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Default Legal Claim Submitted - Asset Collections & Investigations Limited

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  • Default Legal Claim Submitted - Asset Collections & Investigations Limited

    Hi there,

    Back in August 2016, i received the following email (which was put into my junk mail luckily saw before i emptied it)

    Final Notice - Please read carefully
    August 24, 2016
    We sent a similar email last week and a letter but we did not receive a response from you. We appreciate that many emails enter our customers ‘Junk or Spam’ folders so we have resent it, as it is important we communicate with you.


    ACI Reference Number :

    Reconnect PIN Number :

    Outstanding Balance : £1360.84

    Client Reference :

    We refer to the fixed sum loan from Lending Stream LLC (Assignor) regulated by the Consumer Credit Act 1974 – the loan agreement and any related guarantee being the Assigned Documents and the Loan from Lending Stream LLC (Assignor) to [Text Removed] (Debtor).

    We have written to you on several occasions advising you that from 21 June 2016 the assignor assigned to Asset Collections & Investigations (Assignee) all its rights, title, interest and benefits in and to the Assigned Documents and the Debt. We advised you that all correspondence, dealings deliveries and payments in respect of the Assigned Documents of the Debt should be made to the Assignee who is Asset Collections & Investigations.

    It is our intention to register a claim with HM Courts & Tribunals Service with a view to gaining a County Court Judgment against you (or if in Scotland a Decree). Please note: in the event of a claim being registered, we are legally entitled to add costs to the outstanding balance.

    As a gesture of goodwill, Asset Collections & Investigations will accept a payment of £952.59 as a full and final settlement offer. Basically, if you pay £952.59, our client will write off the remains of the balance.

    If however, you cannot afford to make a full and final settlement payment, then we would like to offer you the opportunity of paying the full balance by 18 equal monthly instalments of £75.60 providing this is affordable for you.

    Please contact us as a matter of urgency on 01698 907055


    I've received no snail mail letters or anything about this case... i did unsuccessfully i might add however it was still pending for a 2nd stage action to be looked into but nothing ever heard back from the FOS, anyway nothing from then until today where i received this, i did email them back with a

    "
    You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

    I would point out that I have no knowledge of any such debt being owed to Lending Stream LLC "

    Email to which all i got was a reply back with the original credit agreement, however since then... absolutely nothing.


    Asset Collections and Investigations Limited


    Re: County Court Claim

    Cus

    Outstanding Balance: £1,560

    Hi

    We have recently loaded a County Claim against yourself for the above outstanding balance, of which you will shortly receive a Claim Pack with regards to this.

    If you do not respond to the above-mentioned Claim Pack, judgment will be entered by default and in turn you will receive a County Court Judgment . It will be entered on your credit record at the Register of Judgments, Orders and Fines and will remain there for six years. This record can seriously affect your ability to obtain a mortgage, credit card, bank account and even a mobile phone contract in the future.

    To avoid the judgment in its entirety you must pay in full. You can choose to pay the amount in full straight away (plus any interest and court fees shown) and if you do, you do not need to send the forms back and you will not receive the CCJ.

    Please contact our Litigation Department on 0330 808 1585 to make this payment.

    In the meantime, you are encouraged to seek competent legal advice with regards to the above.

    In the meantime, you are encouraged to seek competent legal advice with regards to the above.

    Citizens Advice - https://www.citizensadvice.org.uk/

    If you are unable to pay this amount off in full, we can arrange a repayment plan with you direct although you will still incur the CCJ.

    We look forward to hearing from you.


    Kind Regards,
    The Legal Collections Team
    So what are my next options ? i tried contacting them today but after 3x of being on hold for 25 mins each and a one constant Ed Sheeran song on bloody loop, i gave up.

    I've spent years to clear up my credit file to the point where there are no defaults (just very old one's about to fall off) and CCJ's on my file just for this to land on my report, this will have a devastating impact on getting a Mortgage further down the line and another 6 year set back.
    Tags: None

  • #2
    Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

    Hi
    So has the actual claim pack landed on your doormat?

    They often seem to be posted on Fridays and arrive Saturday morning - doesn't bad post always arrive at the weekend

    One question to ask is , have you moved at all in the past few years?

    https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

    the link is to the FCA register that show some (if not all) of the trading styles of Lending Stream


    If you haven't actually received the claim form there is little you can do just yet

    If you do come back here and to help, write out exactly what the particulars of claim are so it is easier to make suggestions as what to do.

    If you haven't received the claim form by say Tuesday , I would try to get hold of them and find out the claim number so you can check with the court

    Comment


    • #3
      Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

      So i received the claim form from Northampton County Court

      particulars of claim -

      ]Asset Collections & Investigations claim this amount in respect of an unpaid loan funded by the lending stream, The Defendant failed to abide by the terms of the contract, Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

      The Defendant has either failed to respond to the Claimant or maintain a regular payment arrangement, thus denying the Claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable conclusion.

      The Claimant claims interest under section 69 of the country courts Act 1984 at the rate of 8% from 21/06/2016 - 22/09/2017 on £1,360.84 and also interest at the same rate up to date of judgment or earlier payment at a daily rate of £0.30
      Havent moved at all in the last 20 years lol.

      Comment


      • #4
        Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

        When did you take out this loan and when did it default ? ( just with your saying everything had fallen off your credit file but this had just appeared on it ? )

        Also you have a complaint in with the FOS at the moment ? Affordability issues complaint ? May be worth contacting FOS and seeing what's actually happening with this. Was that complaint made before the debt was assigned to Asset ( ie before June 2016 ) ?
        #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


        • #5
          Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

          Loan was taken out in March 2013 with Vivus, defaulted by May 2013 however it never appeared on my credit file as a registered default (i thought it did but checking, it didnt)

          Yeah complaint was with FOS but that has now concluded not in my favor and ruled it was actually okay, it was an Affordability issues complaint that interest was alot but didnt work out well - everything else i fought against, i've won except this one which is a tad strange but such is life.

