Caesar UE Diary

[Warwick65]

Ok well that is something you can ask for should a claim come as well as ask for how it was served That is some way down the road

[Caesar]

Thank you Warwick65 for help. Can you or anyone else advice me how to deal with letter of claim? Should I try to start any negotiation or just wait for the to make first step. The claim is not big, under £500.

[Warwick65]

Hi Caesar

If it were me at this point I would fill in the reply denying acknowledgement. It is a difficult one because if you ask for everything they will use get it all ready before they issue a claim but if they issue a claim and you decide to settle it will cost you more as they might add the fees on.

I think on balance I would ask for the default notice and also how and when it was served on you.

Just as an aside - you can make offers to settle at any time and if they issue a claim and win, as long as you pay it all within 28 days , it will not be recorded . Hope that helps

[Caesar]

Hi Caesar

If it were me at this point I would fill in the reply denying acknowledgement. It is a difficult one because if you ask for everything they will use get it all ready before they issue a claim but if they issue a claim and you decide to settle it will cost you more as they might add the fees on.

I think on balance I would ask for the default notice and also how and when it was served on you.

Just as an aside - you can make offers to settle at any time and if they issue a claim and win, as long as you pay it all within 28 days , it will not be recorded . Hope that helps

Warwick65 Thank you so much for reply. You have no idea how much it helps.

Meantime I've just received to my email the SAR from Uncle Buck:

,,The information provided includes documentation for each of the applications made, including rollover accounts and are saved individually to reflect the relevant account number. I have attached the Loan Agreement, Standard European Consumer Credit Information and Adequate Explanations where applicable.
You will also find enclosed notes and emails relating to all communication held with you historically.''

Can they hold more information about me and don't want to sent? I haven't seen the Default notice and the Transfer of the account. And I haven't seen any email relating to communication held with me like they've pointed out on SAR Letter Customer.


You said something about the fees that they might add on if they issue a claim. How much that might be? And what kind of fees are? Are this depending on the value of the debts?

[Warwick65]

The fees are to do with court fees and fixed solicitors fees. They do vary on the value of the debt and include statutory interest at 8% from the time they bought the debt although this can often be challenged in court https://www.gov.uk/make-court-claim-...ney/court-fees

I think solicitors fees are about £65 so you are looking at a little over £100 I am guessing

[Caesar]

Warwick65 thank you for help. Let's hope I won't get to that point but it's good to know those info.

What about SAR from Uncle Buck? Is it possible to discover any flaws?

[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 creditor (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.

I've just receive an 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.

,,We have placed your account on hold for 14 days to allow you time to read through these and ask that you then contact us on xxxx to discuss your account.''

Can someone advice me what to do? I have requested to them the Default notice and the Deed of assignment which I haven't got. I already have Letter of Claim from Asset and have replied to it. What should I expect in future from them?

[Caesar]

I've just receive an 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.

,,We have placed your account on hold for 14 days to allow you time to read through these and ask that you then contact us on xxxx to discuss your account.''

I have requested to them the Default notice and the Deed of assignment which I haven't got. I already have Letter of Claim from Asset and have replied to it. What should I expect in future from them?

Can anyone please give me an advice what to do with this? Should I reply to Asset or just ignore?

I have checked through SAR from Avant and the only Default notice was this one served by email: ,,NOTICE OF DEFAULT SUMS THIS NOTICE IS SERVED UNDER SECTION 86E OF THE CONSUMER CREDIT ACT 1974''

[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

I've got two emails 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''
,,Further to our recent correspondence, we are in receipt of your response form from the Letter of Claim that was issued to you. We thank you for your response and have placed your account on an additional 30 day hold. Please be aware, we have since tried to contact you to discuss the next steps of your account.''

Can someone please advice me what to do next? I haven't seen any Default Notice in SAR from Uncle Buck.

[Roger]

The Default Notice is a key Document!
I should file that away carefully as they haven't got a Default Notice.
The SAR doesn't show a Default Notice
Notice there is nothing about issuing a claim is there! Another 30 days! Discuss the next steps of your account.
Silence from now on!

[Caesar]

Roger Thank you for help. So they can't issue a claim without Notice of Default, right? Because the amount is quite small (around £500), I was thinking to offer them 20% of the sum, but in this case I've changed my mind.

What about the other account with Asset Collections? The same thing only they gave me 14 days to discuss the next steps of my account. The same story, no Notice of Default, only this ,,,NOTICE OF DEFAULT SUMS THIS NOTICE IS SERVED UNDER SECTION 86E OF THE CONSUMER CREDIT ACT 1974''. Is this a correct Default Notice?


,,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.

,,We have placed your account on hold for 14 days to allow you time to read through these and ask that you then contact us on xxxx to discuss your account.''

[Roger]

1/ To discuss your A/c is not a threat.

I am Not Lawyer

2/ Default Notice is CCA S.87

3/ CCA S86E is as it says Notice Of Default Sums

These are two DIFFERENT Notices and for different purposes.

They can always issue a Claim (it will cost them to do so) but the Default Notice is a key legal document (which is why we ask for it!).

I would file this and await their next communication.

[Caesar]

Roger Thanks again for help. What is A/c on no.1?

I've just checked my credit report and in the moment when Avant sold my debt it wasn't registered any Default on my account. It says OK, account payments up to date, but haven't payed them for at least a year. How is this possible? I guess this is in my favor, right?

[Roger]

I am not a lawyer but if it wasn't defaulted that creates a problem doesn't it? (not your problem).

Any contact will most likely restart the Statute Bar clock. At the moment its ticking away day by day and long may it continue so!
So Silence is the word and everything in writing! If they pester you by phone , email or txt AAD has an harassment letter!

A/c on No 1? I am referring to the following! WHICH ISN'T A THREAT

,,We have placed your account on hold for 14 days to allow you time to read through these and ask that you then contact us on xxxx to discuss your account.''

[Warwick65]

Hi Caesar

just to put things into perspective - they CAN issue a claim even without a default notice but no DN makes winning it a whole lot harder.

As I think I have said before, and from a non legal perspective, I am not entirely sure at what point a DN is needed. It might and I stress might, depend on the type of loan , for example I had a one that was actually a type of revolving credit- once I repaid I could take money again without having to reapply- that would definitely have needed a DN.

I know how stressful it all is, I am holding my breath as I have two that go SB in 30 hours (the default date was 2nd November )