My diary - getting head out of the sand....

[sunnyside]

I'm new here and also have little concrete info on my debts so apologies in advance to anyone who thinks I've been hiding under a rock for too long - I have :-(

I have lost all original information relating to these debts in one of my many house moves

ASSET LINK CAPITAL now own all three of the following debts:

£849.51 - this was an overdraft with the Co-operative bank (I think)
£394.12 - this was also a Co-op overdraft (I think)
£2,572.75 - this was a credit card which I think was also Co-op bank - but I'm really unsure

I was paying them via a payment plan scheme for a while and then I stopped paying anything in April 2015.


PRA GROUP - they own the following debt which went to court as a CCJ but I managed to get it set aside. I'm paying this one back currently at £50 a month.

£6,179 - an old loan which I think might have been Capital One but again I'm totally unsure.

They were all taken out prior to 2007.

I'm working out what to do which I think is sending the first template letter? Any advice TOTALLY appreciated!

Thanks,

Ali

[Still Waving]

Hi

You say you haven't paid towards the first three since 2015, but you don't say what recent corrspondence you have had from/with ASSET LINK CAPITAL. It would help if you could provide info regarding the current position separately on each of these.

The first step would appear to be to send CCA74 request template letters to ASSET LINK CAPITAL for each of the 3 accounts, sending them by recorded delivery enclosing the Statutory £1 fee in each case. This should establish the origin of the accounts, and if they can produce copy agreements you can send them to the webmaster for an opinion as to whether they are legally enforceable.

You don't say on what grounds you had the PRA account CCJ set aside. Is the £50 payment arrangement by court order or by a Tomlin arrangement? Again it would be helpful if you can provide this info too. It may well be that the same first step will apply to this one too, but the answers to these questions may affect that advice.

[sunnyside]

Thanks Still Waving

OK so the CCJ was set aside because all the documentation had gone to an old address (despite a postal redirect), so I hadn't received any of it and so was unaware the CCJ process had started. The £50 a month was arranged by a court order.

Regarding ASSET LINK CAPITAL, for all three debts I have received exactly the same letters:

21/9/2016 - Statements of account and Notices of sums in arrears
6/4/2017 - Request for me to call to discuss amounts owed
9/5/2017 - Outstanding balance and wanting to make a time to discuss amounts owed
24/5/2018 - Outstanding balance and wanting to make a time to discuss amounts owed
19/6/2017 - Offer of payment schedule and direct debit mandate
20/09/2017 - Statement of account
28/02/2018 - Statement of account

[Still Waving]

If the correspondence you set out above is complete and accurate (apart from the date error - 24/5/2018), then I would do nothing at all regarding ASSET LINK CAPITAL. Why contact them when they are not currently chasing you? Let sleeping dogs lie, if you send CCA74 requests you force them to become active.

Your comments regarding the PRA account puzzle me, as you say the CCJ was set aside, yet the Court ordered you to pay instalments. I think more clarity is required here.

[The Tech Clerk]

court order can we see minus person name account number case no etc very confusing posting setaside yet make payments??>>>>>

[sunnyside]

Thanks - I wasn't sure whether to stir things up or not with ALC so I'll let it lie for now. Do these debts really disappear after the 6 (?) years?

Regarding the CCJ - apologies. It wasn't the court that ordered me to pay. It was PRA who I agreed to pay £50 a month to, as basically I freaked when I thought I was going to have a judgement against me.....

[Warwick65]

Hi Sunnyside

With regard to the order paying £50 a month, much will depend on if it was an order sealed by the court and what it said, or if it was an arrangement between you and PRA.

As for the other debts, I would also wonder why poke them if they aren't bothering you- of course if they do start bothering you that is a different matter

[Joanna Connolly]

Thanks Still Waving

OK so the CCJ was set aside because all the documentation had gone to an old address (despite a postal redirect), so I hadn't received any of it and so was unaware the CCJ process had started. The £50 a month was arranged by a court order.

Regarding ASSET LINK CAPITAL, for all three debts I have received exactly the same letters:

21/9/2016 - Statements of account and Notices of sums in arrears
6/4/2017 - Request for me to call to discuss amounts owed
9/5/2017 - Outstanding balance and wanting to make a time to discuss amounts owed
24/5/2018 - Outstanding balance and wanting to make a time to discuss amounts owed
19/6/2017 - Offer of payment schedule and direct debit mandate
20/09/2017 - Statement of account
28/02/2018 - Statement of account

Was the Order a Tomlin Order where you agreed to make monthly payments but there is no county court judgment issued against you?