          As it stands speaking to Assets, i have till the 11th November to pay the whole thing off, i think the claim amount is way too much though, i don't mind giving say £1,000 of that.

          Comment


          • #6
            Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

            Hi

            So now you do actually have a claim, regardless of if you may want to settle at some point you need to follow the process.

            Unless you have acknowledged the claim online you do not have until the 11th Nov , if you do not acknowledge the claim within 19 days of the date on the claim form they will be able to get a default judgement.

            If it were me I would do the following
            1) Acknowledge the claim with intention to defend all- this can be done online and do not be tempted to put anything in the defence box, not even a space
            2) Send a CCA request to Asset collection
            http://legalbeagles.info/library/gui...etter-example/ Include a cheque or postal order for £1
            2) Send a Cpr 31.14 to the solicitors asking for the Notice of assignment and the contract
            3) I think a SAR to Lending stream might be in order but this costs £10


            What i find rather alarming is this
            https://www.vivus.co.uk/

            If this is right and you are 100% sure the loan came from vivus , they might have some real problems as the accounts were sold on a different date to two different companies

            What would be even better is if you could evidence the loan being paid into your bank account from vivus - this would be part of your defence later on

            Are you absolutely sure this was with vivus ?

            Comment


            • #7
              Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

              I would stay off the phone at the moment


              There is something not quite right here that needs some investigation on your part

              Comment


              • #8
                Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

                Thanks for the info + help, seems i was of the understanding this was for a previous Vivus loan but its actually for Zebit - which seemingly no longer exists either which i found from an email in 2014 they just became Lending Stream.

                During my FOS Complaint they already sent me the CCA that i requested when querying the debt in question.

                Was a 2nd £500 loan (first loan was £80, next month i took £500) that i failed to pay back, defaulted, they demanded after charges then turned into £1,000 and now final amount £1500....

                Apparently so i was told, id have including the time to acknowledge the claim, that the latest time to prevent the CCJ would be the 11th November, they tried emailing / ringing me to set up a an arrangement to pay this off before 11th Nov... seems abit weird considering they already put in a court request.

                Comment


                • #9
                  Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

                  Originally posted by warwick65 View Post
                  Hi

                  So now you do actually have a claim, regardless of if you may want to settle at some point you need to follow the process.

                  Unless you have acknowledged the claim online you do not have until the 11th Nov , if you do not acknowledge the claim within 19 days of the date on the claim form they will be able to get a default judgement.

                  If it were me I would do the following
                  1) Acknowledge the claim with intention to defend all- this can be done online and do not be tempted to put anything in the defence box, not even a space
                  2) Send a CCA request to Asset collection
                  http://legalbeagles.info/library/gui...etter-example/ Include a cheque or postal order for £1
                  2) Send a Cpr 31.14 to the solicitors asking for the Notice of assignment and the contract
                  3) I think a SAR to Lending stream might be in order but this costs £10


                  What i find rather alarming is this
                  https://www.vivus.co.uk/

                  If this is right and you are 100% sure the loan came from vivus , they might have some real problems as the accounts were sold on a different date to two different companies

                  What would be even better is if you could evidence the loan being paid into your bank account from vivus - this would be part of your defence later on

                  Are you absolutely sure this was with vivus ?
                  okay so i've now done step one, AOS - should i start doing all the other steps and see what they come up with?
                  Last edited by wilcouk; 5th October 2017, 18:25:PM.

                  Comment


                  • #10
                    Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

                    Yip
                    #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


                    • #11
                      Re: Default Legal Claim Submitted - Asset Collections & Investigations Limited

                      Final Notice - Please read carefully
                      August 24, 2016
                      We sent a similar email last week and a letter but we did not receive a response from you. We appreciate that many emails enter our customers ‘Junk or Spam’ folders so we have resent it, as it is important we communicate with you.


                      ACI Reference Number :

                      Reconnect PIN Number :

                      Outstanding Balance : £1360.84

                      Client Reference :

                      We refer to the fixed sum loan from Lending Stream LLC (Assignor) regulated by the Consumer Credit Act 1974 – the loan agreement and any related guarantee being the Assigned Documents and the Loan from Lending Stream LLC (Assignor) to [Text Removed] (Debtor).

                      We have written to you on several occasions advising you that from 21 June 2016 the assignor assigned to Asset Collections & Investigations (Assignee) all its rights, title, interest and benefits in and to the Assigned Documents and the Debt. We advised you that all correspondence, dealings deliveries and payments in respect of the Assigned Documents of the Debt should be made to the Assignee who is Asset Collections & Investigations.

                      It is our intention to register a claim with HM Courts & Tribunals Service with a view to gaining a County Court Judgment against you (or if in Scotland a Decree). Please note: in the event of a claim being registered, we are legally entitled to add costs to the outstanding balance.

                      As a gesture of goodwill, Asset Collections & Investigations will accept a payment of £952.59 as a full and final settlement offer. Basically, if you pay £952.59, our client will write off the remains of the balance.

                      If however, you cannot afford to make a full and final settlement payment, then we would like to offer you the opportunity of paying the full balance by 18 equal monthly instalments of £75.60 providing this is affordable for you.

                      Please contact us as a matter of urgency on 01698 907055






                      A rather interesting email from Asset collections..

                      So they claim to have legal assignment of the alleged debt, however they say, "That their client will be willing to accept a reduced payment.".

                      I think Asset have a legal problem as to whether they have legal assignment.

                      Comment

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