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  • Originally posted by Downtrodden View Post

    Thanks for that Di. I have sent you a private message. I am not sure if it got through.

    Yes I got your PM, and have replied

    Di

    Comment


    • Originally posted by Caesar View Post
      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''
      Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.
      Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.

      Can someone explain me if this is correct? No letter or email from the owner of the debt telling me that they sold the account.

      And why are they doing like this? I've googled about Perch Capital and no info, just they have same address as TM Legal.

      Comment


      • Perch Capital Limited
        https://beta.companieshouse.gov.uk/company/11207867
        Previous Company Name: TM ASSETCO LIMITED

        Creating an Assignment Chain (selling from one Co to another) could prove a problem for them!
        Selling whilst in dispute doesn't change the absence of a Notice Of Default!

        Comment


        • Originally posted by Roger View Post
          P
          Selling whilst in dispute doesn't change the absence of a Notice Of Default!
          Thanks Roger

          One more question.
          I've received Notice of Default served by email and being issued by TMLS on behalf of ACI acting for Perch Capital, the legal owner of the debt. It is obvious that this 3 companies are actually one.

          Is this something normal? To send DN after almost 4 years and debt was sold two times?

          Comment


          • No it’s not normal but I’d it a notice of default or a Default Notice. They are different things entirely.

            Dies it mention being served under S87(1) and does it give you a time scale to remedy it

            Comment


            • Originally posted by Warwick65 View Post
              No it’s not normal but I’d it a notice of default or a Default Notice. They are different things entirely.

              Dies it mention being served under S87(1) and does it give you a time scale to remedy it
              Hi Warwick65 . Thanks for reply.

              The title of the email says: ,,Notice of Default''

              And later on in the email I can see this: ,,This is a default notice served on you under Section 87(1) of the Consumer Credit Act 1974 because you have failed to keep to the terms of the agreement.'' And at the end they gave me a time scale to remedy it.

              So, is this a notice of default?

              I am still a novice but another thing that I consider odd, is one company to send notice of default in behalf of other company. Please correct me if I am wrong.
              Last edited by Caesar; 21 January 2020, 20:42.

              Comment


              • As far as I know one company can not issue a DN for another- Mercer’s caused bother for Barclaycard

                As I have posted elsewhere on here but not sure where, a DN has to be served by post or so I think.

                Also the wording has to be very specific but without seeing it I couldn’t even comment.

                What clause did you break, how much do you have to pay ?
                What are the names and addresses on the top of the DN
                How long does it give you to remedy the breach , does it just say in 18 days or does it give a date?

                What happens if you do fix it, what happens if you don’t?

                Were there any other attachments to the email?


                See it’s a minefield

                Comment


                • Originally posted by Warwick65 View Post
                  What clause did you break, how much do you have to pay ?
                  What are the names and addresses on the top of the DN
                  How long does it give you to remedy the breach , does it just say in 18 days or does it give a date?

                  What happens if you do fix it, what happens if you don’t?

                  Were there any other attachments to the email?
                  I have to pay around £500. They said I have failed to keep to the terms of the agreement.

                  Last edited by Caesar; 22 January 2020, 13:26.

                  Comment


                  • Originally posted by Caesar View Post
                    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 (new owner Perch Capital)

                    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''
                    Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.
                    January 2020 Default notice (served by email) issued by TMLS on behalf of ACI who is acting for Perch Capital, the legal owner of the debt.

                    I've just received a Claim Form from Northampton County Court Business Centre. The claimant si Perch Capital Limited. I have 14 days to reply to the claim. Can someone help me with this?

                    Comment


                    • Morning.

                      don't panic, I am sure Di will be along later to help.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Diana Mayhew
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment





                        • Speak to:-
                          di@joannaconnollysolicitors.co.uk
                          or by telephoning
                          0330 053 9340.
                          Our initial advice is always free.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • Try not to panic. What is the date on the claim form? You have 19 days from that date to respond which means logging on and acknowledging the claim. Then you have another 14 days to submit a defence.

                            I am not sure if I’ve said anything to you about service by post for default notices but I may have been wrong although possibly no harm in adding it in.

                            There are still lots of options even if you feel there is no hope of defending.

                            Comment


                            • Email sent to Di. Thank you all for help.

                              Comment


                              • Hi Caesar

                                Any updates on all this

                                I am assuming you sent a cca request, a cpr 31.14 request and filed a defence.

                                Assuming you filed everything at the last minute and allowing for post and service time, you should be receiving a DQ any time soon. Sadly having said that I imagine the court service is running on reduced staffing levels so if they sent the DQ back to the court by post, it might take them some time to get one sent out.

                                Any updates would be good to hear- and also good for other members to see how he process goes.

                                Comment

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