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BurgessFan

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  1. Hi Andy sorry to chase as I know your time is valuable mate .. not that im nervous or anything
  2. I will need the dates you initially sent CCA/CPR request to the first claim and any responses. CCA & CPR letter received by claimant 28/11/2016 ( POD kept) Claim Number - as you say we will add later Date of the first claim. Nov 2016 ( exact date to be added) Date it was struck out ..which court and DJ name.(copy of the Order would be useful) 10/04/2017 ( court and judge to be added later, I still have original )
  3. none, my defence ( rightly or wrongly) was "prove it" they didn't answer my CPR letter Didn't supply judge the requested info before the first hearing Didn't attend the first hearing Didn't send to Judge after the 1st hearing so they struck it out
  4. Hi Andy different case. That was Uncle B/ 1st stop. in 2015 .. I had a bad time of it. Asset Collections took me to Small Claims post this ( with the PoCs I mentioned earlier) apologies for any confusion
  5. Only differences in their POCs in blue below 1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream. The defendant failed to abide by the terms of the contract. Asset Collections & investigation purchased the debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise. 2.The Defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion. 3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/06/2016 to xx/11/2016 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.46. what I will add is that the amount claimed is approx £400 more, presumably additional interest between the last case & this one
  6. Hi Andy will confirm tonight / tomorrow am but Have you kept copies of the original claim ? I believe so, will check paperwork . I tend to keep everything Are the particulars the same ? Will post them here when found Have you kept a copy of the General order striking the claim out ? yes electronic and original papercopy Regards
  7. Name of the Claimant ?Asset Collections and Investigation Date of issue – 07/07/2017 Date to acknowledge) = 25/07/2017 date to submit defence = 08th of August 2017 What is the claim for – 1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream. The defendant failed to abide by the terms of the contract. Asset Collections & investigation purchased the debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise. 2.The Defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion. 3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year form 24/06/2016 to 06/07/2017 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.49. What is the value of the claim? Approx £2000 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday loan(s) When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Unable to afford What was the date of your last payment? April 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  8. Sorry DX, I did say Id start "high level" In April 2017 Asset Collections took me to small claims for a PDL account. NO reply to my CPR 31.14 request no reply to the judges order to supply documentation in support of their claim ( CCAs, DNs etc) No attendance in court. During the hearing the judge gave both notice that she would allow the DCA an additional 2 weeks to supply paperwork None received so case struck yesterday I received court papers from TM Legal on behalf of Asset Collections after the same sum from the same PDL. No material change in PoCs Happy to supply any other information you may find relevant
  9. Hi guys will start this " high level" but appreciate we may need to delve into the lower level detail too.. In April 2017 a case I was a defendant for was "struck" as an order placed by the judge upon the defendant was not complied with. Through the post last night I get a new county court for the same account, same claimant but different "solicitor" to send " payments/ documentation though to. Is this REALLY allowed? and if so in what cases? Just strikes me as odd Thanks
  10. Full mail ( redacted names / amounts) Dear XXXX, Agreement Number – XXXX Outstanding Balance – £XXXX As you are aware, we are now managing the above County Court Judgment. We are now looking to continue with further enforcement action. If you receive a County Court Judgment and do not keep to the terms set out, we can ask the court to enforce the County Court Judgment. There are several ways we can enforce the County Court Judgment: Bailiff action Attachment of earnings Charging order Bailiff Action We can apply to county court for a bailiff to collect the County Court Judgment. If the court grants permission, it will issue a Warrant of Execution. This gives the bailiff the power to visit your home or business to collect the money you owe, or to seize goods that could be sold to repay the County Court Judgment. You can ask the court to suspend the Warrant and let you pay back the money at an affordable rate. Attachment of Earnings An Attachment of Earnings Order asks for the money owed to be deducted by your employer from your wages. Charging Order If you own a property (either with a mortgage or outright) we can ask for a Charging Order to be secured on it. To avoid the above course of action(s), we are willing to accept a one of settlement on your account of £xxx.xx which needs to be paid on or before the xx xxxx 2017. Once this amount has been paid we will inform the courts to this effect and get the County Court Judgment marked as satisfied on your credit report. If you are unable to pay the settlement, we are willing to accept your full balance of £xxx.xx to be paid over 12 monthly instalments (£xx.xx each month) with your first payment being paid on or before xx xxxxx2017. Alternatively, if you are unable to do either, we invite you to put forward your payment proposal. Please contact us by no later than close of business (6:00pm) on the xx xxxxx 2017 on 01253 523460 (Option 2) to set up a payment arrangement on your account. Yours Sincerely, TM Legal Services Unit 16, Thompson Road Blackpool, Lancashire FY4 5PN 01253 523460 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender immediately. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Our company accepts no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. WARNING: Computer viruses can be transmitted via email. The recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email. You should be aware that TM Legal Services Limited reserves the right and intends to intercept and monitor incoming and outgoing e-mail correspondence. You should not therefore expect any e-mail communications to be private in nature. Calls may be recorded for training and monitoring purposes. TM Legal Services, registered in England & Wales. Company Number 10214118. Registered with the ICO under registration number ZA212742. Registered Office: Unit 16, White Hills Business Park, Thompson Road, Blackpool, Lancashire FY4 5PN.
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