Buried my head now I have a claim

[adot88]

Thanks echat11, they did respond at the time and basically stated that my complaint with them was not upheld and that they will give me 90 days breathing space. They gave me the 90 days but did not contact me till around nov 2021 via generic email asking me to get in touch. I do have copies in my email which I can screenshot and attach to them. In all honesty I haven’t been to to talk to a specialist about any of this just because of how hard it has been to talk about it. However I have spoken to a doctor about it today and will be speaking to another later on to come with some treatment. I’m going to draft a response and send it on here first to see if there
is anything that can be added

you mentioned something about the FCA but couldn’t see anything in the response?

[echat11]

[QUOTE=adot88;n1666392]Thanks echat11, they did respond at the time and basically stated that my complaint with them was not upheld and that they will give me 90 days breathing space. They gave me the 90 days but did not contact me till around nov 2021 via generic email asking me to get in touch. I do have copies in my email which I can screenshot and attach to them. In all honesty I haven’t been to to talk to a specialist about any of this just because of how hard it has been to talk about it. However I have spoken to a doctor about it today and will be speaking to another later on to come with some treatment. I’m going to draft a response and send it on here first to see if there
is anything that can be added

you mentioned something about the FCA but couldn’t see anything in the response? [/QUOTE


a) they did respond at the time and basically stated that my complaint with them was not upheld and that they will give me 90 days breathing space. They gave me the 90 days but did not contact me till around nov 2021 via generic email asking me to get in touch.

What they should do is follow protocols once you inform them of your health issues. You can quote the following -

https://www.handbook.fca.org.uk/handbook/CONC/7/10.html

Explain that with health issues were difficult, but they didn't help you, they didn't contact you until

b) I do have copies in my email which I can screenshot and attach to them.

Do that.

c) In all honesty I haven’t been to to talk to a specialist about any of this just because of how hard it has been to talk about it. However I have spoken to a doctor about it today and will be speaking to another later on to come with some treatment.

See if the doctors can write a letter to say you've now sought treatment, maybe send / email that to them

d) I’m going to draft a response and send it on here first to see if there is anything that can be added

o.k.

e) you mentioned something about the FCA but couldn’t see anything in the response?

Link posted above.

[adot88]

echat11 ive posted my draft a few times but it doesn’t seem to be getting added. I’ll try post it as a separate reply. Let me know what you think and what I can improve, I’ve also noticed Overdales has not Cc’ed in the courts so I’ll do that as well

[adot88]

It looks like it may be due to a character limit, it didn’t let me send it via private message either. I’ll split it into two post. Sorry for the hassle echat11

[adot88]

Hello,

Thank you for getting back to me and confirming that my Witness statement was received. I have sent multiple emails and hope that they were picked up and actioned as accordingly.

Unfortunately, I cannot accept the offer for settlement you have provided due to the simple facts of affordability, the claimants failure to comply to my reasonable needs and the claimants failure of having the Notice of Assignment served correctly.

To begin, the monthly payable amount of the purposed Tomlin order will financially ruin me as I simply do not have that amount left over spare at the end of the month. In order for a settlement to be achieved, the original purposed amount of £5 will need to be accepted.

To ensure transparency is met, please see attached my income/expenditure form.

Secondly, the email I sent dated February 2021 was an email I had sent to multiple debt collection agencies/creditors who were sending me emails. This was sent with the help of my partner (who has no bearing in this) due to the constant anxiety/panic attacks I was having receiving these emails.

Please see attached screenshots of the emails sent to multiple debt collection agencies/creditors, For my own Data Protection, I have redacted the relevant details.

The email clearly outlined my circumstances i.e having a baby on the way, the strain on my marriage, the loss of income due to the pandemic, my fragile mental health situation and requested that this matter be dealt with via email to ensure that I can respond after dealing with my anxiety about the matter and working commitments.

