Court Claim - Asset Collection / LS - 16-10-2017

[DOS]

Received a claim? Yes
Issue Date: 16-10-2017
Amount approx: 550
Claimant: Asset Collection
Solicitor: c.mcginley
Original Credit: LS

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Yes I owe the debt, but I have not received any letter oremail from asset collection or notice of assignment, letter of offer and finalnotice to settlements. I received the claim from Northampton court and I haveresponded to defend all.
Today I received 2 emails from asset collections.

1) Outstanding Balance: £550(Includes Court Fees &Interest)

We are writing inrelation to our previous correspondence which stated County Court action hasbeen initiated against you.

To prevent furtherenforcement action, we ask that you contact the office on 033 to discusssetting up a repayment plan.

We look forward tohearing from you.

2)£550 (Includes Court Fees & Interest)

Dear,

As you are now awarelegal action has commenced against the above outstanding account.

We can offer you £ asfull and final settlement. Therefore, if you pay this amount by close ofbusiness on 03rd November 2017, we will write off the remaining balance, stopfurther court proceedings and update the courts.

If you pay theaforementioned settlement figure within the timescales provided, a County CourtJudgment will NOT be registered against you.

Alternatively, we canagree to £ over 12 monthly instalments at £ per month. Although, the CountyCourt Judgment would still be entered into, but we will cease enforcement ofyour County Court Judgment as long as the payment arrangement above is adheredto.

In order to arrangeeither of the options above, we ask that you contact the Litigation Departmenton 0330as soon as possible.

We look forward tohearing from you.

I have already prepared the CPR and the CCA but do needadvise as to what I should do? I do not need a CCJ and would be willing to havea payment plan but the manner they have fast tract it made me to doubt theirintention. Can someone please advice me on this whether I should follow theprocedure by sending the CPR and CCA?

[warwick65]

Re: Court Claim - Asset Collection / LS - 16-10-2017

I would follow the process at the moment
1) Acknowledge
2) Send off CCA request
3) Send off CPR request asking for what they mention in the particulars of claim
4) If appropriate send a part 18 further info request
5) Think about sending a SAR to LS



What is the point in admitting to a debt and paying by instalments when they are going to register a CCJ. There will be lots of opportunities at a later date to settle if necessary

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Many thanks. I will send CCA and CPR today. when should I send part 18 and SAR to LS?

- - - Updated - - -

who should I send Par 18 to?

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

I think Asset collections have jumped the gun here. They should be following the New Pre Action Protocols from the 1st October. 2017.

They should have sent out a pre action form to fill in and giving you upto 30 days to respond.

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Many thanks. I will send CCA and CPR today. when should I send part 18 and SAR to LS?

- - - Updated - - -

who should I send Par 18 to?

Have a look at the claim form, is the box below the claimant blank or does it have the name of the solicitor in it

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

it has a name of Mcginley

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Is that that name in the box where it says Address for sending documents and payments (if Different) or at the bottom of the claim form ?

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

this is at the bottom where it says " the claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement"
signed c. McGinley
claimant no signature

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

this is at the bottom where it says " the claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement"
signed c. McGinley
claimant no signature

So, On the top left you have the name and address of the claimant. below this is another box (Address for sending documents) If this box is blank then you send both CPR request and CCA request to the Claimant.

Include £1 for the CCA request But ensure you write on the cheque/postal order " For statutory purpose only" And send by recorded signed for. If you can afford to send seperately Then there is no avoidance of doubt whether they have received them.

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Many thanks. I will do as stated and will come back for any update. is it wrong if I include both CPR and CCA in one post. and also making reference of the CCA letter in the CPR as stated in the template.
"For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/2017"

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Nothing wrong with posting in the same envelope seeing that they are going to the same place, i assume its still po box 1333 Blackpool. I just do it differently. Avoids they playing games claiming that they received the CCA But not the CPR.

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Just had a re read through the posts. Just that we are clear the CPR request you will send will be CPR 31:14. Is that correct.

[DOS]

Re: Court Claim - Asset Collection / LS - 16-10-2017

yes. but at the last para is stated that as well for the CCA which also has its own letter

[jon34]

Re: Court Claim - Asset Collection / LS - 16-10-2017

Ok. let us know how you get on