Intended Legal Action - Warranty of Control

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Ubonia
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#1 Intended Legal Action - Warranty of Control

Post by Ubonia » 14 Dec 2017 21:20

So the Bailiffs have not been unleashed as yet, but ominously on the horizon. The letter was received today from TM Legal Services regarding a County Court Judgement registered by Northampton County Court Business Centre. (It seems the court is now a business, which would be a modern form of piracy wrapped up in alternate terminology).

The original claimant was Asset Collections and Investigations Ltd PO Box 1333 Blackpool. I wrote to them explaining circumstances prior to the court date, unforunately not recorded delivery, but recieved no response. It proceeded to court and was processed in claimants favour.

I then wrote by recorded mail reiterating I had mailed them prior to court hearing and received no reply. I asked for proof of claim. No response - until receiving the mail tonight from TM (see above) whose address is also Blackpool. It was dated 8th Dec, today is 14th Dec.

Their mail states... "as you have denied us an opportunity to settle this amicably."

Now note, my recorded mail was sent to the claimant from NCC, namely Asset Collections, and I was offering an amicable solution; but this mail is from someone I have never heard of previously, namely TM Legal Services.

The final sentence of that letter states.. "We anticipate enforcement to commence without further reference to you."

I can't help but feel I am being played here. The original claimant ignores all communication. Informs court they have had no response. A new company appears to collect. Maybe they changed their name, they have done in the past if you check history of Asset Collections, formerly Glasgow. I found several references to Asset Collections ignoring mails with a simple internet search.

A mental image of a lamprey and a shark just appeared to me. The court system is the shark and all the debt collection agencies are the suckers attached. What point adding fees and costs to debts when the whole reason for debt is an inability to pay!

Another point/query. These debts are down to my spouse, I'm sure under law they have that covered but if bailiffs appear and try to take MY car can I prevent them, including clamping?

Appreciate any advice that is forthcoming.

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Schedule 12
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#2 Re: Intended Legal Action - Warranty of Control

Post by Schedule 12 » 15 Dec 2017 00:21

Ubonia wrote:
14 Dec 2017 21:20
So the Bailiffs have not been unleashed as yet, but ominously on the horizon. The letter was received today from TM Legal Services regarding a County Court Judgement registered by Northampton County Court Business Centre. (It seems the court is now a business, which would be a modern form of piracy wrapped up in alternate terminology).
The expression "business centre" is misleading, but as it is a statutory body created by the County Courts Act, it is a "court" that can administrate justice.


The original claimant was Asset Collections and Investigations Ltd PO Box 1333 Blackpool. I wrote to them explaining circumstances prior to the court date, unforunately not recorded delivery, but recieved no response. It proceeded to court and was processed in claimants favour.

If this was made in your absence or the judgment document says it is a "default" judgment, then you can apply to set it aside.



I then wrote by recorded mail reiterating I had mailed them prior to court hearing and received no reply. I asked for proof of claim. No response - until receiving the mail tonight from TM (see above) whose address is also Blackpool. It was dated 8th Dec, today is 14th Dec.

Their mail states... "as you have denied us an opportunity to settle this amicably."

Now note, my recorded mail was sent to the claimant from NCC, namely Asset Collections, and I was offering an amicable solution; but this mail is from someone I have never heard of previously, namely TM Legal Services.

The final sentence of that letter states.. "We anticipate enforcement to commence without further reference to you."

I can't help but feel I am being played here. The original claimant ignores all communication. Informs court they have had no response. A new company appears to collect.


It could be the debt has been traded under the Law of Property Act 1925 (the actual section escapes me) which reassigns a new person or body to bring an action to recover the debt. This is common practice with creditors, such as a bank to sell a debt to a debt collector.


Maybe they changed their name, they have done in the past if you check history of Asset Collections, formerly Glasgow. I found several references to Asset Collections ignoring mails with a simple internet search.

