Caesar UE Diary

[The Tech Clerk]

well see what they send next - no doubt court action, but we will have to see next move from them? if you get the court form come back here for advice

[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
April 2019 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.
May 2019 Replied to the 2nd Letter of Claim

I've just receive a County Court Claim Form regarding this debt. Can anyone help me with this?

[The Tech Clerk]

Diana Mayhew talk to her di@joannaconnollysolicitors.co.uk

[Joanna Connolly Solicitors]

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
April 2019 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.
May 2019 Replied to the 2nd Letter of Claim

Who is named as the Claimant/debt owner on the claim form? Is it Cabot Financial Ltd or Cabot Financial (UK) Ltd.because that may matter?

Was the reconstituted credit agreement sent to you in April 2019 exactly the same as credit agreement Cabot sent you in August 2018 in response to your first CCA Request? I can't see why you sent them two CCA Requests in 2018 - was there a reason for the second one?

Is there a credit agreement amongst the documents you received in response to your SAR to Aqua, and if so is it the same as the documents you've been sent by Cabot and Mortimer Clarke Solicitors?

You have 19 days from the claim Issue Date to file your Acknowledgement of Service, so go online (MCOL) and tick the box which says you intend to defend all of the claim. Don't fill in the Defence box at this stage until you'll established what your Defence will be. You have 33 days from the claim Issue Date to do that.

Di

[Warwick65]

Hi Caesar

I do think you should email an un redacted copy ( don't obscure any details) of the front page of the claim form over to Di . That way she may be able to offer some options about ways forward.

In the meantime
You need to acknowledge the claim online- there should be stains in the claim pack about how to do this. Tick the defend all and do not write anything in the box

[Joanna Connolly Solicitors]

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.

I should also ask what was the dispute you had with Aqua?

Was it PPI or some other issue?

Di

[Caesar]

Thank you all for advice. I really appreciate.

Who is named as the Claimant/debt owner on the claim form? Is it Cabot Financial Ltd or Cabot Financial (UK) Ltd.because that may matter?

The debt owner is Cabot Financial (UK) Ltd.

I should also ask what was the dispute you had with Aqua?

Was it PPI or some other issue?
Di

I complaint to Financial Ombudsman for Irresponsible Lending, but was rejected.


Di, I've also sent you an email.

[Joanna Connolly Solicitors]

Di, I've also sent you an email.

And I've replied

Di

[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
Oct 2018. Email 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''
March 2019 a new Letter of Claim from TM Legal Services
March 2019. Replied to LoC and requested one more time Notice of Default. Email 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''

TM Legal offered me a reduced settlement, but not happy with that. Can someone tell me what template should I use to make them another offer because I don't want to acknowledge the debt.

They sent the offer, via email. Can I do the same?

[MisterK]

Hi Caesar

Have you had an opinion yet on whether or not this is UE ?

It's not as big as some, but everything helps.

[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 emails 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 credito (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.
April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.
June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.

After Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf, TM legal Services sent a new Letter of Claim. Can someone advise what to reply on LoC?

[cymruambyth]

I would delay replying until nearer the 30 day deadline and see if you get more guidance. My suggestion would be to tick box d to say you dispute the debt and say nothing else.

[Roger]

Here is half the problem emails and attachments
"...

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.

April 2019. Email, phone call and text message from Asset Collections. They are offering me 25% reduction on the balance to settle. Ignored them.

June 2019 Asset Collections instructed a third party legal company - TM Legal Services - to deal on their behalf.
.."

Refuse to accept emails everything in writing from now on!!
My thinking is to follow cymruambyth suggestion

tick box d to say you dispute the debt and the reason Outstanding LOC with Asset Collections
unless anybody else thinks otherwise!

[cymruambyth]

I would just tick box d and not give them a reason; they can find out for themselves the reason!

[Warwick65]

Yes at this pointed what others have suggested- wait until near the end of the 30 days and tick box D

You sent a CCA Request that Niddy said was En therefore at this point there is no point in sending another one

From what I've read TM legal are not the sharpest tools and maybe Jo and Di could scare them off if it comes to it.

Take the time to make sure you have all your ducks in a row with regard to paperwork- what you sent, what they sent, emails etc , get them all in order and numbered so you know exactly what you have and what you don't have