ASSET COLLECTION & INVESTIGATION AGENCY LIMITED v FLK

[flk]

Received a claim? Yes/No: YES

Issue Date: 30/01/2018

Have you Acknowledged the Claim?: Yes

Total Amount Claimed: £1621.79

Claimant’s Name: Asset Collections & Investigations Limited

Solicitors Firm: C McGinley

Original Creditor: The Lending Stream

Original Debt (eg. Credit card/Loan/Overdraft) : Loan

Particulars of Claim: Please type out in full excluding names/account numbers:

Asset collections & investigation claim this amount in respect of an unpaid loan funded by The lending stream. The defendant failed to abide by the terms of the contract.

Asset collections & investigation purchased this debt from The Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

The defendant has either failed to respond to the claimant or maintain a regular payment arrangement, thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion.

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 11/08/2017 to 29/01/2018 on the rate up to the date of judgement or earlier payment at a daily rate of £0.32


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No (I think 4/5years unsure of original date)

List any letters you have sent (eg: CCA/ CPR ):
CPR- https://i.imgur.com/UF6jdJz.png (page1 ) https://i.imgur.com/KcbEHZs.png (page2)
CCA - https://i.imgur.com/xoKNU1A.png

Any Other Information or Background Details:

I can’t recall the exact debt, it has been near 4years since original loan i believe and at the time I was in a bad place, where I was using Wonga and Lending stream to make ends meet.
At some point, I got a job abroad and moved - I tried to continue payments but lost track as lending stream stopped communicating with me and around the same time Wonga actually paid me few hundred quid for overpayment etc which was strange.

[Amethyst]

Hi FLK, Welcome to the forum, and thank you for making such a clear first post.

Only point on the letters, the CCA request needs to go to Asset rather than GAIN ( lending stream ) as Asset are the current 'creditor'.... it's okay to send both if you have already sent it to GAIN. And the CPR request should go to the Solicitors firm - C McGinley - is that a firm or an in house Solicitor for Asset ?

Have you read Debt Camel excellent article on making an affordability complaint against Payday lenders? It might help overall if not directly with the court case. ( https://debtcamel.co.uk/payday-loan-refunds/ )

Do you recall how much the original loan with Gain/Lending Stream was ?

Have you heard from Asset before receiving the claim ? Any letter before claim at all ?

Do you have the address for C McGinley ?

[Debt Camel]

yes, I suggest making an affordability complaint to both Lending Stream and Wonga

[flk]

Hi FLK, Welcome to the forum, and thank you for making such a clear first post.

Only point on the letters, the CCA request needs to go to Asset rather than GAIN ( lending stream ) as Asset are the current 'creditor'.... it's okay to send both if you have already sent it to GAIN. And the CPR request should go to the Solicitors firm - C McGinley - is that a firm or an in house Solicitor for Asset ?

I have resent a secondary CCA request to Asset, thanks for highlight that.

From what little I can gather from the court form, C McGinley is in house solicitor hence why I directed the CPR request to Asset ltd

Have you read Debt Camel excellent article on making an affordability complaint against Payday lenders? It might help overall if not directly with the court case. ( https://debtcamel.co.uk/payday-loan-refunds/ )

Thanks for that, will read it and give it a go, it cannot harm my situation to be honest.

Do you recall how much the original loan with Gain/Lending Stream was ?

honestly no, I intend to look through my credit file which will give me some insight as it has been few years since i have resorted to them.

Have you heard from Asset before receiving the claim ? Any letter before claim at all ?

No, but following from other people mentioning they email - i have spent the morning trawling through old email accounts and have found something back in december.

Do you have the address for C McGinley ?

Unfortunately no, my assumption is they are inhouse - any suggestion of how else i might trace the said person?

[Diana M]

From what little I can gather from the court form, C McGinley is in house solicitor hence why I directed the CPR request to Asset ltd

. . . . my assumption is they are inhouse - any suggestion of how else i might trace the said person?

You send/serve documents on the "Address for sending documents" given on the claim form (second box down on the left).

If no name or address is given in that box as different from the Claimant then you send/serve on the Claimant (which you say is Asset Ltd).

Di

[Amethyst]

I can't find a solicitor called C McGinley so presumably its a litigation exec or some such working directly at Asset. Does it say on the form?

What's the rules on pre-action conduct via email Diana M - guessing there might be some kind of consent given to receiving documents by email in the original agreement ( if that's possible? )

[flk]

I have resent a secondary CCA request to Asset, thanks for highlight that.

From what little I can gather from the court form, C McGinley is in house solicitor hence why I directed the CPR request to Asset ltd


Thanks for that, will read it and give it a go, it cannot harm my situation to be honest.


honestly no, I intend to look through my credit file which will give me some insight as it has been few years since i have resorted to them.

No, but following from other people mentioning they email - i have spent the morning trawling through old email accounts and have found something back in december.

Unfortunately no, my assumption is they are inhouse - any suggestion of how else i might trace the said person?

Aah my assumption was right, there was nothing in the 2nd box, so served the claimant. cheers.

[warwick65]

All the PDL's I have seen ( and I have seen a few) consent to electronic communication however that will not over ride rules set down in legislation or the CPR's .

[GBExile]

Asset Collections & Investigations are nothing but a dodgy company that buy cheap debt & umbrella themselves under a legit organisation.

Even the legal people acting on Asset Collections behalf has a share stake in Asset Collections.

Defend yourself but realise they are dodgy as can be. Its a case of one bloke in Scotland decided he want to have a cut of cheap debt.

The below will help you with the legality. BUT dont forget its just a bloke who is trying his luck.

[flk]

Hi,

I have not received a reply to any of my letters and I think my last day to reply to the court order is tomorrow if i calculated it right.

What should I do?

[flk]

Amethyst / warwick65 any templates are I can use as a starter reply? as I am running out of time and they have not replied to me.

On another note, on my credit score (via noddle) it is now showing the debt as settled as of 02/09/2017 which is when it was sold from:/

Historically speaking, it shows I took 21 loans between 01/03/2012 - 13/07/2013 with wonga and lendingstream which in hindsight is both shameful and mind boggling as to how I did not drop the ball.

[flk]

looking up after my post - i saw the link to the template i was looking for. Hopefully I have not made any silly mistakes

Here is my defence:

[Amethyst]

That looks fine, not much else you can say xxx Sorry I missed your earlier posts - glad you managed to figure it out.

have you already put an irresponsible affordability complaint in against wonga and lending stream ? 21 loans / rollovers is definitely excessive whether you managed ( somehow!) to keep on top of most of them or not !