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*** SETTLED ** Court Claim - Asset Collections / Lending stream - 8-9-2017

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  • #31
    Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

    That is a brilliant idea DC. Age UK recommend it to the elderly ( and I think its free for certain groups of people) but for mental health issues it is equally applicable and a good safety net for £20.

    And indeed Lini, a Tomlin order is an option although it does depend on them accepting an offer of payment, so I would wait and see if they provide documents, and if not wait until you have filed your defence and see if they respond to the court to say they wish to proceed first. A Tomlin is a kind of consent order which basically means the case stays on hold at the court while you make payments, so there's no CCJ given, but they can go back and ask for a judgment if you default on the agreement.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #32
      Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

      Thanks for this information ... that's so useful..I've never heard of either thing! This is a good idea because when you're manic, sometimes you see and realise that you are and so work hard tocntrol the impulses and urges to do ridiculous things but sometimes occasionally you cannot see your own behaviour at all.. and it's only afterwards when you realise what you've done. I will definitely look into it thanks so much

      will look up the Tomlin order. I wrote a letter to lending stream today asking them to refund the interest ... hopefully if any comes back.. (the Debts relating to this ccj were £1100, the interest is the same on top taking the claim up to 2300) so fingers crossed I have some success there at some point. That will help with the repayments.


      thankyou so much

      - - - Updated - - -

      So just so I understand the process....now I have sent a note that I'm defending the claim... if they respond with the documents what's the next step? Given I only have a couple of weeks (I just typed we instead of I... feels like I'm taking you down with me) x

      Comment


      • #33
        Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

        Just don't write to the claimants, or ring them... we have a process to follow for the court claim now okay xxx

        Next step is writing the defence. If they respond with documents within the next couple weeks then we check them over and see if you still have a defence. If not then we try negotiate with them an installment plan under a Tomlin order. If they don't send the documents then we put the defence in on that basis and see if they respond to the court to say they want to continue ( they have 28 days to do that after they get your defence ).

        And we is fine btw,, you're not on your own xxxxxx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #34
          Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

          Okay... apart from sending the complaint letter I've done nothing. I received an email tonight saying that they had received my complaint and will respond hopefully by tomorrow but if not in five days... if I hear back I'll let you know but I'll keep Schtum x

          Comment


          • #35
            Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

            Originally posted by Lini View Post
            Email sent today - it's long so understand if you don't read it... it's just so you know what I've done in case I've compromised my defence already


            To whom it may concern

            I just wanted to contact you regarding my account, to advise you that I am going to make an official complaint to the ombudsman and wanted to give you the opportunity to respond before I do so.

            On 11th August I received a county court judgement claim on behalf of yourselves, Asset collections and investigations for a debt you have purchased from Lending Stream.
            This was the first communication that I had received from you and was understandably confused about this aggressive course of action.

            I immediately searched my emails to find an email from lending stream to be reminded of our last communications and found an email from you in my JUNK folder saying that you would like to make some payment arrangements with the offer of a reduced settlement agreement.
            The reason that I searched for this communication with lending stream for information on our last email exchange was because the Lending Stream were well aware that I had been suffering from a severe mental health disorder and was on various psychiatric medications and under the care of a psychiatrist for bi polar.
            I had taken considerable time off of work and had exceeded my company pay and that along with my being really ill meant that I had fallen severely into arrears with all creditors including my priority debts.

            When my details were sold to you, I believe that you should have been informed that I was considered a vulnerable customer according to FCA definition, and therefore should have been dealt with in an understanding and sensitive manner.

            The ONLY contact that I received from you was received into my junk folder and not seen until after the claim arrived.
            The claim states that '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'
            I dispute the particulars of this claim as I actually believe it was me, the defendant, who has been denied any opportunity in assisting the claimant in bringing the matter to an amicable conclusion

            I do not believe you have made reasonable attempts to make an arrangement with me, furthermore, I believe that you are aware that there is an issue with regards to your contact emails being filtered into customers junk items, as other customers have also had the same complaints, some even receiving mail from you advising that they some people have an issue with your companies emails being received straight into their junk items.
            In this case I believe you have at the very least a moral obligation to ensure that before you pursue court action against an individual you should attempt to make all reasonable attempt to contact the defendant, which should include by post (in order to increase the likelihood that the defendant actually receives the contact).

            I emailed you by return on the same day of receiving the county court claim and the email in my junk items twice, in order to resolve this matter 'amicably' and to date have received no response

            I will also be making a complaint against lending stream on the basis that they should have informed the purchaser of the debt that the customer is vulnerable as a result of a mental disability in order to allow you the knowledge to act in a less aggressive and short sighted manner (i.e. A window of ten days in which to respond before court action occurred) if not to act with compassion.

