Payday loan CCA

[scottygees]

Hi Scottygees

What was the nature of the correspondene sent to MIL? Was it addressed to MIL or your wife?

A creditor can use reasonable means to trace a debtor, but all depends on the exact content as to whether they have breached any data protection laws. Even if they have, I'd suggest you are better saving your energy for other battles.

There is an argument for whether they have carried out responsible lending, but again depends on the criteria entered into the time.

Personally I'd just ignore all contact with them, and wait and see what the next letter brings. The more you speak to them, the more you encourage them.

It was addressed to my wife.The letter detailed all about the outstanding debt ,amount owed etc. MIL didn't realise it wasn't addressed to her due to her age and own health but she now thinks she will be blacklisted and has started to have worries and it has also affected wife's and MIL relationship. I have no idea where they got MIL details from and I consider it to be a deliberate move on the DCA behalf. Unfortunately I we have now written to the DCA threatening holy hell to them for breach of confidentiality. I will just have to wait and see what comes back from them!

[SaltnVinegar]

It was addressed to my wife.The letter detailed all about the outstanding debt ,amount owed etc. MIL didn't realise it wasn't addressed to her due to her age and own health but she now thinks she will be blacklisted and has started to have worries and it has also affected wife's and MIL relationship. I have no idea where they got MIL details from and I consider it to be a deliberate move on the DCA behalf. Unfortunately I we have now written to the DCA threatening holy hell to them for breach of confidentiality. I will just have to wait and see what comes back from them!

Hi Scotty

Ok thats good to know. So heres the rub, if the letter was addressed to your wife, and there was nothing on the envelope, or window on the envelope, that exposed the contents of the letter then the DCA have likely done nothing wrong here. They are allowed to carry out certain tracing activities, and will most likely have got your MIL's address from the credit reference agencies.

So is this a deliberate move on their part? Yes. Have the done anything wrong? From a legal standpoint, probably not.

Reason I'm saying this is because in my experience when you're battling debt its best to pick your battles. You don't have a bottomless pit of emotional energy, so its important to save it for the battles that matter. This isn't one of them. Its unfortunate that MIL opened the letter, but, simply she shouldn't have. What your wife needs to do now is reassure MIL that she's dealing with things, and that it has no detrimental impact on MIL.

By writing to them about the above, not only do you have little ground to stand on, but you're actually showing them they're getting to you, so this will just encourage them to twist the screws a little more to ramp up the pressure.

Best approach is to keep communication to an absolute minimum, or better still, not communicate with them at all unless things start to get a little more serious (and you'll know when that is).

In answer to your question about is it worth sending a CCA? Absolutely!

At the very least, you'll then have information as to whether if they go as far as issuing a claim whether there is provision to claim statutory or contractual interest from which you can understand the risk you are under. Remember with changes that the FCA brought in payday loans, the current balance cannot exceed double the principal amount lent.

Best
SnV

[scottygees]

Hi Scotty

Ok thats good to know. So heres the rub, if the letter was addressed to your wife, and there was nothing on the envelope, or window on the envelope, that exposed the contents of the letter then the DCA have likely done nothing wrong here. They are allowed to carry out certain tracing activities, and will most likely have got your MIL's address from the credit reference agencies.

So is this a deliberate move on their part? Yes. Have the done anything wrong? From a legal standpoint, probably not.

Reason I'm saying this is because in my experience when you're battling debt its best to pick your battles. You don't have a bottomless pit of emotional energy, so its important to save it for the battles that matter. This isn't one of them. Its unfortunate that MIL opened the letter, but, simply she shouldn't have. What your wife needs to do now is reassure MIL that she's dealing with things, and that it has no detrimental impact on MIL.

By writing to them about the above, not only do you have little ground to stand on, but you're actually showing them they're getting to you, so this will just encourage them to twist the screws a little more to ramp up the pressure.

