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TMAngel

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  1. Hi, I'm now on 12 working days since i did CCA request and CPR letter. No response at all What would next step be?
  2. Great thanks for your help so far. But yes, court claim to current address where we have lived for 16 years
  3. The CCA request I've already done and they are asking me to call to clear security of send in copy of a signed ID ie Passport which I'm reluctant to do either.
  4. Can I defend all if I've effectively replied previously offering a F&F?
  5. Thanks, here you go Which Court have you received the claim from ? Name County Court MCOL Northampton NN1 Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? Perch Capital Ltd How many defendant's joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 11 July 2023 What is the claim for – the reason they have issued the claim? The claimant claims payment of an overdue balance in the sum of £436.31 incurred by the Defendant under a MyJar Ltd, Running Credit, account number (8 digits). The Defendant failed to maintain payments in line with the Agreement and the account has now matured. The account was then subsequently assigned to the Claimant and the Defendant has been give notice of the accounts assigned What is the total value of the claim? £536.31 (inc £50 Court Fee and £50 legal rep fee) Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 13 July – email saying Claim had been issued Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No. No correspondence to address just email Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No When did you enter into the original agreement before or after April 2007 ? August 2017 Do you recall how you entered into the agreement...On line /In branch/By post ? Online company Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. Original Debt was with MyJar, now Perch Capital/TM Legal Were you aware the account had been assigned – did you receive a Notice of Assignment? Just checked emails, February 2022 NOA from MyJar to Perch Did you receive a Default Notice from the original creditor? Just checked emails, Default notice by email April 2019 issued by MyJar Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? I can see emails with this from 2019, 2020 and 2023 but nothing from 21/22 Why did you cease payments? Last payment 28/11/2017 What was the date of your last payment? 28/11/2017 Was there a dispute with the original creditor that remains unresolved? Apart from not receiving a CCA when requested twice Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Jan 2020 – I was trying to clear all debts and made contact with MyJar to offer them the difference between the £450 borrowed and what I’d paid back – NO. Then offered a F&F settlement of £80, they refused and wanted the full amount outstanding. I did say we were in financial difficulty and they shouldn’t have even lent me the money based on credit report. What you need to do now. Answer the questions above If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) Requested this from TM Legal on 6 April. They replied 24 April saying if I wanted a copy I had to call to go through security questions or email copies of signed ID Documents. I replied saying I wasn’t comfortable doing this and was entitled to a copy of my original CCA. I stated if they couldn’t provide it based on their emails chasing me for the debt how could they prove I was the original person anyway? No response. Requested CCA again on 13 July following their email informing me of a Court Claim.
  6. Last payment was 28/11/2017. Not used them since and they went into administration in 2020 Unsure of defaulted date - they don't show on credit report and I need to keep it this way
  7. Today 14 July - I have received a Claim Form dated 11 July. For a My Jar account - original amount was £450 on 21/8/17, amount I paid back over 3 payments was £418.56 with last payment 28/11/17. Missed the last 3 payments. I stupidly did email MyJar in Jan 2020 offering F&F but they refused. Credit Report is now clear of defaults and CCJ's so don't want them to ruin it. They are claiming total of £536.31 Seeing as I acknowledged in Jan 2020 to My Jar (not TM) can I offer to pay the difference between the £418 and £450 just to get it cleared? Would the court go for this if I cited unafordable lending due to poor credit file etc? FYI: TM communicate by email. I did request a copy of the CCA from TM on 6 April 2023, their response on 24 April was asking for me to call to go through security questions or email a copy of signed ID ie passport. I replied that I wasn't comfortable providing this signed ID and if they can't prove my ID how can they know they are threatening the right person with court. No reply. Also requested copy of CCA from ACI in 2022 when they were chasing but no response or CCA. Requested CCA again from TM on 13 July after an email saying they had issued court claim. What's the best action to take now? Thanks for the help
  8. Hi there, sorry to jump on but this morning I have received exactly the same Claim Form dated 11 July. For a My Jar account - amount lent was £450 on 21/8/17, amount paid back was £418.56 with last payment 28/11/17. I stupidly did email MyJar in Jan 2020 offering F&F but they refused. Credit Report is now clear of defaults and CCJ's so don't want them to ruin it. They are claiming total of £536.31 Seeing as I acknowledged in Jan 2020 to My Jar (not TM) do I offer to pay the difference between the £418 and £450 just to get it cleared? FYI: They communicate by email. I did request a copy of the CCA on 6 April 2023, their response on 24 April was asking for me to call to go through security questions or email a copy of signed ID ie passport. I replied that I wasn't comfortable providing this and if they can't prove my ID how can they know they are threatening the right person with court. No reply Requested CCA again on 13 July after an email saying they had issued court claim. What's the best action to take now? Thanks for the help Sorry, if I need to create a new thread just let me know
  9. Yes sums all done and ready After my friend hadn't been paid today (after being told this morning she would be) she has just been told they are doing payroll on Monday so will see, won't hold my breath. But I'm all ready for next step, tick tock until 1st Feb! Have a good weekend I'll keep you informed next week
  10. Surprise surprise - no 50% salary payment today! My friend that works there was on annual leave today and had a call to say they are also terminating her contract due to financial problems and not to return back to the office on Monday. Verbally told her she will get paid as normal today and then next month will get her 4 weeks notice. She is also still awaiting today's salary payment! I haven't yet contacted them as want to wait just in case by any miracle it goes in later today. But no payment today then I shall be contacting them and ACAS on Monday to start the ET
  11. I'd already sent them three times a breakdown of what I was expecting and they didn't even acknowledge it. The first time was day after I had my contract terminated (21st Dec) then re-sent it again when they told me they wouldn't be paying me until March (8th Jan). (When they told me they couldn't pay until March they still didn't confirm my outstanding payment or what was owed) Waited 14 days and still no acknowledgement or response so I re-sent again on 22nd Jan and that's when they finally replied saying they will now honour only my 'contracted notice period' but will pay 50/50 Jan and Feb. I'm sitting tight until Friday 26th Jan now as that's our normal pay date, see exactly what they pay me and then I shall work out exactly what I'm still owed and go from there.