            I will be sending a copy of this letter both to yourselves and Lending Stream by recorded delivery as well as copies of the other contact that I have attempted to make with you, and will use the points made above as the basis of my escalated complaint to the ombudsman

            In order to rectify the situation I would ask you to withdraw the court claim and negotiate an affordable amount of monthly repayments with me directly in order to reach the amicable conclusion which you state you have attempted to seek

            Can your clarify who you sent (and copied) that email to.

            A complaint to the FOS may not halt legal proceedings. They rarely step in once a claim has been issued.

            It's not possible to say whether your letter/email
            (copied to the Claimant?) has compromised your Defence.

            The letter/email you've posted does appear at first sight to have admitted the claim and proposes an offer of settlement.

            Was it headed Without Prejudice?

            Di

            Comment


            • #36
              Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

              Originally posted by Diana M View Post
              Can your clarify who you sent (and copied) that email to.

              A complaint to the FOS may not halt legal proceedings. They rarely step in once a claim has been issued.

              It's not possible to say whether your letter/email
              (copied to the Claimant?) has compromised your Defence.

              The letter/email you've posted does appear at first sight to have admitted the claim and proposes an offer of settlement.

              Was it headed Without Prejudice?

              Di
              It wasn't... I'm negotiating with lending stream about the amounts to try to get the interest removed especially for these two loans. I'm sure I've done loads of things wrong : ( had loads of help from lots of different people before I found this site... lawyers debt advisors cab - everyone gave me different information ...became a bit too much. The lawyers advice was to send a copy of my complaint by recorded delivery to show the judge that I had made every attempt to contact them as soon as I was aware they had contacted me.

              also re the ombudsman... can they not look at a creditors treatment of a customer even if the ccj has been issued?

              Comment


              • #37
                Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

                Originally posted by Lini View Post
                It wasn't... I'm negotiating with lending stream about the amounts to try to get the interest removed especially for these two loans. I'm sure I've done loads of things wrong : ( had loads of help from lots of different people before I found this site... lawyers debt advisors cab - everyone gave me different information ...became a bit too much. The lawyers advice was to send a copy of my complaint by recorded delivery to show the judge that I had made every attempt to contact them as soon as I was aware they had contacted me?
                Lending Stream is not the Claimant (unless I've misunderstood) and they (Lending Stream) appear to have assigned the debt to Asset Collections (the Claimant in these legal proceedings) so I'm not sure how they (Lending Stream) can adjust the debt now that it has been sold.

                Di

                Comment


                • #38
                  Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

                  Lini has made a complaint to Lending Stream per http://legalbeagles.info/forums/show...l=1#post752668. A bit Like reclaiming PPI from original lender even though debt is long since dealt with/sold on/ ccj'd
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #39
                    Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                    Originally posted by Amethyst View Post
                    That is a brilliant idea DC. Age UK recommend it to the elderly ( and I think its free for certain groups of people) but for mental health issues it is equally applicable and a good safety net for £20.

                    And indeed Lini, a Tomlin order is an option although it does depend on them accepting an offer of payment, so I would wait and see if they provide documents, and if not wait until you have filed your defence and see if they respond to the court to say they wish to proceed first. A Tomlin is a kind of consent order which basically means the case stays on hold at the court while you make payments, so there's no CCJ given, but they can go back and ask for a judgment if you default on the agreement.
                    When a Tomlin order is made / proposed ensure that the payments that you agree to are affordable. If it goes to court the some DJ's will take a very dim view of defaults of these orders.
                    All I'm saying is be cautious.

                    Comment


                    • #40
                      Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                      Understood, thankyou x

                      Comment


                      • #41
                        Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

                        Originally posted by Diana M View Post
                        Lending Stream is not the Claimant (unless I've misunderstood) and they (Lending Stream) appear to have assigned the debt to Asset Collections (the Claimant in these legal proceedings) so I'm not sure how they (Lending Stream) can adjust the debt now that it has been sold.

                        Di
                        it was the collections company to whom I sent the complaint about the only contact that I had from the collectors was one email into my junk items I complained to the original creditor about the way they handled my account x

                        Comment


                        • #42
                          Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

                          Originally posted by Lini View Post
                          I'm negotiating with lending stream about the amounts to try to get the interest removed especially for these two loans. I'm sure I've done loads of things wrong : ( had loads of help from lots of different people before I found this site... lawyers debt advisors cab - everyone gave me different information ...became a bit too much. The lawyers advice was to send a copy of my complaint by recorded delivery to show the judge that I had made every attempt to contact them as soon as I was aware they had contacted me.
                          I doubt you've done anything wrong, you've just been getting conflicting advice

                          I really hope that the original creditor (Lending Stream) refunds you anything that may be due to you, but at the moment you have a court claim for £X and that amount needs to be defended.

