Perch/TM Letter of Claim - old uncle buck PDL

[Paydayhostage]

Good afternoon all,

 

I  have an outstanding loan with Uncle Buck from way back in late 2018.

I raised a complaint and dispute with Uncle Buck about their lack of affordability checks but they have simply ignored that and any other queries from me.

 

Now I have received emails and letters (to an old address) telling me it is now with  DCA, TM Legal Services, and that Uncle Buck has instructed TM to "resume county court proceedings, where appropriate" from July 6th 2020.

 

Given Uncle Buck is in administration and the outstanding balance, after their extortionate fees is around £400, are they likely to take legal action?

 

I want my dispute resolved and will remind them of this.

At which point does their communication actually represent a 'last chance' before legal action?

Please advise.

[AndyOrch]

Hi and welcome to the Forum.

 

I have moved your post to your own thread/topic...please continue to post here.

 

Andy

[dx100uk]

Original creditor s dont do court

and tm legal are not a dca

they are a solicitor.

 

who is their stated client?

 

if UB have ignored your IRL complaint as 8 weeks have expired, contact the FOS

 

Dx

[Paydayhostage]

Hi,

 

Their email and letter state "We write further to our recent correspondence confirming that we are instructed to act on behalf of Perch Capital Limited in relation to your  outstanding debt from Uncle Buck Finance LLP,"

 

Thanks.

[dx100uk]

been sold then.

 

 

[Paydayhostage]

Yes, to TM Legal Services it seems.

Aren't they linked to ACI, a DCA?

 

What are the legal ramifications if they're telling me the client may take it to County Court?

[dx100uk]

only the owner of a 'debt' can do court

they can instruct their dogs to sit if they wish

but if they do that's another matter...

 

ACI?

 

 

[Paydayhostage]

Perch Capital owns both TM Legal and ACI (another company I've had some communication from about an unrelated debt). Oddly they adopt the third person in regards to Perch instructing them when they are one and the same company.

 

I want to fight this. At which point is the final threshold when I have to pay or be blemished by a CCj: when they state their intent to go to court, when it reaches court or when the judgement is given? If it goes to Court, am I able to just pay up at any time before the ruling to avoid the actual CCJ?

[dx100uk]

Gotta issue a letter of claim 1st.

 

Tm are sols they don't buy debts

Their stated client is the owner..

 

Check your credit file

Is it defaulted?

 

 

[Paydayhostage]

Hi,

 

Odd Situation. I had multiple Uncle Buck loans between 2016 and late 2018. It's been with TM Legal/ ACI for a since early 2019. One was never paid off. I've just received a letter of claim from TM giving the usual 30 days to resolve.

 

I've complained about irresponsible lending but UB/their administrators send a curt email  in February of this year, stating:

 

"Unfortunately, having assessed your complaint based on the Redress Methodology, I regret to inform you that you do not qualify for any Redress.

For the avoidance of doubt, this represents our final response in respect of your complaint and there is no further recourse beyond this decision"

 

Could I take the complaint to any other party to forestall the LoC and actual court action?

 

Secondly the LoC is for approx £150. Not only a very small amount but actually significantly less than the approx £550 I owe. In fact it is £400 less, down to the penny. Whether this is a mistake or a discount they've applied without telling me, I feel I should take advantage of this and get a payment plan sorted. I did/do only have one outstanding loan with them, so there's no chance of the rest of the balance showing up as a separate action.

 

Am I correct to reach an agreement on this now, assuming the oddly reduced balance stands, or should I dispute further, if that's even possible?

 

Thanks,

 

Edited July 20, 2021 by Paydayhostage

[dx100uk]

Click letter of claim and follow post 2 

 

Dx

[Paydayhostage]

Thanks for your help. If I understand correctly then, you are advising that I complete a reply to the letter of claim and (the completed form) and also send a  CCA request. Is that right?

 

Do I have to indicate if I will defend or not when completing the form (it hasn't arrived yet)?

 

I can see the debt never appeared on my credit file, with any of the agencies, when it was UB, but it was sold to Perch and they have marked it as defaulted. Have Perch done this correctly then, or do I have a defence?

 

Finally, I should point out the "original balance" was around £550 but is now approx. £150, despite me making no payments. I've never been notified of any discounts so Perch seem to have proactively applied one.

[dx100uk]

no being funny but you've been here more than a year and need to get reading up

use our enhanced google search box 

 

perch 

 

you must get yourself upto speed not dip in/out as things progress.

 

a letter of claim is NOT a guarantee you will get a claimform, it's simply a process that fleecing debt buyer are now forced to go thru because all debt buyers were clogging up the judicial system for years by raising annually over 750,000 speculative claimforms when most were for debts not even legally owed.

 

perch didn't default your debt, a debt buyer can't, UB did before or upon sale, the fact to date it's never appeared on the Credit file provider you use is sadly immaterial.

 

you follow post 2 in that thread i pointed to using the PDF attached to it only.

 

just do that, don't play any cards you have until you need too.

 

 

[Paydayhostage]

No problem, Be as blunt as you like. I thought my complaint would be upheld so when it wasn't in February I didn't do anything else or prepare for an LoC. Bad decision.

 

Post 2 is to send the reply form  you've included, correct?