  12. Thanks so much for your support I agree they are being bullies. I'm going to draft a reply now - fed up of the stress of first not being paid, now being paid half but also not actually knowing what amount they will pay as they won't respond about outstanding holiday or commission. Oh well, I now have been offered a lovely new job starting beginning of Feb, so its onwards and upwards!
  13. Bit of an update today. Finally responded to my email. Saying they are 'disappointed it its sentiment'. 'As a sign of goodwill we decided to pay you for the whole of January instead of the contracted 4 weeks notice'. 'In light of (my) email they will honor the notice period in my contract of 4 weeks. 50% to be paid at the end of Jan, 50% to be paid at the end of Feb'. 'Consider the matter to be closed'. Well I don't consider it to be closed. My email was only requesting a breakdown of my pay, and a request to come to an agreement regarding payment - as advised by ACAS. I don't think I was in the wrong by asking for acknowledgement. So now they are heading their email as 'Settlement' and 'consider the matter to be closed'. Still no breakdown of what they are paying me holiday and commission wise. Plus looks like now I'll only get paid until 17th Jan instead of the agreed full month. Plus paying 50% Jan and 50% Feb which is still breach of contract. What do I do now?
  14. They paid me in December but my final pay is due on/by 28th Jan (should be Friday 26th). So if I'm going ET route via ACAS I don't need to do an LBA and just go straight to ET1 Claim on 29th January?
  15. Thanks everyone, I shall probably have to go down the ET route as won't have money for the small claims fees. Its now been a week since I replied to my employers email, where I acknowledged their money issues and asked if we can reach an agreement but I've not even had an acknowledgement/response from them. Shall I make contact again to try and get an agreement or shall I just sit tight now and wait for them not to pay me on the 28th and then go straight in with the LBA and ET process? Could really do with getting some £ to pay this months bills but can't see it happening if they can't even be professional enough to respond to me.
  16. Hi, can I use small claims if they are saying they intend to honour the payment but it will be end of March not end of January, which is when it should be paid?
  17. Thanks for all the replies and advice. I spoke to acas who informed me it may be best to try and reach an agreement for payment. I have emailed saying I understand their situation but they must also appreciate that by not paying my money this month it will lead to financial hardship as I have monthly commitments etc. I have asked for a mutual agreement to try and get some money paid in January. Acas said this would look good for me if I ended up going to tribunal, looks like I've tried to compromise and be understanding. But they are in breach of contract too if they don't pay this month. Will see what they come back with, if I don't get a response I can then send another letter stating what action will be taken on 1 February, before starting tribunal proceedings on that date.
  18. Hi, does it make any difference if I know all other employees are still being paid on time? My friend still works there and nobody else has been given letters stating delayed salary Is that breach of contract, discrimination etc as I'm still technically employed?
  19. Just some advice please. I was asked to return to a previous employer in July in a managerial capacity(recruitment sector). Brief overview of what's happened: 14th December they told me no longer able to sustain my salary and wanted to instead offer me a home based role with a near 50% cut on my basic salary but a higher commission. They offered me two options of either £18k and 25% or £20k and 25%. Obviously I was shocked and upset as didn't have any warnings, but they said they wanted to close down my department as not profitable enough but didn't want to lose me. I was then on holiday for a few days so they told me to go away and think about the options. During that meeting I was told the new role would start from 2 January but my salary wouldn't reduce until 1 Feb. Returned to work on 19th December, met with one of the Directoes. We sat down for over an hour, discussing how it would work. Said he would get new contract and order laptop, home phone line etc. On 20th December two Directors walked into my office and said they had now decided in my best interests to terminate my contract and would give me 6 weeks notice instead of 4 and pay until end of January. Literally had to pack up and put on garden leave. On 21st December I emailed for a breakdown of my final salary, commission and holiday payment and got no reply. 6th January receive an email from one of the Directors saying that due to cash flow problems my outstanding money will now not be paid until end of March! So my question is, I'm still employed until end of January, can they withhold my salary? My friend still works there and hasn't heard about anyone else not getting paid. What's happens to P45 as if I start a new job I'll be emergency taxed? Can I claim for interest for late payment? It's left me in trouble financially now as I'm still to find a new job and won't have any money coming in at all in January
  20. Got an email yesterday offering to settle out of court - its a lower amount, but not that much, so going to accept. Thanks for all your help everyone!! x
  21. Have requested the info but doubt I'll get it so shall get an SAR ready to go in a few days! Thanks again
  22. Got my ET date for 12 October. Also received my P45 in the post on saturday which states a leaving date of 31 July 2011. So doesn't look like he is going to pay my notice, expenses or holiday pay so ET it is. Well they've had plenty of chances! One question, how do I get them to disclose various emails that I haven't got copies of because they were my work email on work laptop? I know the dates that they were sent. (didn't expect this to happen so didn't forward copies of the emails
  23. No pages missing as the paragraph about notice is about 2/3 down the 2nd page. they have just ommitted to include it so as far as I'm concerned it will be one month Just checked with my ex-colleague and she is going to check her contract but is pretty sure that as standard it is one month for both sides Thanks for replying so quickly!!
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