Piggybank

[Joanna Connolly Solicitors]

13th March- Letter before claim received from AJJB Law. I have standard 30 day to reply so about the 11th April.

My suggestion is send a s77 CCA Request to the Debt Collection Agent named in the Letter of Claim.

I would send a copy of that CCA Request to the law firm (AJJB Law) who have sent you the Letter of Claim to make them aware of the situation.

Depending on what, if anything, you receive from the Agent or AJJB Law you can reply to the Letter of Claim before 11th April. I expect you will tick Box D to dispute the debt unless they produce a compliant credit agreement.

Di

[Joanna Connolly Solicitors]

Hi Di, no the only history regarding this debt is this post. I will send the LBC to you to cast you eye over.

Thank you for the update - I've received your email with the Letter of Claim

Di

[scottygees]

If you've received a Letter of Claim you can email it to me for suggestions on how to manage the situation.

Is the history of this debt on your Diary?

Di

Hi Di, no the only history regarding this debt is this post. I will send the LBC to you to cast you eye over.

Thanks

[Joanna Connolly Solicitors]

13th March- Letter before claim received from AJJB Law. I have standard 30 day to reply so about the 11th April.

If you've received a Letter of Claim you can email it to me for suggestions on how to manage the situation.

Is the history of this debt on your Diary?

Di

[scottygees]

13th March- Letter before claim received from AJJB Law. I have standard 30 day to reply so about the 11th April.

[Joanna Connolly Solicitors]

logged into my Piggybank account and on there it states the account is now been passed to a third party namely ACI if that makes any difference. I haven’t received anything to confirm this I.e letter of assignment.

ACI is a Debt Collection Agency so this debt has not been assigned (i.e. sold) to them > https://assetcollections.uk/about

A DCA cannot issue legal proceedings against you since they are not the debt owner.

Wait until ACI contact you then post on this thread where i expect you'll be told to ignore them by forum members.

As you've said Piggybank did go into administration last year possibly due to the enormous number of complaints made against them for irresponsible lending (I'm sorry the FOS didn't see it that way at the first stage of your Complaint to them) >

https://www.theguardian.com/business...administration

I wouldn't lose any sleep over this one but keep posting on your thread as events unfold.

Di

[scottygees]

Just to say I have just logged into my Piggybank account and on there it states the account is now been passed to a third party namely ACI if that makes any difference. I haven’t received anything to confirm this I.e letter of assignment.

[scottygees]

How much is the current outstanding balance?

When did you make your complaint of Irresponsible Lending?

Was the FOS decision made by an Adjudicator or did you escalate/appeal the decision to an Ombudsman?

Di

Hi Di

Current balance £400
original irresponsible letter sent to Piggybank in june 2017
the FOS decision was made by the adjudicator on 21st May 2018. This wasn’t escalated any further

[Joanna Connolly Solicitors]

this was a £200 payday loan that was taken out back in May 2017. I have previously complained about irresponsible lending but this came to nothing and when I wrote to the FOS they upheld Piggybanks decision. I have had a lot of standard letters in between but these are suddenly becoming a little more threatening. I note that Piggybank are now in administration like Wonga were and am wondering if there is anything further I can do at this stage I.e. make a further claim against Piggybank for irresponsible lending like I did to Wonga.

How much is the current outstanding balance?

When did you make your complaint of Irresponsible Lending?

Was the FOS decision made by an Adjudicator or did you escalate/appeal the decision to an Ombudsman?

Di

[scottygees]

So a further email has been received fromCRS stating their client (PiggyBank) has authorised them to progress this to their solicitor to commence legal action. Based upon the information I have provided to this thread what course of action can I take to stop them in their tracks. Many thanks

[Warwick65]

Sadly I think I may be wrong about it needing to be by post

https://www.legislation.gov.uk/uksi/.../made/data.pdf

But that will only apply if electronic communication is allowed for in the agreement and arguably if you have told them it must be by post then it should be. I remember back in the day, I told some creditors all communication must be in writing by Royal Mail which would kind of ruin further electronic communications. They are all long since statute barred.

[Warwick65]

Schedule 2 in the link I gave above pretty much spells it out

[scottygees]

Well I am not the expert but I see the following errors in that DN

1) It does not include their name and address and your name and address
2) It does not explicitly state which clause your broke (just a clause) - although I bet a judge might well ignore that
3) The remedy date should be a real date not just 'within 14 days' and also it should allow 14 days from the DN being served and not sent.
4) It states you need to remedy it by the date shown but I can't see the date shown
5) As I have said before, it should be sent by post

Some of this is in S88 CCA
Some is here http://www.legislation.gov.uk/uksi/1983/1561/made

I know the bit about post is in a SI somewhere but I can't find it at the moment

Never-In-Doubt Can you help

Thanks for the information. Just out of curiosity is there a copy of what a correctly executed default notice should look like anywhere on this site?

[Warwick65]

Well I am not the expert but I see the following errors in that DN

1) It does not include their name and address and your name and address
2) It does not explicitly state which clause your broke (just a clause) - although I bet a judge might well ignore that
3) The remedy date should be a real date not just 'within 14 days' and also it should allow 14 days from the DN being served and not sent.
4) It states you need to remedy it by the date shown but I can't see the date shown
5) As I have said before, it should be sent by post

Some of this is in S88 CCA
Some is here http://www.legislation.gov.uk/uksi/1983/1561/made

I know the bit about post is in a SI somewhere but I can't find it at the moment

Never-In-Doubt Can you help

[scottygees]