The claimant provided a 90 day breathing space but then failed to comply with FCA CONC 7.10 and treated me unfairly by bombarding me generic emails/letters/calls that asked ME to contact them. Even though it was specifically stated that I be contacted ONLY by email. To reiterate this point, the claimant had sent an email with the subject “what happens when I call you”, which further exasperated my anxiety and leading to an impending feeling of doom due to my fragile mental state, rendering me incapable of dealing with the matter at hand. The claimant failed to follow protocol and reasonable requests.

Screenshots of the above email have been attached.

[adot88]

You have consistently mentioned the claimant has sent 36 emails in your email previously sent and Witness statement but failed to mention the nature of the email. These emails did not contain any “attempts to engage in settlement negotiations” nor did they follow my request, again going against FCA CONC 7.10. As above, they were generic emails that asked ME to contact the claimant when to quote my email sent in February 2021, I had asked the following :

“I would really appreciate if someone could take my circumstances into account and help me talk through my options before things spiral out of control even more.

As it stands my mental health is being affected by this and also putting a strain on my marriage. I realise as the days go on my credit file is declining hence causing me even more stress as it makes me anxious about my future and the future of my family.

I want to correct these issue but I would really appreciate the guidance and support from yourselves.

If possible can we please discuss what the best options would be for me through email as I have a job which requires me to be away from my phone till late in the evening.”

The above shows my willingness to resolve the matter at hand as long as my reasonable request can be followed as a vulnerable person. However, the claimant simply failed to acknowledge this and continued to act against regulations as set out by the FCA.

Had the claimant sent an email to talk through my options and let me know what they were first (not a generic email in nature asking me to contact the claimant but an actual person outlining my options) this matter would have been resolved.

At this point, I have not physically seen any Notice of Assignment served by the claimant nor have I seen one served correctly till this date. The claimant has a legal responsibility to ensure that Notice of Assignment was served correctly. The Claimant failed to do its due diligence and serve the Assignment to the appropriate address as per the records of the Assignor (NewDay limited).

[adot88]

As per my witness statement and the evidence provided by myself and Overdales/ the Claimaint, it is clearly seen that my address was not 292 xxxxx at the time notice was served. The Claimant failing to the serve the Notice of Assignment appropriately as per the requirement of the law renders all collection activity outside the scope of law and thus makes the debt itself unenforceable.

Due to my deteriorating mental state, especially now that this has progressed the way it has due to the failures of the claimant. I have seeked progressional help and have now been referred to talking therapy and recommended Anti-anxiety medication. I am now just waiting on a follow up with my GP to speak about this.

[adot88]

echat11 really sorry about this, 80,81,82 are all my email
to be sent, LB doesn’t seem to like the last part of email and is posting it blank, it’s just a conclusion summarising the failure of lowel and asking that either a discontinuation be considered or the Tomlin order of £5

Thank you in advance for reading this somewhat wordy reply.

[echat11]

Red = added

Hello,

Thank you for getting back to me and confirming that my Witness statement was received. I have sent multiple emails in the hope that they would be picked up and actioned accordingly.

Unfortunately, I cannot accept the offer for settlement you have provided due to the simple facts of affordability, the Claimant's failure to comply to my reasonable request and the Claimant's failure to serve the Notice of Assignment correctly.

To begin, the monthly payable amount of the purposed Tomlin order will devastate my fiances as I simply do not have that amount left over to spare at the end of the month. In order for a settlement to be achieved, the original purposed amount of £5 will need to be accepted.

To ensure transparency is met, please see attached my income/expenditure form which I will also provide to the Court at the conclusion of the Hearing.

Secondly, the email I sent dated February 2021 was an email I had sent to multiple debt collection agencies/creditors who were sending me emails. This was sent with the help of my partner (who has no bearing in this) due to the constant anxiety/panic attacks I was having receiving these emails.

Please see attached screenshots of the emails sent to multiple debt collection agencies/creditors, For my own Data Protection, I have redacted the relevant details.

