Asset collections and investigations Claim Struck out

[Amethyst]

Re: Asset collections and investigations Claim Struck out

It doesn't sound like they are aware the claim has been struck out so I wouldn't worry about the letters - they seem to be their standard letters to intimidate people who are less savvy with court proceedings into settling.

You could tell them eg. ' As you are aware your claim no xxxxxxxxxxxxxxx has been struck out by the order of District Judge xxxxxxxxxxxxxxxx on xxxxxxxxxxxxx 2017. ' Though I wouldn't send them a copy, don't want to be too helpful....

or

you could ignore them.

It depends where you want to go from here, do you want to get it all marked off as settled and closed completely by maybe making a lower settlement offer? ( that offer doesn't sound that great so at least half it but I'm not sure what the original debt amount was ) Does this still show on your credit file as defaulted ? would getting your file marked up as Partially settled be of use? - it is really up to you and what your goal is - the claim has been struck out - so you could just leave things and see if they try coming back, either by asking for relief from sanctions ( maybe claiming they didn't receive the order for WS and hearing fees ) or by selling it on to another DCA and letting them have a go.

[jon34]

Re: Asset collections and investigations Claim Struck out

The claim was around the £300 mark.

TBH If they resurect the claim i am mindful to go on to the hearing stage. I belive I have a solid defence to their claim based on two Limbs.

1) Assignment Issues

2) Defective default Notice.

I am totaly convinced the they do not have legal Assignment based on the N.O.As they have sent pre action and also this from their web site portal in the below atatchment.

If you read the atatchment it says All Monies collected are passed back to our client ie your creditor. If thats the case then surely they can not be the legal owners

[Amethyst]

Re: Asset collections and investigations Claim Struck out

Just saw this post ...

I received 3 notice of assignments each with different dates and one of those pre dated the original credit agreement by 2 years.

... sounds like you'd have decent arguments there.

Haven't seen your default notice so no idea on whether it is defective.

As it is only £300 ( bit of a cheek offering settlement at £274 - that's basically just letting you off court fees lol ) it is unlikely they'll bother trying again IMO.

Up to you if you want to go back to their emails reminding/informing them their claim has been struck out or just ignore them.

[jon34]

Re: Asset collections and investigations Claim Struck out

Thanks once again. will be joining the Vip section later this week.

Never recevied the original default notice only obtained a copy through Pre action conduct request. and quite a dubious one at that.

will keep you all posted on developments

[jon34]

Re: Asset collections and investigations Claim Struck out

Just saw this post ...
... sounds like you'd have decent arguments there.

Haven't seen your default notice so no idea on whether it is defective.

As it is only £300 ( bit of a cheek offering settlement at £274 - that's basically just letting you off court fees lol ) it is unlikely they'll bother trying again IMO.

Up to you if you want to go back to their emails reminding/informing them their claim has been struck out or just ignore them.

yes one N.O.A is dated 2011. Asset collection did not exist until 2016 according to companies house