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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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Joe C

Asset collections / TM Legal services Default judgement

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Posted (edited)

Hello all,

I am dealing with TM legal services on behalf of my wife and am after some advice.

In Feb of 2017 a claim was made against my wife at Leicester county court by asset collections for an old lending stream debt. I defended this by admitting to the original loan but disputing the astronomical fees and charges.

The judge ordered the balance of the claim be struck out.

My wife has just started a new job and has had to undergo background checks. To our horror it showed up that she has a CCJ in the name of asset collections issued by Northampton county court business centre in June of 2018 that we knew nothing about.

On getting the details from Northampton court it is for the same debt that had previously been struck out and Asset collections had got this default judgement by serving the papers to an address we had moved from 3 years earlier despite having served the paperwork the first time at our current address.

My wife is about to lose her new job over this, does anyone know where we stand?

Thank you

 

Edited by Joe C

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Hiya Joe & Welcome aboard - I have moved your thread to the FLI Forum. (Financial Legal Issues) 

Please post here going forward. I am shocked  to see what TM Legal have done... 

Do you have proof that they served the Claim Form on the correct address 1st time round.

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Hi thanks for the quick response, the only correspondence I have is where asset collections have done the claim via email with Leicester crown court and the paperwork confirming the case and strike out from the court which was all sent to our current address.

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Sadly yes, she started on Monday 18th Feb and had to leave on Friday 22nd as they told her no permanent offer of employment would be made due to the CCJ.

They have given her a little time to try and get it resolved but that time is running out.

TM legal and Asset collections are an absolute nightmare to deal with.

It got as far as TM saying they would have it set aside by consent and would send the form to her to sign by close of play last Friday but they never did. I'm not sure if that's the correct process anyway?

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You will have immediate lead to begin applying for a set-aside. I'm afraid this will cost you some money – but if the circumstances are right then you will be able to claim it back. You will need to use a form N244.

Also, send asset collections an SAR immediately. This is essential because you need to find out exactly what has been going on and how much information they have got on you. It may well be that they have treated you unfairly within the meaning of BCOBS or COBS.

Begin the set-aside procedure immediately, and inform the employers that this is what you have done and also show them the strikeout from the previous action.


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Thanks Bankfodder, I will begin the set aside process straight away.

We have shown the employer the strike out judgement but that doesn't appear to be enough for them. They seem to want the CCJ removed immediately which I know is impossible.

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Also, please can you tell us more about the original debt.

Please can you fill this out <<<<

 

who are the original creditors?

 

 


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1 minute ago, fkofilee said:

I concur with BankFodder... This is foul play... 

Nothing you could have done to stop it.. But I would say that they should be made to cough up significantly... 

Get the fact that your wife has been let go in writing... 

 

I will do thanks, she has been to hell and back. The humiliation of having to pack her bags and leave the office with everyone watching.

I wouldn't mind but she was only changing jobs because we have relocated and her previous position she held for 21 years with impeccable service.

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1 minute ago, BankFodder said:

Also, please can you tell us more about the original debt.

Please can you fill this out <<<<

It wont let me click on the link, I will try and post a screen shot.

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Start keeping a detailed log of everything that has happened – who said what to who and also all of the inconvenience and distress you have been put to. Also, keep a close account of any losses or expenses which have been incurred as a result of this.


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8 minutes ago, Joe C said:

It wont let me click on the link, I will try and post a screen shot.

Sorry, my fault. Gremlins with the new forum upgrade.

You can now see the links and you should fill this out <<<<<


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From: Nathan Southern [mailto:nsouthern@assetcollections.co.uk] 
Sent: 06 February 2017 15:58
To: 'hearings@leicester.countycourt.gsi.gov.uk' <hearings@leicester.countycourt.gsi.gov.uk>
Subject: Ref: 

Dear Sir / Madam,

I am writing in regards to Defendant Mrs. Xxxxxxxxx relating to above claim number. Please find below the details of how the outstanding balance £1,414.98.

The original amount funded was £450.00 on 13/08/2013, due to be paid back in 6 instalments totalling an amount of £990.00.

Due to the loan not being paid back in time the outstanding balance at the time the account was sold onto Asset Collections & Investigations was £1,308.83.

The account fell into arrears on 30thAugust 2013 as the first payment was not paid in full therefore the Defendant has incurred default charges since that date, incurring £322.00 in interest since the account initially defaulted to the date it was then sold to ourselves.

As court action started on the account we then claimed County Court interest at 0.29 pence a day, commencing from 21st June 2016 plus the Court Fee of £70.00, which brings the balance of £1,414.98.

If you require any further information, please do not hesitate to contact myself.

Kind Regards,

Nathan Southern


Asset Collections & Investigations Limited 
Unit 49 Grovewood Business Centre, Strathclyde Business Park
Bellshill
ML4 3NQ

 

20190304_201758.jpg

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Below is the 2nd claim lodged a year later at our old address

 

Good Morning
 
Thank you for your recent correspondence.
 
Please see your case details below as requested.
 
Claimant: ASSET COLLECTIONS & INVESTIGATIONS LIMITED
Reference: 
 
Particulars of claim: THE CLAIMANT CLAIMS THIS AMOUNT IN RESPECT OFAN UNPAID LOAN, REGULATED BY THE CONSUMER CREDIT ACT 1974. THE LOAN WAS FUNDED BY THE LENDING STREAM. THE DEFENDANT HAS FAILED TO MAKE PAYMENTS IN ACCORDANCE WITH THE TERMS OFTHE CREDIT AGREEMENT. THE CREDIT AGREEMENT WAS ASSIGNED TO THE CLAIMANT, UPON WHICH A NOTICE OF ASSIGNMENT WAS SENT TO THE DEFENDANT. THE DEFENDANT HASEITHER FAILED TO RESPOND TO THE CLAIMANT OR HAS FAILED TO MAINTAIN REGULAR PAYMENTS. THECLAIMANT ISSUED A LETTER OF CLAIM, PROVIDING THE DEFENDANT WITH A FURTHER OPPORTUNITY TO ARRANGE REPAYMENT OF THE OUTSTANDING BALANCE,TO NO AVAIL.THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 20/06/2016 TO 30/05/2018 ON £1,296.61 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENT AT A DAILY RATE OF £0.29.  

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Will do thanks

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Do the email I have posted suffice?

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No


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I'll have to complete that tomorrow when I have all the paperwork in front of me.

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Yeah no problem thanks.

The answers will be different for both claims though, the first claim we received info pre claim, the second one nothing.

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go RING TM legal tomorrow

have the two case numbers ready.

they might just remove the CCJ immediately at no cost to her with such strong proof

we've seen this happen before.


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Have tried that, they are absolutely useless.

Not remotely interested in being helpful.

The stress they are causing is unbelievable

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