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MarcusTaylor vs Asset Collections & Investigation

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  • MarcusTaylor vs Asset Collections & Investigation

    Received a claim? Yes/No: YES
    Issue Date: 14th June 2018
    Have you Acknowledged the Claim?: Yes June 19th 2018
    Total Amount Claimed: £5000 approx
    Claimant’s Name: Asset Collections & Investigation
    Solicitors Firm: None specified on claim
    Original Creditor: AvantCredit of UK, LLC
    Original Debt (eg. Credit card/Loan/Overdraft) : Loan

    Particulars of Claim:
    The claimant claims this amount in respect of an unpaid loan, regulated by The Consumer Credit Act 1974. The loan was funded by AvantCredit of UK, LLC. The defendant has failed to make payments in accordance with the terms of the credit agreement.

    The credit agreement was assigned to the claimant, upon which a notice of assignment was sent to the defendant. The defendant has either failed to respond to the claimant or has failed to maintain regular payments. The claimant 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 69 of the county courts act 1984 at the rate of 8% a year from 06/07/2017 to 13/06/2018 on £4642.63 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.04


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

    List any letters you have sent (eg: CCA/ CPR ) – SAR CCA CPR sent

    Any Other Information or Background Details: I have had zero contact with Asset Collections & Investigation or any other 3rd party but I have had a loan with AvantCredit in the past 6 years. This is the first Ive heard of ACI. I’m actually moving house on the 29th June so I’m a bit worried about losing information “in the post” – so I have included my new address on the SAR CCA CPR letters.
    Tags: None

  • #2
    Just a quick question, I have followed the guide on what to do when a claim is received but I haven't sent any money out with my documents Ive sent, due to GDPR rules that came into effect? Is this OK?

    Comment


    • #3
      Originally posted by MarcusTaylor View Post
      Just a quick question, I have followed the guide on what to do when a claim is received but I haven't sent any money out with my documents Ive sent, due to GDPR rules that came into effect? Is this OK?
      Hopefully so?! Thanks in advance!

      Comment


      • #4
        The CCA request still requires a £1 - it's only the SAR that has changed from £10 to £0 due to GDPR.

        Reading rest now xxx
        #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
          Okay it sounds like you are on top of things, when you move make sure you set up forwarding on your mail and when you file your defence inform the court of your new address.

          If you haven't already then send a further SAR direct to AvantCredit.

          Do you recall how much you originally borrowed and onon what terms ?
          #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


          • #6
            Thanks, will get the redirect in place. I actually don't recall, hence asking for the information as to what has actually happened. Is there something specific that I'm looking for in the terms? I will get the CCA resent just to cover that £1 charge off.

            Comment


            • #7
              I haven't heard anything back from Asset yet. I know I need to do my defence but just wanted to check when I need to submit it by - is it 28 days from the point I acknowledge service?

              Comment


              • #8
                Good job you checked .... it's 28 from service - 33 from issue date ( 5 days for posting ) so v soon
                #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


                • #9
                  Hi, so now I have been sent a directions questionnaire. Im thinking about the mediation and just making a small offer to just continue the process regardless if they accept. Is this worth doing or is there a better way to proceed

                  Comment


                  • #10
                    Entirely up to you, you can say yes to mediation in the directions questionnaire and then when the court ask if you have documents and information to mediate say no. Have they provided any documents at all as yet ?
                    #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

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



                    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                    NOTE: If you receive a court claim note these dates in your calendar ...
                    Acknowledge Claim - within 14 days from Service

                    Defend Claim - within 28 days from Service (IF you acknowledged in time)

                    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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