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merlin100

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  1. Ive got the same agro with Perch and TM regarding a payday loan my son had. Perch/TM Claimform - sons old Lending Stream PDL - Page 2 - Financial Legal Issues - Consumer Action Group TM threatened legal action so I hit them with a CCA Request (to Perch) and a CPR31.14 to TM. Neither one bothered to reply and eventually issued court proceedings. As advised by dx, I agreed to mediation in which I stated I had no information with which to mediate as they had not replied to my requests, so mediation fell there and then. Several weeks later I got a very snotty letter from TM informing me that my costs would double when it went before a Judge and that they would report my actions to the court as vexatious and a waste of the courts time. now been transferred to Leeds CC and we are waiting for a date of hearing. They can get quite intimidating and go over the top with their threats but they are trying to mislead by accusation of vexation. Seems to me that they dont know what the word means or who it applies to. Might come in handy though to suggest intimidation in court.
  2. Hi dx, thanks for that. I didnt know they had an email for him until this. I did what you said and didnt include one on the mediation forms. Ill contact him now.
  3. Hi guys, well nothing from the court as yet, but T M Legal have upped their game. My lad received an email from them today headed "Without prejudices as to costs". its an offer of settlement surrounded by plentiful veiled threats and further costs against him if he wishes to proceed to court. One paragraph however is interesting - "Please be advised that we intend to apply for all costs incurred from you in addition to the amount already claimed against you, in accordance with CPR 27.14(2)(g). Said application will be made on the grounds of "unreasonable conduct" in that you have brought a frivolous and vexatious defence before the court, which has no merit. Our costs, a statement of which will be provided to Trial. may amount to a sum in excess of £2500.00 plus VAT at the prevailing rate together with any disbursements incurred for attendance of our advocate at the hearing." They then go on to say they will settle for 85% of the current outstanding debt, will inform the court the debt is settled and inform the CRAs that its partially settled, and a promise not to pursue the miniscule balance left. So guys is this them panicking a little? And what am I missing when they say my defence of them not complying with my CCA and CPR requests is vexatious and frivolous and has no merit? I asked for information in order to identify the debt and they ignored me - surely thats a defence?
  4. Not according to Droony19s post and his/her experience with mediation
  5. And that dx is an extremely enlightened post. So the mediation is really to check that both sides have, or have not the relevant proof/evidence to proceed with their claim to court? Its name suggests that they will try to strike a deal between both sides, ie, - the claimant says you owe them 1800, can you both agree to 900"? I know it sounds stupid but hey, you never know these days. Im off now to read a ton of posts on this. Thanks.
  6. Thanks for that Andy, this is the bit I wasnt sure of because as far as I am concerned, surely the evidence stage was passed when they didnt comply with the CCA and CPR Requests. Blame it on me being a naturally suspicious individual who maybe thinks too deeply into situations sometimes. Anyway, I will follow the advice of yourself and dx. Play the game, let it run its course and then get on with life. Thank you.
  7. I have read up on this guys and I do understand the procedure, maybe I should have made myself more clear. Why would a creditor, and indeed the Mediation Service both waste their time when they only have to read the defence I submitted which subsequently was enough to get the claim stayed? It simply seems to me to be a complete waste of time. Without further evidence it cannot proceed. Im now beginning to see it along these lines - this is nothing more than a weak attempt by the creditor, perhaps with the help of the mediation service to get the little man to admit to all, or maybe part of the claim so the big man, even though he's screwed up with the paperwork, makes a few quid with the help of the machine and everyone, except the little man goes home happy! That about it?
  8. Hi Andyorch. Yes Ive read all that. What I dont understand what is the point of it. Although it states that this usually happens when the creditor wishes to continue with the claim through mediation, the creditor, and their legal firm have not complied with the CCA Request and the CPR31.14 request. Consider that with a requirement of the Small Claims Mediation Service " the Parties or representatives should be familiar with the details of the dispute and be able to answer any queries raised" Considering I have already stated that my son does not recognise this particular debt or the amount, and we have had no replies to our legitimate requests for information, we could not possibly satisfy that requirement. I would not want to waste the time of the mediator, but as far as I can see all I could do is challenge the creditor on their failings to provide any proof or further information of the debt as requested. And should they turn up with any of that information, object to it being relied on. Not sure what I would say here.
  9. Yes thats it dx. Notice of Proposed Allocation to the Small Claims Track. Im not sure why this has been done or who by. Could you explain? Thanks dx
  10. Hi all, bit of an update. Now got forms from the court for mediation but Im not sure why? Is this the court or the creditor instigating this? And what would be the point bearing in mind that Perch never replied to the CCA Request and nor did T M Legal reply to the CPR Request? Surely they must have an idea that we are simply going to say that we have no memory of this debt because of the lack of response from the creditor? Or is there something I dont know?
  11. Hi guys, bit of an update. Got a reply from Northhampton acknowledging my defence. Letter is dated 22nd Dec and gives the claimant 28 days to contact the court if they wish to proceed otherwise the claim will be stayed.
  12. Just a quick update guys. CCA Request and CPR 31.14 both signed for on 13/12/21. No replies as yet. Quick question, date on claim form is 19/11/21. AOS filed, so I reckon that gives me till Wed 22/12 to file a defence. Can someone confirm Ive got that date correct?
  13. Havent done the CPR yet dx. Work calls - but will have time to sort it tomorrow.
  14. AOS all done as you said dx. CCA Request sent recorded delivery - so now we wait! Just out of interest, if things stay as they are. Am I right to defend the claim as being to vague? Just wondering.
  15. Nothing whatsoever dx, thats why its very hard to chase it up.. Thought it might be deliberate which also makes me wonder why. I wondered if they were hoping for a default judgement with it because if thats all they have surely they have no case in a court?
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