Caesar UE Diary

[Caesar]

Warwick65 thank you. I will try in future to avoid emails and send letters. Meantime new email from TM Legal. Are they allowed to send one more time Letter of Claim? Because they are about to send me another one. I don't understand what they are doing.


,,Further to our recent correspondence informing you that we had been instructed on behalf of Asset Collections & Investigations Limited, you have failed to engage with us regarding payment. We have now issued you with a Letter of Claim, which also encloses an Information Sheet, Reply Form and Financial Statement. You will receive this shortly via the post.

The Letter of Claim provides you with 30 days to respond to us in relation to the outstanding debt. In the event, you do not respond to us we are instructed to issue County Court proceedings.

In order to avoid the issuing of County Court proceedings, please contact us using the details set out below to arrange payment of your outstanding debt. You can also respond to us using the Reply Form enclosed with the Letter of Claim.''

Should I reply something to this email?

[Warwick65]

TM legal do seem unprofessional

I would do the same sort of thing as before but by post , deny the debt and ask for the same documents

Yes they are allowed to send another letter of claim

[Caesar]

Thanks Warwick65 I will do the same as last time.

I've googled about TM Legal and everyone was complaining about how unprofessional they act. I have to be careful in future.

[Caesar]

New email from TM Legal. I have no idea what they are doing. This email was also sent in October 2018.

,,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. Their contact details are as follows: email address: info@unclebuck.tv Kind Regards, TM Legal Services''

[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

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. Our client will not ask you to pay more then you can afford, therefore we include an income and expenditure form for you to complete. Please provide your response within 14 days, if no response is received we are instructed to issue a County Court Claim against you.''

Can someone help me with a piece of advice?
Is this Reconstituted Copy of Your Agreement ok? Default Notice was served under Section 87(1) of the CCA 1977.

Hard to say if I can find some flaws here, and I am thinking to use one of the templates from here and offer them a small amount to pay monthly or 20-30% of the debt in one payment. Is this a good idea?

[nightwatch]

I am unsure of what to tell you to do,

just one point though, if they can't find the original agreement, how have they made a reconstituted one for you?

may be time to email Di and ask her for some advice?

[Warwick65]

Hi Caeser

I received your message, many apologies, it seems I am not getting any notifications

To answer some questions and also ask a couple of my own

1) Yes a recon is perfectly acceptable form of agreement to send for any CCA request. For a 2016 account, it would also probably be ok in court.

2) You say a S87(1) DN was served, how was it served, by post or by email? Did you ask Mortimer Clark for one and did they send you a copy, do you still have the original and was it compliant? Sorry lots of questions and comments rolled into one there

3)I personally would not make an offer for a monthly repayment, this would drag it on and they could still go for a ccj at any time

4) IF you were going to offer a full and final I would never start as high as 20-30% . I would start at something nearer 10% and phrase it along the lines, although I deny any liability, your continued communication has caused me significant stress and I would therefore like to offer, without liability and in full and final blah blah blah £50

It really is up to you as to what path you take - I have just had the last of 50K's worth of debt go SB but it could have been so different

[Warwick65]

Hi Caeser

I received your message, many apologies, it seems I am not getting any notifications

To answer some questions and also ask a couple of my own

1) Yes a recon is perfectly acceptable form of agreement to send for any CCA request. For a 2016 account, it would also probably be ok in court.

2) You say a S87(1) DN was served, how was it served, by post or by email? Did you ask Mortimer Clark for one and did they send you a copy, do you still have the original and was it compliant? Sorry lots of questions and comments rolled into one there

3)I personally would not make an offer for a monthly repayment, this would drag it on and they could still go for a ccj at any time

4) IF you were going to offer a full and final I would never start as high as 20-30% . I would start at something nearer 10% and phrase it along the lines, although I deny any liability, your continued communication has caused me significant stress and I would therefore like to offer, without liability and in full and final blah blah blah £50

It really is up to you as to what path you take - I have just had the last of 50K's worth of debt go SB but it could have been so different

[Caesar]

Thank you for help Warwick65

2) You say a S87(1) DN was served, how was it served, by post or by email? Did you ask Mortimer Clark for one and did they send you a copy, do you still have the original and was it compliant? Sorry lots of questions and comments rolled into one there

Mortimer Clark didn't send me Notice of Default when I asked for it. The only documents sent are: ,,Statement of Account, Reconstituted Copy of Your Agreement, Terms and Conditions from Aqua''.

I found the Notice of Default in documents that Aqua send when I requested new SAR. It was served by post. Is there a chance that Cabot and Mortimer Clark don't have it? Or just forgot to send it.

Should I ask for Notice of Default and wait for a bit for F&F settlement? Or maybe there is another way to go.

It really is up to you as to what path you take - I have just had the last of 50K's worth of debt go SB but it could have been so different

Good news. Congrats! This is so encouraging for people like me.

[Warwick65]

I would not be asking them for the DN at this point, just gives them more time to get it together.


Not sure what your best route is and it is always difficult to know which way they will go. I have to say, I am surprised an actual default note was included in a SAR, most people report just getting a log entry saying it was sent.

If you want to try and get rid then a low full and final may be a good idea, if you want to brazen it out, we will help where we can

[Warwick65]

I would not be asking them for the DN at this point, just gives them more time to get it together.


Not sure what your best route is and it is always difficult to know which way they will go. I have to say, I am surprised an actual default note was included in a SAR, most people report just getting a log entry saying it was sent.

If you want to try and get rid then a low full and final may be a good idea, if you want to brazen it out, we will help where we can

[Caesar]

Thanks again Warwick65

Can you or any one tell me which template I should use for making an offer? I don't want to acknowledge the debt in case they decide to go to court later.

[The Tech Clerk]

go to templates above and click on making offers etc

[Caesar]

go to templates above and click on making offers etc

Thanks The Tech Clerk. Should I start with that one, Testing the water and see their reply?

[The Tech Clerk]

Warwick65 is helping you they will advise I am sure