Asset Collections County Court Claim

[Amethyst]

The only way to completely avoid the CCJ is to either defend the claim and win, or to get the claimant to discontinue / withdraw the claim, or keep it on hold in the court (stay) while you make the payments ( formally via a written agreement/consent order would be better) .... there isn't really reason for a strike out as the address could be amended for the claim to proceed. Otherwise it's just going to be lurking in the background at risk of a dodgy default judgment which would then have to go through a set aside application to sort it out. the address issue doesn't really affect your defence, only that Asset should have brought the claim at the right address (which can be fixed with an amendment ) but could be put in your witness statement later.

You've already agreed a payment plan with Asset - and you've written to TM to tell them there is no judgment and you're dealing with Asset already. If there wasn't the court claim sitting in the system that would be fine, I just think you should, now you know about the claim, get it sorted out so it doesn't surprise you further down the line if Asset put through a bunch of default judgment requests.

You will carry on getting heavy emails from TM Legal, so those complaints about their conduct need making.

[Amethyst]

Angie, have a read of this thread http://legalbeagles.info/forums/foru...tions-tm-legal

[Angie D]

Thank you i will read through it. If i contact the court and get a copy of the claim then i acknowledge it on what grounds would i defend it considering i have already agreed a payment plan to Asset. In truth i do owe the debt . This is what confuses me.

[Amethyst]

Yip I know.

Is the amount they are claiming correct ? Were all your payments applied to the account ? Were there excessive charges/interest? Is the agreement compliant with the consumer credit act ? Payment protection charges, hidden commissions? Did Avant check your affordability ( you've already mentioned making a complaint on that score) ? Did they act correctly when you ceased making payments - send a default notice to give you time to remedy ? Do Asset actually have the right to be claiming the debt from you? Also, you sent a CCA request - this is a legal formal request with consequences for non compliance - they cannot enforce the debt without complying with the request in full.... that is the most basic consumer credit law and one which many fail on because they simply rely on debtors being terrified of the court so don't know what to do when someone defends.

Remember it is likely Asset bought the debt from Avant for something like 14p per £1

That thread should show you a little of what to expect from TM Legal.

[Angie D]

Thank you so much for answering all of my questions.

So, this is what i intend to do tomorrow:

Ask the court for a copy of the claim plus all relevant paperwork and give them the correct address. She did say i could just download form N9 and send it back with a letter. Would this suffice?

Write again to Asset with a copy of my original letter asking for CCA.

Should i send a copy to TM as well? Or leave them out for now?

Send SAR request to Asset or Avant?

Then do i just wait to hear from the court?

[Angie D]

And forgot to ask, should i continue with the payment plan because Asset have already advised it is now cancelled and i am supposed to re instate it with TM

[Angie D]

Hi there

Could I please ask further advice as I seem to be going around in a circle.

I contacted MCOL and asked for a copy of the claim but the person I spoke to informed me that he could not send out another copy.... but would email me the Particulars of Claim. (see attached)

So, I have downloaded some documents online and could you please tell me if I should just submit the Acknowledgement of Service or do I also send back the Defence & Counterclaim form?

Do I send SAR request to Asset or Avant?

Then do i just wait to hear from the court?

And should I keep on with the payment plan to Asset because Asset have already advised it is now cancelled and i am supposed to re instate it with TM

Sorry for all the questions but I think I may get it all wrong.

[Angie D]

Particulars of Claim

[Amethyst]

Well done for getting the Particulars.

I would ignore TM. There is no CCJ in place.

You have a live court claim against you by Asset which needs dealing with before Asset ask for a default judgment. Hopefully they haven't already done so. I wouldn't take their word for anything tbh so I'd deal with the court and take the claim through the process. If you want to settle then you want to do it after you have entered a defence and try to get a consent order in place so the claim remains on hold, without a CCJ, while you make payments.

You've sent the CCA request and they haven't responded.

Therefore I would prepare a defence to get in to the court - starting point here http://legalbeagles.info/library/gui...-court-claims/
with notice of your change of address.

Send a SAR off to Avant now too.

http://legalbeagles.info/library/guides_and_letters/court/subject-access-request/ to get any info which might help later, it will also help when you do your affordability complaint.

[Angie D]

Hi all. So I sent off my acknowledgement to the court, a SAR to Avant and a further request to Asset. I stated on the acknowledgement that i would defend but i had not yet done that as i didnt know if i should wait to hear from the court. So this morning in the post i got a judgement for claimant letter. So does this mean they have got the ccj and my letter has been ignored by the court.? It says i offered to pay and must continue to do so. I am now totally deflated and will probably lose my job....

[Angie D]

Hi again, so i have now picked myself up and not feeling sorry for myself but i am moving into fight mode.

i have summised that when i sent back my acknowledgement to the court then they would of advised Asset that i intended to defend. I am disappointed that the court appear to have ignored my request for time to defend based on the fact i never received a claim.

i assume that Asset then immediatetly requested the default.

This is what I plant to do next:

1) write to Asset and inform them i intend to file for judgement to be set aside. Ask them if they will agree? (Should i explain my reasons or just ask the direct question?

2) apply to the court for a set aside. Explain all the scenario as to why. I can produce an email from Avant that clearly showed a change in my address and would show that i had no chance of receiving mail at the address the court claim went to.

3) hope the judge would set aside so that i can defend properly.

could anyone advise if this sounds like a plan?

[Angie D]

Hi all. Could someone advise what I should say to Asset.

[Amethyst]

Hi all. So I sent off my acknowledgement to the court, a SAR to Avant and a further request to Asset. I stated on the acknowledgement that i would defend but i had not yet done that as i didnt know if i should wait to hear from the court. So this morning in the post i got a judgement for claimant letter. So does this mean they have got the ccj and my letter has been ignored by the court.? It says i offered to pay and must continue to do so. I am now totally deflated and will probably lose my job....

What is the date of the judgment ? Could you post a pic of the judgment ( or type out the wording )

Also could you post a copy of what you sent with the Acknowledgement.

You do have 28 days to pay after the judgment is received to stop if appearing on the register or your credit file.

[Angie D]

Hi again

I have attached copies as follows:

Judgement
Acknowledgement of service
Accompanying letter

I can confirm that Asset received my letter (CPR31.14) on 4/6/18 recorded delivery / Court received my letter on 05/06/18

However, I have just found out that the SAR letter to Avant has not been delivered and on the website it say no longer at this address.

Paying in 28 days is not a option.

[Amethyst]

Okay - nothing wrong with what you sent to court


Have you a link to the Asset page where you made the payment arrangement?

1) There was no agreement in writing. I never even spoke to them I merely logged on to their website and submitted an amount i would pay. I did this because I felt pressurised and was concerned that I would get a CCJ.

I

Asset must have informed the court that you have made an offer to pay - was £30 what you entered on their website ( before you even knew about the claim?)

That is def Judgment by admission and offer rather than a default judgment. You will need to apply to set it aside unfortunately - do you think you would be eligible for fee remission - see the EX160 notes https://www.gov.uk/government/public...-tribunal-fees