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Update following further reading of the guidance found on this website:
Received a claim? Yes/No: Yes
Issue Date: 12 nov 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £800
Claimant’s Name: Asset Collections and Investments Ltd
Solicitors Firm: TM Legal Services Ltd
Original Creditor: Uncle Buck Finance LLP
Original Debt (eg. Credit card/Loan/Overdraft): short term 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 Uncle Buck Finance LLP, trading as Uncle Buck. 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 has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange a repayment of the outstanding balance, to no avail.
The Claimant claims interest under section 69 of the County Courts Act 1984 at te rate of 8% a year from 30/05/2018 to 09/11/2018 on £700.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.13.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): debt is less than 6 years old (2015)
List any letters you have sent (eg: CCA/ CPR ): CCA and nw CPR requesting notice of assignment as well as CCA
Any Other Information or Background Details:
I have a large number of debts from around this period of time. I had lost a parent suddenly in the previous year, managed to find myself a gambling addiction (had only ever entered the lottery prior to this) and got myself into a large amount of debt to fund this. I ended up off work on sick leave for around six months, prescribed anti-depressants, attended counselling and CBT. Due to the sheer number of debts/letters and different DCAs who have been writing to me I find it hard to identify who I should be paying what to.
Origianl post:
I received a claim form (from Northampton) with an issue date of 12 November 2018 on behalf of Asset Collections & Investigations Ltd regarding a debt with Uncle Buck Finance apparently dating back to 07/08/2015 and am seeking a bit of help defending it.
I did receive a letter of claim but neglected to take action on it so, unfortunately, received the claim form. I have now acknowledged the claim online advising that I intend to defend all of the claim.
I immediately sent TM Legal the standard CCA request letter from National Debt Line with the required fee:
"Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added. I understand that under the Consumer Credit Act 1974 (sections 77*79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account"
I also emailed TM Legal to notify them of my intention to do so and attached a copy of the above letter.
They have acknowledged this by email stating that they "have requested your original credit agreement, and this can take up to 7 days for the document to be received. Your account will be on hold until then" on 15 November 2018. I haven't received any further documentation as of yet.
I notice from other posts that people have been recommended to request other documents too, would you advise that I do the same?
Does it matter that I haven't requested this paperwork before the court papers were served?
I am curious to know what the potential outcomes can be for me? If they provide proof that I owe the debt then I will need to make an arrangement to repay, I understand that much. What is the impact if they don't provide the CCA or any other requested documentation before the end of my 28 day time limit?
Thank you in advance for you help.
Update following further reading of the guidance found on this website:
Received a claim? Yes/No: Yes
Issue Date: 12 nov 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £800
Claimant’s Name: Asset Collections and Investments Ltd
Solicitors Firm: TM Legal Services Ltd
Original Creditor: Uncle Buck Finance LLP
Original Debt (eg. Credit card/Loan/Overdraft): short term 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 Uncle Buck Finance LLP, trading as Uncle Buck. 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 has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange a repayment of the outstanding balance, to no avail.
The Claimant claims interest under section 69 of the County Courts Act 1984 at te rate of 8% a year from 30/05/2018 to 09/11/2018 on £700.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.13.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): debt is less than 6 years old (2015)
List any letters you have sent (eg: CCA/ CPR ): CCA and nw CPR requesting notice of assignment as well as CCA
Any Other Information or Background Details:
I have a large number of debts from around this period of time. I had lost a parent suddenly in the previous year, managed to find myself a gambling addiction (had only ever entered the lottery prior to this) and got myself into a large amount of debt to fund this. I ended up off work on sick leave for around six months, prescribed anti-depressants, attended counselling and CBT. Due to the sheer number of debts/letters and different DCAs who have been writing to me I find it hard to identify who I should be paying what to.
Origianl post:
I received a claim form (from Northampton) with an issue date of 12 November 2018 on behalf of Asset Collections & Investigations Ltd regarding a debt with Uncle Buck Finance apparently dating back to 07/08/2015 and am seeking a bit of help defending it.
I did receive a letter of claim but neglected to take action on it so, unfortunately, received the claim form. I have now acknowledged the claim online advising that I intend to defend all of the claim.
I immediately sent TM Legal the standard CCA request letter from National Debt Line with the required fee:
"Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added. I understand that under the Consumer Credit Act 1974 (sections 77*79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account"
I also emailed TM Legal to notify them of my intention to do so and attached a copy of the above letter.
They have acknowledged this by email stating that they "have requested your original credit agreement, and this can take up to 7 days for the document to be received. Your account will be on hold until then" on 15 November 2018. I haven't received any further documentation as of yet.
I notice from other posts that people have been recommended to request other documents too, would you advise that I do the same?
Does it matter that I haven't requested this paperwork before the court papers were served?
I am curious to know what the potential outcomes can be for me? If they provide proof that I owe the debt then I will need to make an arrangement to repay, I understand that much. What is the impact if they don't provide the CCA or any other requested documentation before the end of my 28 day time limit?
Thank you in advance for you help.
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