn't done anything wrong.

Regarding of default notice I have never received something like you did. The amount of sums that I was behind were in NOTICE OF SUMS IN ARREARS
Served under section 86B of the Consumer Credit Act 1974.

[Warwick65]

I believe a SAR should be made in writing to the data controller. That is certainly how it used to work

AvantCredit
Liberty House, 222 Regent Street
London. W1B 5TR

[Caesar]

I used the last version that Roger told me about it.

,,Now that we're ready for the GDPR, did you know that you no longer need to pay for requesting a Subject Access Request (now known as a Right of Access)? 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.''

If you think it's wrong I will send letter on Monday morning. Royal mail to sign for delivery.

[Warwick65]

While using other means are clearly possible my personal preference would be by letter as this gives you a paper trail. If you do write in I would start the letter with

Further to my telephone call (or whatever it was) on xxxxxx ....

[Caesar]

Quite a few pay day loans with original lenders where I have self managed payment plan with them. Is it worth it to send them CCA request? Or just to pay what I can afford and after that to make an offer for f&f settlement?

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)

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?

Can anyone please help with this? Should I sent CCA request to Asset or just wait for a period?

[Still Waving]

Can anyone please help with this? Should I sent CCA request to Asset or just wait for a period?

No - just sit tight and await their first letter(s). You can then either file and ignore, or ask about an appropriate response, depending on the content of their letters.

[Warwick65]

I would also leave well alone at the moment

Just another question re this account

Did you ever receive a S87(1) Default Notice and if so how was it delivered. It is no use to you at the moment but I am a firm believer in building up a archest of evidence should you ever need it. I had a file of 100+ documents when I received my claim which made me, more certain in my own mind I never received a DN

How long ago did you get the decision from the FOS because usually the first decision comes from an adjudicator and you have a right to refer it to a more senior ombudsman.

[Caesar]

Thank you Still Waving and Warwick for reply.

I have received from them: Statement of Account Under Section 77A of the Consumer Credit Act 1974 and Notice of Sums in Arrears
IMPORTANT - YOU SHOULD READ THIS CAREFULLY Served under section 86B of the Consumer Credit Act 1974. Both were sent by email. No letters.

It was last year when my complaint was rejected by adjudicator and I didn't refer to an ombudsman because it was too late to do it.


One more thing regarding my another account hold by Asset. I requested SAR by email from Avant Credit but they said to contact the current owner of the account. I want to request SAR by recorded letter from Avant like you have advice me. Should I also request SAR from Asset Collections? Or SAR just from original creditor is fine?

[Warwick65]

personally, for now I would just go for original creditor

[Caesar]

Quite a few pay day loans with original lenders where I have self managed payment plan with them. Is it worth it to send them CCA request? Or just to pay what I can afford and after that to make an offer for f&f settlement?

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)

01.06,2018 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?

14.06.2018 Text message and email from Asset Collections that they own my account from now and I should contact them.

What should I do now?

[The Tech Clerk]

CCA request done??? to owners

[Caesar]

CCA request done??? to owners

No CCA request yet. Should I do it now or wait to buy more time?

[The Tech Clerk]

CCA request will give them 12 + 2 days to respond if not the account is unenforceable until they do even then not always enforceable send recorded delivery and keep copy? sure other will advise also sosee what they think as well

[Warwick65]

At this point you may want to wait a while until you have written communication from asset. I don't think there is any definite right or wrong answer, different views about how to handle things is all there are. The problem with asset from what i have heard is they play a little fast and lose with the truth. If you receive any letters from TM legal, do not necessarily believe what they say but check the facts first