 

As a further bit of info, I work in Finance and am concerned about something like this appearing on an internal credit check. Whilst I believe my complaint should have been upheld, and UB behaved badly, would it not be a wise move to simply pay the £150 balance as it seems to have been discounted heavily?

 

Thanks for your help.

 

 

[dx100uk]

have you replied to the letter of claim as advised yet?

thats your next move.

 

perch didnt discount it UB did as they got hauled over the coals over mass complaints by the FCA/FOS

[Paydayhostage]

Interesting one.

 

I contacted them as I had not received LoC.  They had sent it to previous address. I updated address when I contacted them approx. one week ago ( v hard to get through on phone and they ignored emails)  and they confirmed they would be re-sending it to correct address.

 

However, there's been some dodgy behaviour from then as:

1. They initially said over phone that by calling them I was in fact "responding to LoC". I asserted that I was not and could respond to something I hadn't read. They eventually relented and said it wasn't considered a "response" and that 30 day period would be reset as I hadn't received letter.

 

2. One week later letter still hasn't arrived. Nothing would take this long to come. I have called every day and they can only confirm they "actioned" the request to re-send it and reiterated that 30 day period was reset.

 

3. Even on call in last 24 hours the guy was saying "why don't you just respond to LoC now over phone". I pointed again, that I can't respond to something I haven't read and this seemed to annoy him.

 

I am worried they're trying to run down the 30 days (there is approx .one week left until initial 30 day period would expire), but then I have recorded these phone conversations where they reluctantly confirm the 30 days has been reset. Is there anything else I can do to protect myself?

 

As soon as I get LoC I will respond as per your suggestions.

[unclebulgaria67]

Have you got it in writing that you only owe £150 to pay this debt off ?

 

Personally for a debt of such a small amount, while I would be annoyed paying a DCA, I might be tempted to pay it off, as it is not worth the hassle.

 

Given this debt is fairly recent from late 2018, if it is genuinely only £150 it is not worth anxiety of waiting for letters to be received.

 

And if you work in financial services, why take any risk for this amount. Have had colleagues in the past lose jobs due to CCJ's. One of them was going for a promotion, so the company did a financial background check and a CCJ was found.  No promotion and no job.  

[dx100uk]

you should never be ringing a fleecing DCA they lie! to catch you out or fleece you.

how come they didnt have you correct address before then?

you should be writing to everyone you might owe money to, on credit say you last used/paid within 7yrs.

else backdoor CCJ will start appearing.

[Paydayhostage]

I understand, but given there is a potential time limit I was eager to prevent a backdoor CCJ. I had moved recently and forgotten to update them. I have ensured everyone else has the right address. How should I proceed with TM Legal? The LoC they have apparently posted has still not arrived.

[dx100uk]

You dont need to receive the paploc, simply reply as you did before from your new address

[Paydayhostage]

In 2018 I was in a serious mess, financially.

Over the course of the year I had loans from Uncle Buck, WagedayAdvance, Lending Stream, Wonga, Myjar and others. Not only that, but I had been in serious default on a student overdraft for 3+ years and defaulted on my Vanquis card. Most of the loans I took out were repaid, but I defaulted on everything in December (usual reasons) and never paid most of those back.

 

I'm now in a much better financial position, but still have no intention to pay unless forced to and only one of my 9+ creditors has ever issued a LoC (I agreed to repay that one).Total debt including £1.k overdraft is about £3k and of the balances are under £300.

 

The only one that is almost repaid is the Uncle Buck, which got sent to multiple DCAs and I have almost fully paid off from TM Legal, the final DCA (I have one instalment remaining). Uncle Buck and a couple of the others have admitted they made mistakes lending to me and applied some level of voluntary redress.

 

What I want to know is if I complain directly or to the FCA, do I have a good chance to remove the defaults from my credit file, either with or without paying some or all of the balance back? They should never have lent to me in the first place due to my history and the fact I had payment arrangements with PDLs constantly due to missing those that were agreed.

 

Does the fact that several of these firms are in administration change my chances or the procedure (beyond emailing the administrators rather than defunct PDL)? 

 

Secondly, several of these firms have refused to uphold my complaints, but am I correct to think they may be dishonest (surely not dishonest DCAs/PDLs?!) and that complaining to the FCA is likely to have more success?

Edited March 8, 2022 by dx100uk
spacing

[dx100uk]

old and new threads merged.

 

you (as an individual) cant complaint to the FCA, even after successful redress.

 

as for the defaults, if you can prove that you were (now) not in default at xxx date because of the restructured loan, then complain to the ICO.

typically most of these companies, when they implement a redress following an IRL complaint , automatically remove defaults or the whole account if they WERE wrong. 

 

 

[Paydayhostage]

Apologies for mis-speaking (typing) but I should have written FOS complaint.

 

I can see many people have had success removing defaults from their credit files (and in many cases getting further redress) as a result of an FOS ruling.

 

Each of my PDL creditors has at least a hundred FOS rulings, most of them against the PDL and involving removal of (uniformly negative) credit file activity.

 

Given my file was riddled with payment arrangements (often with people who gave me successive or simultaneous loans!), defaults and constant PDL activity, I think I have a good position.

[dx100uk]

well you still have to go through the companies or their administrators complaints procedure 1st. then after 8 weeks you can goto the FOS.

 

however, if you have already made an IRL complaint, won or not, you only had 6mts to goto the FOS from the time of the companies response.