Best approach is to keep communication to an absolute minimum, or better still, not communicate with them at all unless things start to get a little more serious (and you'll know when that is).

In answer to your question about is it worth sending a CCA? Absolutely!

At the very least, you'll then have information as to whether if they go as far as issuing a claim whether there is provision to claim statutory or contractual interest from which you can understand the risk you are under. Remember with changes that the FCA brought in payday loans, the current balance cannot exceed double the principal amount lent.

Best
SnV

Thanks for the advice. Unfortunately I will have to await their response and take it on the chin. In future I will apply the "silence is golden " rule!

[scottygees]

so i have had a response from Asset Management saying they do not uphold my complaint etc etc. They do say i can write with any further information in the next 30 days and they will look at my complaint again. Is this worth it? Is there anything I can argue to get them to reconsider? Would it be wise to go down the irresponsible lender route or should i just send the CCA request at this stage and accept their response, even though it still makes me mad!! Any help appreciated.

[scottygees]

So my wife has had a letter from Asset Management which looks quite threatening, mentioning court action etc.ait states they will take court action if she doesn't reply within 30 days. There is a sheet with the correspondence asking whether she acknowledges the debt, is she in financial distress and also includes a income and expiditure form. She has previously written to Lending Stream regarding irresponsible lending but didn't receive a reply and they have since got Asset Management involved. She hasn't sent a CCA request yet for this. Any advice? Should I send this for someone to confirm whether this is a letter before action? Thanks in advance

[Joanna Connolly Solicitors]

So my wife has had a letter from Asset Management which looks quite threatening, mentioning court action etc.ait states they will take court action if she doesn't reply within 30 days. There is a sheet with the correspondence asking whether she acknowledges the debt, is she in financial distress and also includes a income and expiditure form. She has previously written to Lending Stream regarding irresponsible lending but didn't receive a reply and they have since got Asset Management involved. She hasn't sent a CCA request yet for this. Any advice? Should I send this for someone to confirm whether this is a letter before action?

I've seen you've made several posts about this letter on different threads but here's my response to your PM without knowing the background of this debt.

From what you say this is the new style 'Letter Before Claim' which came into being when the Pre Action Protocol for Debt Claims was changed on 1st October 2017.

If it is, then your wife has 30 days to reply. She is not obliged to complete the Financial Statement (that's only if she wants to admit the debt and pay it).

If no reply is received then the debt owner is likely to issue a county court claim. If the debt owner has not been made aware that the account is in dispute (in response to their LBC) then the court may not be happy with the fact they've not been told before issuing and potentially make you pay the other sides costs if you lose even in the Small Claims Track.

I'll see if I can find the full history of this debt on your Diary.

If you've not sent a s 77-79 CCA Request for this PDL debt then do that now.

Di

[scottygees]

I've seen you've made several posts about this letter on different threads but here's my response to your PM without knowing the background of this debt.

From what you say this is the new style 'Letter Before Claim' which came into being when the Pre Action Protocol for Debt Claims was changed on 1st October 2017.

If it is, then your wife has 30 days to reply. She is not obliged to complete the Financial Statement (that's only if she wants to admit the debt and pay it).

If no reply is received then the debt owner is likely to issue a county court claim. If the debt owner has not been made aware that the account is in dispute (in response to their LBC) then the court may not be happy with the fact they've not been told before issuing and potentially make you pay the other sides costs if you lose even in the Small Claims Track.

I'll see if I can find the full history of this debt on your Diary.

If you've not sent a s 77-79 CCA Request for this PDL debt then do that now.

Di

Di

sorry there is no history for this debt on the diary as it is in my wife's name. I will send the CCA request tomorrow. I was going to return this form on or around the 5th December which is within the 30 day timeframe. If the CCA is requested would I still need to return the form within the prescribed period?

[scottygees]

I've seen you've made several posts about this letter on different threads but here's my response to your PM without knowing the background of this debt.