The email clearly outlined my circumstances i.e having a baby on the way, the strain on my marriage, the loss of income due to the pandemic, my fragile mental health situation and requested that this matter be dealt with via email to ensure that I can respond after dealing with my anxiety about the matter and working commitments.

The Claimant provided a 90 day breathing space but then failed to comply with FCA Sourcebook, CONC 7.10. The Claimant treated me 'unfairly' by bombarding me with generic emails/letters/calls that asked ME to contact them. Even though it was specifically stated that I be contacted ONLY by email. To reiterate this point, the Claimant had sent an email with the subject “what happens when I call you”, which further exasperated my anxiety and leading to an impending feeling of doom due to my fragile mental state, rendering me incapable of dealing with the matter at hand. The claimant failed to follow protocol and reasonable requests.

Screenshots of the above email have been attached.

[echat11]

Bit in Green doesn't make sense.

You have consistently mentioned the Claimant has sent 36 emails in your email previously sent and Witness statement but failed to mention the nature of the email. These emails did not contain any “attempts to engage in settlement negotiations” nor did they follow my request, again going against FCA Sourcebook, CONC 7.10. As above, they were generic emails that asked ME to contact the Claimant when to quote my email sent in February 2021, I had asked the following :

“I would really appreciate if someone could take my circumstances into account and help me talk through my options before things spiral out of control even more.

As it stands my mental health is being affected by this and also putting a strain on my marriage. I realise as the days go on my credit file is declining hence causing me even more stress as it makes me anxious about my future and the future of my family.

I want to correct these issue but I would really appreciate the guidance and support from yourselves.

If possible can we please discuss what the best options would be for me through email as I have a job which requires me to be away from my phone till late in the evening.”

The above shows my willingness to resolve the matter at hand as long as my reasonable request can be followed as a vulnerable person. However, the Claimant simply failed to acknowledge this and continued to act against principles as set out by the FCA.

Had the Claimant sent an email to talk through my options and let me know what they were first (not a generic email in nature asking me to contact the Claimant but an actual person outlining my options) this matter would have been resolved.

At this point, I have not physically seen any Notice of Assignment served by the Claimant nor have I seen one served correctly till this date. The Claimant has a legal responsibility to ensure that Notice of Assignment was served correctly. The Claimant failed to do its due diligence and serve the Assignment to the appropriate address as per the records of the Assignor (NewDay Limited).

[echat11]

Red=added

As per my witness statement and the evidence provided by myself and Overdales/ the Claimaint, it is clearly seen that my address was not 292 xxxxx at the time notice was served. The Claimant failing to the serve the Notice of Assignment appropriately as per the requirement of the law renders all collection activity outside the scope of law and thus makes the debt itself 'unenforceable'.

Due to my deteriorating mental state, especially now that this has progressed the way it has due to the failures of the Claimant. I have sought professional help and have now been referred to talking therapy and recommended Anti-anxiety medication. I am now just waiting on a follow up with my GP to speak about this.

[adot88]

echat11 thank you for the amendments, I’ve changed the green bit to make more sense and will be getting this sent off today along side with all the evidence.

should I make a print out of all this and drop it to the courts as well: the emails, evidence etc?

[echat11]

echat11 thank you for the amendments, I’ve changed the green bit to make more sense and will be getting this sent off today along side with all the evidence.

should I make a print out of all this and drop it to the courts as well: the emails, evidence etc?

Make sure you mark these letters you send / email 'Without Prejudice'.

Don't send them to the Court.

These letters can't be used in the Hearing, but you can show the Court after the Hearing that you tried to settle the matter by offering a monthly payment.

[adot88]

echat11 also I have been given my doctors notes following my consultations and also been provided a “fit note” which basically just advises work of my consultation and diagnosis at the end. I’ll be giving these over to Overdales today as well but was just wondering if I should be removing my NHS number I was going to originally but then thought it might be best not to?

[adot88]

echat11 oh okay, thanks, I’ll add that to the subject of my email so that they can see.