A mental image of a lamprey and a shark just appeared to me. The court system is the shark and all the debt collection agencies are the suckers attached. What point adding fees and costs to debts when the whole reason for debt is an inability to pay!

Another point/query. These debts are down to my spouse, I'm sure under law they have that covered but if bailiffs appear and try to take MY car can I prevent them, including clamping?

Appreciate any advice that is forthcoming.

Do a search on yourself on Trust Online, and see whether you have any judgments. Also do a search to see if anyone else has searched your name, that could reveal the name of the person or company looking to, or bought the debt. Its linked to the person's credit card used to make the search. Then consider applying to set aside the judgment.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Ubonia
Posts: 4
Joined: 14 Dec 2017 20:10

#3 Re: Intended Legal Action - Warranty of Control

Post by Ubonia » 15 Dec 2017 12:09

Schedule 12 wrote:
15 Dec 2017 00:21


The original claimant was Asset Collections and Investigations Ltd PO Box 1333 Blackpool. I wrote to them explaining circumstances prior to the court date, unforunately not recorded delivery, but recieved no response. It proceeded to court and was processed in claimants favour.

If this was made in your absence or the judgment document says it is a "default" judgment, then you can apply to set it aside.

The heading of the judgement paper reads "Judgment for Claimant (in default)"



I then wrote by recorded mail reiterating I had mailed them prior to court hearing and received no reply. I asked for proof of claim. No response - until receiving the mail tonight from TM (see above) whose address is also Blackpool. It was dated 8th Dec, today is 14th Dec.

Their mail states... "as you have denied us an opportunity to settle this amicably."

Now note, my recorded mail was sent to the claimant from NCC, namely Asset Collections, and I was offering an amicable solution; but this mail is from someone I have never heard of previously, namely TM Legal Services.

It could be the debt has been traded under the Law of Property Act 1925 (the actual section escapes me) which reassigns a new person or body to bring an action to recover the debt. This is common practice with creditors, such as a bank to sell a debt to a debt collector.


It seems unlikely they have re-sold the debt in the space of one month considering they themselves purchased the debt from "The Lending Stream",
-unless my recorded delivery requesting proof of claim caused the sale?

But then how could a new company claim I have denied them an opportunity to settle amicably?



The debt is in my wife's name, can bailiffs take a vehicle registered in my name?
There's an interesting thread here, https://www.consumeractiongroup.co.uk/f ... s***/page5 that lists the same three protaganists, namely The Lending Stream, Asset Collections and TM Legal Services.

It does look as though Asset Collections have ignored my recorded delivery and past claim to TM Legal Services.

Wouldn't there be a time limit on 'set aside' claim. The judgement is dated 06-NOV-2017

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Schedule 12
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#4 Re: Intended Legal Action - Warranty of Control

Post by Schedule 12 » 15 Dec 2017 12:59

I wouldn't take too much on what happens on there. They work to expose the consumer to a loss in favour of bailiff companies. On many occasions, we have had to come to the rescue and put things right.


http://www.getoutofdebtfree.org/forum/v ... hp?t=55890

https://www.all-about-debt.co.uk/forum/ ... ossendales
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Author: dealingwithbailiffs.co.uk

Ubonia
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#5 Re: Intended Legal Action - Warranty of Control

Post by Ubonia » 15 Dec 2017 13:21

Appreciate the warning, but with respect that particular thread was relevant due to almost the exact same circumstances and the poster was succesfully advised to the point the judge rejected the claim.

If I could refer you back to my earlier reply above, I responded to several of your points with more information in a coloured text. I truly appreciate any advice you can give as I do not feel confident progressing any further with these people without some input.

Thanks very much. :)

Ubonia
Posts: 4
Joined: 14 Dec 2017 20:10

#6 Re: Intended Legal Action - Warranty of Control

Post by Ubonia » 19 Dec 2017 12:31

Sorry, still needing help here.

Do I go back to the original court with a complaint? What steps do I need to take?

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