** WON ** asset collection & investigations vs IMNOTPAYINGYOU

[Amethyst]

Round 2??

[Imnotpayingyou]

Round 2??

Hi

I received correspondence 9 months ago about the same debt, I replied with a formal complaint / disputing the debt and they acknowledged the complaint and said they will look into it.

Then in January they emailed me saying we are looking into this and need more time ( email from the complaints manager )

Now I have received a letter saying they will hand this over to TM legal services because they have tried to contact me so many times and never had a reply !! They have not even sent over a final response to my complaint & dispute yet.

The funny thing is in the original complaint, I told them they are trying to collect a debt which is in dispute and this is illegal and they completely stopped contact with me after that.

[Amethyst]

They don't get a second chance, so all you need to do is tell them they have already claimed through court, their case was struck out after you defended the case, and that's the end of that. A second claim would be considered an abuse of process unless there were substantially different facts. They should have appealed or applied to set aside the judgment at the time.

[Imnotpayingyou]

They don't get a second chance, so all you need to do is tell them they have already claimed through court, their case was struck out after you defended the case, and that's the end of that. A second claim would be considered an abuse of process unless there were substantially different facts. They should have appealed or applied to set aside the judgment at the time.

Wow, Thanks Amethyst

I thought I would have to go through that whole process again,

Do you think I should wait until TM legal contact me or shall i email the complaints manager now to have a paper trail ?
I guess this is just scare tactics to get me to pay

[Amethyst]

You don't owe the debt, you've never had the credit agreement sent you as far as I recall, and they've already had a claim on the same issues struck out… So yes they're just trying to intimidate you into paying. What did their last letter say?Personally yes I'd wait until you hear from TM legal… As TM legal should be aware that they've already litigated on the case. They might never have told Asset that they cocked up the case.

[Imnotpayingyou]

You don't owe the debt, you've never had the credit agreement sent you as far as I recall, and they've already had a claim on the same issues struck out… So yes they're just trying to intimidate you into paying. What did their last letter say?Personally yes I'd wait until you hear from TM legal… As TM legal should be aware that they've already litigated on the case. They might never have told Asset that they cocked up the case.

It was actually asset who took me to court and they lost the case ! This is the first time I have heard of TM legal

The latest letter received said this we have been trying to contact you but had no response to date.Our goal is to resolve this matter with you, however as we have not heard from you we are now in the process of instructing a third party company, TM legal services to commence legal proceedings against you. Your account is now under review for legal instruction and as such, we encourage you to take action now.

[GBExile]

If you think they might try it on again then I suggest to cease all contact.
My ex is still getting emails for the case she won 2 to 3 years ago.
Ignore them.

Oh & dont tell me.................... The new claim amount is £1 more than the original claim amount.

[Imnotpayingyou]

If you think they might try it on again then I suggest to cease all contact.
My ex is still getting emails for the case she won 2 to 3 years ago.
Ignore them.

Oh & dont tell me.................... The new claim amount is £1 more than the original claim amount.

Hi, the new claim amount is actually exactly the same amount as original !

I will ignore Asset for now, but if they pass it onto a 3rd party I will inform the 3rd party that this case has already been struck out in court and that there is a on going formal complaint for harassment with asset

I wonder if I will ever get a final response for my complaint from asset !

[GBExile]

Hi, the new claim amount is actually exactly the same amount as original !

I will ignore Asset for now, but if they pass it onto a 3rd party I will inform the 3rd party that this case has already been struck out in court and that there is a on going formal complaint for harassment with asset

I wonder if I will ever get a final response for my complaint from asset !

Seriously, the Financial Ombudsman Service WILL take their side. Trust me. Just leave it alone unless you get a letter from the court.

[Amethyst]

TM & Asset are intrinsically linked. Your last claim must have been just prior to TM running their cases for them. Wait and see if TM do get in touch - but be aware TM can send some pretty misleading and intimidating emails - so if you receive anything don't panic and just come post back on here. Might draft a letter just in case you want to get rid now rather than in a few months time.

