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merlin100

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Everything posted by merlin100

  1. 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.
  2. 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". Basically 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?
  3. Not according to Droony19s post and his/her experience with mediation
  4. 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.
  5. 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.
  6. 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?
  7. 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.
  8. 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
  9. 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?
  10. 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.
  11. 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?
  12. Havent done the CPR yet dx. Work calls - but will have time to sort it tomorrow.
  13. 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.
  14. 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?
  15. Claimant - Perch Capital LTD sols TM Legal Issue date 19.11.2021 date for defence - 21st December. Exact wording of Particulars of claim - 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by GAIN Credit LLC. 2.The defendant has failed to make payments in accordance with the terms of the credit agreement. 3.The credit agreement was assigned to the claimant, upon which a Notice of Assignment was sent to the defendant. 4.The defendant has either failed to respond to the claimant or has failed to make regular payments. 5.The claimant has issued a letter of claim, providing the defendant with a further opportunity to arrange repayment of the outstanding balance to no avail. What is the total value of the claim? £1668.00 + £115.00 court fee + £80.00 legal rep fee. Total £1863.00 Have you received prior notice of a claim being issued pursuant to Paragraph 3 of the PAPDC? Not known Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No. Is the claim for a bank account (overdraft) or credit card or loan or catalogue or mobile phone account? Loan. When did you enter into the original agreement, before or after 2007? After 2007 Do you recall how you entered into the agreement? Online. Is the debt showing on your credit reference files? 5 separate entries for Perch - 1. Opened 3.3.2018. Opening balance £150. Current balance £270. Updated Aug 2021. No data. 2. Opened 3.4.2018. Opening balance £250. Current balance £458. Updated Aug 2021. No data. 3. Opened 4.4.2018. Opening balance £170. Current balance £312. Updated Aug 2021. No data. 4. Opened 29.3.2018. Opening balance £350. Current balance £627. Updated Aug 2021. No data. 5. Opened 24.2.2018. Opening balance £400. Current balance £324. Updated Nov 2021. No data. **No matter how I try, I cannot get any of these to add up to the claimed amount** Has the claim been issued by the original creditor or was the account assigned and it is the debt purchaser who has issued the claim (Perch) Were you aware the account had been assigned - did you receive Notice of assignment? He doesnt know, all correspondence sent to a previous address. Did you receive a default notice from the original creditor? Again, any correspondence sent to previous address. Have you been receiving statutory notices headed "Notice of sum in Arrears" or "Notice of Arrears" at least once a year? Again, maybe sent to previous address. Why did you cease payments? Never made any. What was the date of your last payment? None made. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  16. Hi all, yes Im back again with another problem from my wayward son! Hes just got a claim form (Northampton). Claimant is Perch Capital LTD, and address for sending documents or payments is T M Legal Services. Its an old loan that he cant remember when he had it and thinks it might be Lending Stream. Its possible it may be SB but not sure yet. What Im asking is in relation to the Particulars of Claim. It seems to me to be very vague, no dates of loan etc, in fact hardly any way of identifying anything. This is the exact wording - "The claimant claims this amount in respect of an unpaid loan, regulated by The Consumer Credit Act 1974. The loan was funded by GAIN Credit LLC. The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant, upon which a Notice of Assignment was sent to the Defendant. The Defendant has either failed to respond to the Claimant or has failed to make regular payments. The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail" And thats it. can you tell me if this is enough information to put before a court? It seems very vague to me? I have 4 days left before I have to acknowledge on MCOL to get the 28 days extension. CCA request will be posted to T M Legal in the morning (30th). Is there anything else I can do? Should also add that unusually, they are not claiming interest. Thanks all.
  17. Hi all, long time no see! Got a letter from Kensington today regarding my mortgage and a change in interest rate from 2.84% to 2.34%. When Ive had these in the past it has always reflected in my monthly mortgage payment but this time the payment is staying exactly the same. There are no arrears (and never have been) on the account. Does anyone know if theres a reason for this or is it Kensington trying to pull a fast one? I should add that its a straight repayment type mortgage. Cheers all.
  18. Ah Lantern? The wife has recently got one of their demands for a debt that's around 5 months off becoming SB. Are these people desperate or have they bought a lemon portfolio? Anyway, shouldn't be too hard to play a little letter tennis if they up the game a bit just to get it over the six years.
  19. Thanks for the advice dx, that's coming next because some of them are dubious loan companies.
  20. Hi Francis, sorry Ive only just seen this but Ill tell you what has happened to date. As Ive already said, my son began paying £120 a month to them with very little understanding of what they were supposed to be doing other than some vague promise of having some of his debts written off in the near future. At that time there were also vague promises of some sort of DMP being set up after 12 months of him paying this money but nothing was ever put into writing - it was always promises by phone calls. He had 9 separate creditors amounting to around £9000. After 5 months only 4 of the creditors were willing to deal with 3 Lions, the others wouldn't recognise them as a debt management firm and were constantly calling him and sending the usual threatening letters. Once we got to the bottom of it, it turned out that the £120 a month for the first 12 months was just a fee they charged to look into his contracts and see if they could be voided in some way. But after that 12 months had passed, they were not very forthcoming on whether a DMP or other form of debt management plan would be put into place. It didn't fill me with much confidence. All they ever told him when he rang was not to worry, they were sorting it! Luckily, in their original contract (then), the option to cancel at any time was available which I also thought a little strange coming from a team of barristers. We cancelled the contract but by this time some of his creditors were threatening court action so we got in touch with Stepchange. They were pretty good and acted swiftly. All his creditors had to accept them, the letters and threats finally stopped. Although he was only around £9000 in debt, he was paying just over £1100 each month out. Stepchange reduced it to £247 a month. Lesson learned!
  21. Hi guys, thanks for the replies. From what I’ve read myself it looks like he will be ok saying he put it in the other shops bins. I have however told him not to enter into any conversation with them as I’ve read a few stories of how they try to lead you into a conversation that will give them a passage to prosecute. Anyway, let’s see what happens and I’ll get back with the outcome.
  22. Hi All, just wanted your opinions on this please. A local takeaway owner applied to the Local Authority for a commercial waste bin. Eventually he got one but it took a month to get it. In the meantime, two other shops allowed him to put his rubbish in their commercial bins until his was delivered. Soon after getting his bin, he was contacted by the Local Authority in which they accused him of fly-tipping as one black bag of his rubbish had been found on a local nature reserve with details of his shop inside. He says that he cannot understand how only one bag was put there as when he used the other shops bins he always put 10 to 15 bags in the bins and the other shops are very close to him whereas the nature reserve is about 5 miles away? I would like to know if he is legally entitled to use the other shops bins thereby quelling any fears of prosecution for fly-tipping? The other two shop owners are quite happy to say they allowed him to use their bins Until he got his own but only if there is no threat of prosecution to them. Any ideas? Thanks all.
  23. Thanks dx, these iPads aren’t very good! I’ll have a word about him joining up.
  24. That’s what I thought too. It seems that those payments are just to see if there are any reasons to challenge the validity of the Agreements. There’s no mention of anything resembling a DMP until after that period and even if that happened, I’m sure there would be further, maybe hefty fees. One thing I forgot to mention though, the guy on the phone told my family member it would be pointless challenging the Agreements on their cars, even though one is at the one-third payments mark and one is just over halfway. I suggested a VT on the one that is now halfway through the payments to save them a bit of money but it didn’t go down too well. I also offered to draft letters with a view to reducing payments but that didn’t go down too well either which is fine by me as I’m limited by time at the moment.
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