                          You've made a complaint to the Claimant which appears to say that they failed to attempt to settle/negotiate with you before issuing proceedings.

                          I not sure why a lawyer told you to send a copy of your complaint letter to the judge especially if that conflicts with other legal arguments you may decide to plead. Hopefully this won't go all the way to court (maybe you can settle at Mediation?) but it may not be wise to send a copy of that complaint to the court if it gives the impression that you admit the debt but want to argue the amount sought is too high etc.

                          There's always hope that the Claimant may Discontinue but that's best done after you file a Defence because that makes it harder (if not almost impossible) for them to re-issue the claim at a later date. Keep your eye on the court timetable (so you don't get a CCJ) and hold your breath for a positive response from the Claimant.

                          I hope this goes well for you.

                          Di

                          Comment


                          • #43
                            Re: Court Claim - Asset Collections & investigations Ltd / Lending stream - 8-9-2017

                            Originally posted by Diana M View Post
                            I doubt you've done anything wrong, you've just been getting conflicting advice

                            I really hope that the original creditor (Lending Stream) refunds you anything that may be due to you, but at the moment you have a court claim for £X and that amount needs to be defended.

                            You've made a complaint to the Claimant which appears to say that they failed to attempt to settle/negotiate with you before issuing proceedings.

                            I not sure why a lawyer told you to send a copy of your complaint letter to the judge especially if that conflicts with other legal arguments you may decide to plead. Hopefully this won't go all the way to court (maybe you can settle at Mediation?) but it may not be wise to send a copy of that complaint to the court if it gives the impression that you admit the debt but want to argue the amount sought is too high etc.

                            There's always hope that the Claimant may Discontinue but that's best done after you file a Defence because that makes it harder (if not almost impossible) for them to re-issue the claim at a later date. Keep your eye on the court timetable (so you don't get a CCJ) and hold your breath for a positive response from the Claimant.

                            I hope this goes well for you.

                            Di
                            hi sorry for the misunderstanding Di, the lawyer suggested that if I had sent them emails of complaint saying that they hadn't given me sufficient opportunity to respond, that I should also send a letter to them recorded delivery and take evidence to court with me to show the judge that I had tried to reach out to them to sort the issue and that they were unresponsive. She said how can I complain that they haven't given me sufficient opportunity to resolve by sending me one email if I then don't give them fair opportunity to respond too,,, and In order to show that they were not willing to sort the situation amicably as they claimed in their particulars ...hope that makes sense sorry for any confusion x

                            Comment


                            • #44
                              Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                              Hi all. I've received nothing back from Asset Collections so far with regards to the documentation which I requested. I received an acknowledgment of my complaint with a response that they would investigate my complaint that I don't believe they have given me an opportunity to arrange repayment of the debt, and respond in 5 days failing that 8 weeks.. so far so rubbish. That was 9 days ago.
                              I huess ive got about a week to put together a defence - which I suppose I should start doing now - hope you are still able to help x

                              how am I supposed to know the time and date and where I would be expected to attend for the judgement?

                              Thanks so much xx

                              Comment


                              • #45
                                Re: Court Claim - Asset Collections / Lending stream - 8-9-2017

                                Originally posted by Amethyst View Post
                                Thank you Debt Camel xxx

                                Lini - that is a really good description of how bi-polar can affect you - I rather admire how you're dealing with things

                                That said - Lending Stream should not have been lending in that way and they know it. I'd certainly have a think about what Debt Camel has said.

                                That lending stream continue to mailshot you shows just how blasé they are about what they do.

                                Your priority with this one at court now is not to get a CCJ - so we'll keep that forefront of mind when dealing with the court proceedings Remember the claimant knows nothing about you and, tbh, cares only about their spreadsheets. So treat them impassionately back.

                                We've made a decent start dealing with it so let's see what comes back from your letters ( if anything ) and go from there xxx

                                Dear Amethyst I hope you are happy and well x
                                getting close to the day of reckoning and I'm starting to worry because I've no idea what to do next. Can you please help to advise what I should do next? No response to emails or letters and I'm not sure where I go to court or what time or where or if I've got his totally wrong? I'm off work sick again after a brief dip in health again, so would really appreciate your help if you are able to give it xx

                                Comment

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