PoolerBoy
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Posts posted by PoolerBoy
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Someone who seems to regularly read and TM Legal thread lol. I may just be paranoid
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No dx that's exactly how it is.
It's across 2 pages.
No name or check box at all.
Maybe Muriel knows
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there is no name in the signed box, its only the exact time thats all on both. No name or tick box.
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I will do don't worry, taking your advice a sever. However, they cant be left to do as they like either. If its wrong, its wrong. Bullied and lied in writing.
redacted Agreement
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they have sent numerous threats, lies about a CCJ already been issued so pay it now etc.... Statements of arrears which include name, account numbers, lender details and amounts borrowed allegedly. All this to an email address she isn't connected with. That's a breach of GDPR.
I will email them now though.
They sent agreements and DN etc via Royal Mail.
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they have sent a dozen or more to my private email which is no way linked to her or the alleged application. I will report the breach to ICO and FCA.
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Yeah I've read loads this morning. Does it have to have an IP Address? The more they email an email that isn't hers the more they hang themselves I thought.
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What a vile bunch these are...
A letter saying my defence is only a consumer site template and is invalid.
They are threatening to claim over a grand in costs in court unless I withdraw it.
Does the Agreement they sent need an ip address and checkbox on it?
I have another little nugget ready but i wont mention it here as I think they are actually following it. disgusting bunch.
they are also using a different email address to the one on the initial loan, one that doesn't belong to my OH.
Breach of Data Protection that?
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Thank you Andy.
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Please see below my draft defence which needs to be filed soon.
Particulars of Claim for reference only
1. The claimant claims payment of an overdue balance in the sum of £1180.17 incurred by the defendant under a MyJar Ltd unsecured loan with account number XXXXXXXX
2. The defendant failed to maintain payments in line with the agreement and the account has now matured.
3. The account was then subsequently assigned to the claimant and the defendant has been given notice of the accounts assignment.
What is the total value of the claim? £1340.17
Defence
1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
2. Particulars of Claim are noted although the Defendant is unaware of what alleged agreement the Claimant refers to, having failed to adequately particularise its claim, the particulars of claim are vague and generic in nature. The Defendant therefore sought clarification by way of a CPR 31.14 and section 77. To date there has been no response to this.
3. Parts 2 is noted. The Claimant alleges the agreement was breached and the account has matured with no mention of the service of a Default Notice pursuant to sec87 of the CCA1974 or Notice of Sums in Arrears pursuant to sec 86B(2) of the CCA1974 from the original creditor or assignee to the Defendant. Without knowledge of what the alleged agreement refers to the defendant is unable to admit or deny.
4. Part 3 The claimant refers to the alleged debt as being Assigned. The Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136.
5. On receipt of this claim the defendant requested by way of CPR 31.14 and a section 78 dated the 6th and the 14th June 2023 respectively, in which requests for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of a letter. The Claimant has yet to confirm they do or do not have the relevant documents at this stage and are therefore unable to enforce the agreement in court.
6.The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to:
a) Evidence how the Defendant has entered into an agreement; and
b) Show how the Defendant has reached the amount claimed; and
c) Show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974,
d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
7. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed.
8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925 and Section 82a of the Consumer Credit Agreement Act 1974.
9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
any feedback would be great.
Thanks
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CPR Sent to TM Legal and S78 sent to Perch
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Hi Andy
Just looked, it is by the Original Creditor and account closed in 2019. MyJar no longer exist. Dissolved in April following administration from 2020.
Do I cpr and Section 78 these now?
Thanks.
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Which Court have you received the claim from? MCOL Northampton N1
Name of the Claimant ? Perch Capital Limite via TM Legal
How many defendant's joint or self ? Self
Date of issue – 1st June 2023
Date to acknowledge) = 19 June 2023 +
Date to submit defence = 03 July 2023
What is the claim for –
1. The claimant claims payment of an overdue balance in the sum of £1180.17 incurred by the defendant under a MyJar Ltd unsecured loan with account number XXXXXXXX
2. The defendant failed to maintain payments in line with the agreement and the account has now matured.
3. The account was then subsequently assigned to the claimant and the defendant has been given notice of the accounts assignment.
What is the total value of the claim? £1340.17
Amount claimed 1180.17
Court fee 80.00
Legal representative's
costs 80.00
Total amount 1340.17
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
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? Payday loan
When did you enter into the original agreement before or after April 2007 ? After
Do you recall how you entered into the agreement...On line /In branch/By post ? I believe online as they are online only.
Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure
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. Assigned to a debt purchaser
Were you aware the account had been assigned – did you receive a Notice of Assignment? Cannot recall it.
Did you receive a Default Notice from the original creditor? No
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year? Only this year
Why did you cease payments? Hardship
What was the date of your last payment? Cannot remember. During the past 3 years I believe.
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
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Hi all
My wife has had the above on the weekend. Issued 1 June so Today actual issue date. I will post particulars soon.
Do I now send an SAR to TM Legal? Do I send a CPR 14 also?
I have uploaded the claim form.
Thanks Folks.
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As if by magic I was just sitting down to post it.
I won the Very account one on the fact that there was no default notice. Their rep referred to some case where it had been accepted without one but the judge wasn't having it and said nope! Claim dismissed.
The Credit card I sadly lost. The judge said he could read it so I should have been able to.
He cut the court cost by 2 thirds due to them discontinuing one and losing one.
He cut the interest on the Card one by 50% because he said it was unreasonable.
The cheeky Lowell rep then said can he add in his costs as I was unreasonable. The judge said I wasn't and refused.
That was that really. Thanks for all you help on here. It meant a lot.
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That's fine. No probs. Thank you. Is it the case, as long I post if before 4pm Thursday that is ok? It doesn't need to be with them by then?
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Thank you so much for your help Andy
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1
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I think this is what you need....
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Ok so which bits do you need? An example of the account statement and the 6 page written part?
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The agreement and DN are in this post as I uploaded them earlier.
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Hi @Andyorch
Please see figures below:
a. shop direct with reference ########## and current balance of £481.84
b. vanquis with reference ############ and current balance of £###.##c. newday with reference ###### and current balance of £1687.37
Amount claimed £5027.23
Court fee £455.00
Legal Representatives costs £100
Total amount £5582.23
New adjusted claim figures:
Account 1 £481.84 Interest £36.00
Account 3 £1687.37 Interest £102.82
I have had their WS. Its over 180 pages long.
I have uploaded the Notice to Discontinue.
Thank you
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Thanks Andy, I wont but thought it was tomorrow to be safe. Can you help with the WS please?
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Hi dx
Default notice attached. No there isn't an ip address on there as far as I can see.
I've just began the statement and this is V1. Does it look ok for starters?
Can anyone please give me some help? Thanks.
Hello @Andyorchand @dx100uk Could you please give me some advice here on WS as I need it to go in now tomorrow.
Im getting stressed about this now and my health wont allow me the stress.
Thank you so much.
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If you could check the attached agreement please dx it would be good. Thank you.
Also the blurry image is how they sent it to me.
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Perch/TM Claimform - OH's old MyJar PDL Debt
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