[GBExile]

AMETHYST - You must be a bit careful because I complained to the FSO about Asset Collections behaviour in continuing to chase a debt that was stuck out in court.
The FSO decided they are within their rights to continue to harrass about the debt regardless of what happened in court. Obviously the Court would/could/might have a different view if they launched civil action again after being struck out but the FSO will do nothing.

So its a whole world of wasted time poking the wasps nest when you will get no help from the FSO at all.

[Imnotpayingyou]

AMETHYST - You must be a bit careful because I complained to the FSO about Asset Collections behaviour in continuing to chase a debt that was stuck out in court.
The FSO decided they are within their rights to continue to harrass about the debt regardless of what happened in court. Obviously the Court would/could/might have a different view if they launched civil action again after being struck out but the FSO will do nothing.

So its a whole world of wasted time poking the wasps nest when you will get no help from the FSO at all.

I do want to get rid of them now !

My complaint is more along the lines of that the debt is in dispute and they are still trying to collect it, which I think is not allowed.

I would rather get rid of them now rather then later Amethyst

[Amethyst]

Something along these lines?


Dear Asset / TM etc

Your Reference: xxxxxxxxxxxxx

You have recently been in communication with me regarding an alleged debt of £xxxx with the above reference.

On checking my records I am now somewhat concerned. I am not sure if you are aware that this alleged debt was taken to the small claims court by yourselves back in December 2017. The claim was struck out at a hearing (following my defence of the claim) on the order of District Judge Fawcet sitting at Birmingham County Court on the 26th July 2018. I enclose a copy of the order dated 27th July 2018 for your reference. You did not appeal the judgment nor apply for any relief from sanctions.

I am sure you will be aware that a new claim cannot be brought on the same cause of action and before doing so you must establish, on the balance of probabilities, that the new claim is not an abuse of the court’s process and thereby liable for strike out under CPR 3.4. There has been no documentation provided to me since the original claim was struck out and it appears you are relying on substantially the same facts.

Therefore I expect you to update your records accordingly and I do not expect to hear from yourselves, or TM Legal, any further, once you have confirmed to me, in writing, that the matter is now closed.


Kind regards


xxxxxxxxxxxx

[Imnotpayingyou]

Something along these lines?


Dear Asset / TM etc

Your Reference: xxxxxxxxxxxxx

You have recently been in communication with me regarding an alleged debt of £xxxx with the above reference.

On checking my records I am now somewhat concerned. I am not sure if you are aware that this alleged debt was taken to the small claims court by yourselves back in December 2017. The claim was struck out at a hearing (following my defence of the claim) on the order of District Judge Fawcet sitting at Birmingham County Court on the 26th July 2018. I enclose a copy of the order dated 27th July 2018 for your reference. You did not appeal the judgment nor apply for any relief from sanctions.

I am sure you will be aware that a new claim cannot be brought on the same cause of action and before doing so you must establish, on the balance of probabilities, that the new claim is not an abuse of the court’s process and thereby liable for strike out under CPR 3.4. There has been no documentation provided to me since the original claim was struck out and it appears you are relying on substantially the same facts.

Therefore I expect you to update your records accordingly and I do not expect to hear from yourselves, or TM Legal, any further, once you have confirmed to me, in writing, that the matter is now closed.


Kind regards


xxxxxxxxxxxx

Thanks, I will send this email off to them and let you know when I hear back from them

[Amethyst]

I assume you mean the FOS ? Only reason to put a complaint in to FOS in this kind of case would be so their ( and TM's) behaviour gets flagged with the FCA and SRA (if TM get involved) who would of course be copied in …. re the debt/claim its best just to deal with them via the court if they are daft enough to go there. The ''debt'' is only £350 and they already paid one lot of court and hearing fees, another lot of those, and costs claimed for the abuse of process application we'd make, would make it ridiculous for them to continue. Of course you can just ignore them, but sometimes that just leaves a weight on your shoulders and you just want to draw a line under it so you can go back to not panicing when the phone rings or letters drop on the mat. I'd be happy to ignore unless it's a formal pre-action letter myself, it's personal choice.