Payday loan CCA

[scottygees]

So letter recd from the FOS today. Should we contact the DCA to tell them this so as to stop any Collection activity?

[Roger]

So letter recd from the FOS today. Should we contact the DCA to tell them this so as to stop any Collection activity?

Don't do the DCA work! Let FOS do theirs!

[scottygees]

Don't do the DCA work! Let FOS do theirs!

i only say this as the complaint is against the original lender not the DCA and was thinking this may stop the DCA in their tracks for a couple of months until the complaint is resolved.

[Roger]

i only say this as the complaint is against the original lender not the DCA and was thinking this may stop the DCA in their tracks for a couple of months until the complaint is resolved.

The DCA is the AGENT for the Original Lender! Ignore the DCA, Sience is Golden!

[scottygees]

The DCA is the AGENT for the Original Lender! Ignore the DCA, Sience is Golden!

Sorry in this instance the Collection agency purchased the debt so are now the legal owners.The complaint has been raised against the original lender.

[Roger]

Sorry in this instance the Collection agency purchased the debt so are now the legal owners.The complaint has been raised against the original lender.

It’s true that they can reissue the claim since they Discontinued before you filed your Defence. But that doesn’t mean they will.

I don’t know what “action” you have in mind but calling them is not a good idea. Provoking them won’t help you.

I believe you have made a complaint to the original PDL business on the issue of irresponsible lending. If that’s unsuccessful then you may progress it to the FOS. If the FOS uphold your complaint and you’re paid compensation then you may be able to settle the Asset debt with a F&F offer if that option appeals and if there’s no legal Defence to any claim if they decide to reissue (there may be if they can’t produce the DN etc) but that’s unknown at the moment.

Maybe let them make the next move, if at all. Fingers crossed it will go quiet at least for a while.

Di

This was Di's response and her suggestion is "..

Maybe let them make the next move, if at all. Fingers crossed it will go quiet at least for a while..." .

[scottygees]

So correspondence received today from FOS stating they have contacted Lending Stream who said they replied to the complaint and that as no appeal was made the complaint was closed. However a reply was never received and 2 further requests were sent that were ignored. The FOS are asking for copies of the letter Lending Stream sent but as we never received these we are unable to send them anything. Any advice would be greatly appreciated.

[Roger]

So correspondence received today from FOS stating they have contacted Lending Stream who said they replied to the complaint and that as no appeal was made the complaint was closed. However a reply was never received and 2 further requests were sent that were ignored. The FOS are asking for copies of the letter Lending Stream sent but as we never received these we are unable to send them anything. Any advice would be greatly appreciated.

Send FOS copies (and proof of postage) of your 2 further requests ( letters ) to Lending Stream
Pointing out to FOS that you cannot send what you never received!
Keep it simply

[scottygees]

So on the back of this thread statements have been emailed from Asset Collection showing that they have added interest to the Lending Stream debt.Are they able to do this?

[scottygees]

So I have been given the heads up from a mole within the camp that Asset Collection are in the process of sending another Letter before claim for the the claim they previously discontinued. I currently still have a complaint outstanding with FOS on this debt who have confirmed the original lender,Lending Stream,should give a response but they still haven’t. On top of this Asset Collection have added interest and fees from the claim that they discontinued to the debt according to the recent statement they sent. So I am after some advice on the best way to deal with this. e.g are they able to issue a claim whilst there is an outstanding dispute on the debt, should I make them aware the claim was previously discontinued, should I point out they have added interest unlawfully on a claim that was discontinued etc etc

[Joanna Connolly Solicitors]

So I have been given the heads up from a mole within the camp that Asset Collection are in the process of sending another Letter before claim for the the claim they previously discontinued.

^ ^ ^ this statement makes me nervous perhaps unnecessarily. What do you mean by "a mole within the camp"? Which camp?

From what I can see Asset Collection issued a claim against you (your wife). You say that claim has been Discontinued. Since this was before you filed a Defence (correct me if I'm wrong) then Asset can issue a new claim at the drop of a hat.

You have a complaint against the original creditor (Lending Stream) which is progressing to the FOS. I'm not sure why that's Asset's problem.

For your sake please don't do anything until the current legal position has been established.

Di

[scottygees]

^ ^ ^ this statement makes me nervous perhaps unnecessarily. What do you mean by "a mole within the camp"? Which camp?

From what I can see Asset Collection issued a claim against you (your wife). You say that claim has been Discontinued. Since this was before you filed a Defence (correct me if I'm wrong) then Asset can issue a new claim at the drop of a hat.

You have a complaint against the original creditor (Lending Stream) which is progressing to the FOS. I'm not sure why that's Asset's problem.

For your sake please don't do anything until the current legal position has been established.

Di

My future son in law works for Asset.

As if by magic the letter of claim has been received today as well. Can you confirm what you mean by the current legal position ?

Many Thanks

[Joanna Connolly Solicitors]

My future son in law works for Asset.

If your future son-in-law works for Asset then they should be aware of the need to comply with the Data Protection Act (GDPR) in relation to disclosing information held by the business.

Di

[scottygees]

If your future son-in-law works for Asset then they should be aware of the need to comply with the Data Protection Act (GDPR) in relation to disclosing information held by the business.

Di

Aside from him working for them, now the letter before claim has been received We will respond within the 30 day timeframe. Just need to know how best to respond. Last time it got discontinued as they didn’t let the 30 days pass before they applied to the court, they probably won’t make the same mistake again. Niddy has already confirmed the CCA is enforceable.I think with these smaller debts ( £700 ) we may just take a payment plan with them and then look at offering a Full and final settlement around October.

On another note I was also told they won’t pursue any debts where an address hasn’t been verified, not sure whether this is a legal requirement but may be worth keeping in mind .

[The Tech Clerk]

Diana Mayhew