** WON ** asset collection & investigations vs IMNOTPAYINGYOU

[Amethyst]

Ughhh, wish they'd sort things out. I'm sure people end up with all sorts of problems because they just aren't equipped to answer their phones. I know it feels a bit pointless, but it really is best to be certain everything is in order.

[Imnotpayingyou]

Ughhh, wish they'd sort things out. I'm sure people end up with all sorts of problems because they just aren't equipped to answer their phones. I know it feels a bit pointless, but it really is best to be certain everything is in order.

Yes , finally got through and they confirmed the DQ has been sent as a response to my defence.

He actually said you might have not received it yet and gave ohhh when I told him it was here !

I will start filling it out i guess and go on to the next step

Thanks

[Amethyst]

Blimey, well I've never seen one that quick....was best to check though

Yip fill it in, send original copy back to the court and send a copy of it to the Claimants solicitors.

[Imnotpayingyou]

Hi ,

I still have not had any paperwork through from the claimant so am sending off the copy to ASset and the Original to the court today .

Thanks for all your help Amethyst

[Amethyst]

Have you got details of this C McGinley ? - I can't find out anything about them...

[Imnotpayingyou]

Have you got details of this C McGinley ? - I can't find out anything about them...

Hi ,

Sorry I think that is just the persons name. On the actual paperwork the same address is given to use as Asset collection & Investigation.

[Imnotpayingyou]

Amethyst

Hello

I have update , I received a letter few days ago saying

The claimant , you have been sent a notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the Directions questionnaire with the CCBC by the date specified in the notice.

IT IS ORDERED THAT

The claimant must file the Directions questionnaire with the CCBC on or before 7 days from the service of this order with CCBC via post or email. If the claimant does not comply with this order their claim will automatically be struck out without further order of the court.

Well tomorrow will be the last day for them to submit it. I think this is good news right !

Thanks for your help Amethyst

[Amethyst]

I think it might be Check with the court Friday ..... fingers crossed. ( although bear in mind if the case is struck out at that point they MIGHT apply for relief from sanctions / vary the order etc - normally they say due to being a big organisation blah blah unorganised twerps )

[Imnotpayingyou]

Hi , so today I received a letter saying this claim had been transferred to county court in Birmingham for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges will be sent in a notice of allocation.

I have not heard anything or received any letters for 2 months but got this letter out the blue.

Does this mean I am going to court now ?

[GBExile]

Does this mean I am going to court now ?

Not necessarily.

When you get a letter from the court saying that the hearing will take place on the whatever time & date @ whatever court & Asset Collections must pay a hearing fee of £115 by a certain date & then Asset Collections pay it... Then you are likely to be going to court. In that same letter it will say that you have to submit witness statements to the court & to the claimant by a certain date & the claimant has to also submit a witness statement to you & the court.

However, Asset Collections still might not turn up to court or cancel proceedings BUT that means they just chucked an extra £115 down the drain for nothing if they do pay the money by the date required.

The problem is that if they do pay that money by the time due & you lose in court.... Then that is another £115 on top of the money already claimed you have to pay.

Have you had all the documents you have previously requested? What has the Financial Ombudsman Service said about your complaint?

[warwick65]

If you need help dealing with TM Legal please make a thread on the forum -> MAKE NEW THREAD

Hi , so today I received a letter saying this claim had been transferred to county court in Birmingham for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges will be sent in a notice of allocation.

I have not heard anything or received any letters for 2 months but got this letter out the blue.

Does this mean I am going to court now ?

As already said it means nothing is set in stone.

Once the claim is allocated to a track- almost certainly the small claims track you will be sent an order saying when they have to pay the fee and also when witness statements need to be exchanged. There have been several cases on here recently where people have not read all the letter and therefore not sent a witness statement.

The WS is your chance to flesh out the defence and include exhibits so if for example you sent a CCA request which has been ignored this is the place to put the letter, proof of delivery etc ( I personally would include them regardless)

The court fee is I think less than already stated and is £55 because the claim is lower in value (400 ish isn't it?)

Did you attempt mediation?

Have they sent you documents ?

[GBExile]

The court fee is I think less than already stated and is £55 because the claim is lower in value (400 ish isn't it?)

Thank you for pointing that out. I could be wrong with the court hearing fee. I just went off of the last hearing fee that was applied to me. Which was £115 for a £1250 debt.

Why the court hearing fee should be any different from £200 to £2000 is beyond me. Its the same court time & costs regardless of the amount claimed?

[warwick65]

Why the court hearing fee should be any different from £200 to £2000 is beyond me. Its the same court time & costs regardless of the amount claimed?

hearing fees are scaled up , I think its under 300 , 301-999, 1000 - and so on

I suppose the point is to make it more affordable to use the courts for lower amounts in case you lose.

It did make me think though- someone recently said they had been hit with costs in the small claim track but it was statutory minimum - I wonder now if it was the hearing fee so not really what I would call costs . When I was awarded costs , it was the costs of the solicitor, my travel etc.

[Imnotpayingyou]

GBExile warwick65 Hi I have not had any Documents back at all from assets collection I asked for and have also not even received the directions questionnaire they was supposed to fill in. I did request mediation when i filed in the questionnaire, could the judge make this go back to mediation because the court or asset have not contacted me about mediation ?

If i do end up with a court date do I have to turn up to the court or will my evidence and Witness Statement be enough, I have never been to a court before

[Amethyst]

It sounds like the other side have filed their directions questionnaire just failed to serve a copy on you. Normally takes a couple of weeks from it being sent to your local court to them sending directions and a hearing date. That letter will contain info on when to exchange witness statements and pay hearing fee. There's a way to go yet before the hearing

there was a hearing last week for someone with a claim from asset - asset didn't file or serve witness statements or turn up at the hearing ( despite having paid the hearing fee ) and the defendant won and got £70 of costs awarded against asset similar amount claim for a similar type loan. It's a case of wait and see, but assume they will pay hearing fee, just don't panic if they do.

You haven't had any letters/ emails from Tm legal while this claims been ongoing have you ? ( just wondering as we're doing a complaint re asset & Tm )