From what you say this is the new style 'Letter Before Claim' which came into being when the Pre Action Protocol for Debt Claims was changed on 1st October 2017.

If it is, then your wife has 30 days to reply. She is not obliged to complete the Financial Statement (that's only if she wants to admit the debt and pay it).

If no reply is received then the debt owner is likely to issue a county court claim. If the debt owner has not been made aware that the account is in dispute (in response to their LBC) then the court may not be happy with the fact they've not been told before issuing and potentially make you pay the other sides costs if you lose even in the Small Claims Track.

I'll see if I can find the full history of this debt on your Diary.


If you've not sent a s 77-79 CCA Request for this PDL debt then do that now.

Di

so the CCA has come back already. I am making the assumption this is enforceable due to it being post 2007 ,this was implied by Niddy when the letter before claim was received. I am still waiting to return the letter before claim and a letter to Lending Stream to complain about irresponsible lending. There were two loans taken out one for £100 and one for £440. £113 has already been paid back on the £100 loan, so hopefully they may write this off. I am hoping to try and drag this out a bit longer with the hope that court action doesn't materialise. Has anybody got any further advice? I was going to return all documents on the 5th December which is within the 30 day time limit, does this seem reasonable or should I get everything sent off immediately?

Many Thanks in advance.

[Joanna Connolly Solicitors]

so the CCA has come back already. I am making the assumption this is enforceable due to it being post 2007 ,this was implied by Niddy when the letter before claim was received. I am still waiting to return the letter before claim and a letter to Lending Stream to complain about irresponsible lending. There were two loans taken out one for £100 and one for £440. £113 has already been paid back on the £100 loan, so hopefully they may write this off. I am hoping to try and drag this out a bit longer with the hope that court action doesn't materialise. Has anybody got any further advice? I was going to return all documents on the 5th December which is within the 30 day time limit, does this seem reasonable or should I get everything sent off immediately?

What is the date of the Letter Before Claim? You say your wife received it on 17th November so if it was dated (maybe) 13th November the 30 days would end on 13th December.

Has you wife ever received a Default Notice for this debt?

Di

[scottygees]

What is the date of the Letter Before Claim? You say your wife received it on 17th November so if it was dated (maybe) 13th November the 30 days would end on 13th December.

Has you wife ever received a Default Notice for this debt?

Di

The letter of claim was dated 16th November..Yes a default notice was received.We have put a complaint of irresponsible lending to the original lender and informed asset collections of this so hopefully this may delay any action by them. It is likely we will have to arrange a payment plan with them as we don’t really want the court hassle.i assume this option will still be on the table to prevent it going to court?

[scottygees]

So the swines at Asset Collections have sent the court claim form even though I sent the response to the letter before claim back in plenty of time and have proof of receipt at their end. They haven’t taken into account anything that was stated in the reply I.e. about seeking financial help, request of documentation etc and have just gone gung ho straight to issuing the claim.So much for trying to resolve amicably without resorting to going to court!

[The Tech Clerk]

there is no stopping them issuing court claim if they want to BUT it is the end result that matters, by the way =NO SWEAR WORDS ON THIS SITE" but we do understand sxxxxx etc resolved amicably? not met one bank etc who do that where money concerned, now concentrate on court timings for defence etc, and suggest you join AAD+

[scottygees]

UPDATE

after some advice i contacted Asset Collection in regards to how they have dealt with the issue. They apologised and have discontinued the county court claim and have referred the debt back to their pre legal team. Obviously I appreciate this won’t be the end of the matter so any further advice as to what course of action is best to take. My gut feeling is that I should make contact with their pre legal team to resolve the debt, but I am willing to take on board any advice from this site before I do so.

[cymruambyth]

Check with the court that they have done this and keep to any deadlines until confirmation is received!

[scottygees]

Advice from Di to ensure I receive a notice of discontinuation.I will await until the new year and then contact Di again for further advice if this isn’t received.

Merry Christmas to all