Perch/TM Claimform - sons old Lending Stream PDL

[merlin100]

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.

 

 

[dx100uk]

moved to legals

 

lots of like claims here exactly your players

 

please complete this and we'll get you moving.

 

 

[merlin100]

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.

Edited November 30, 2021 by dx100uk
merged data and formatted

[dx100uk]

sorry i see you put the poc in post 1...

 

are there any agreement numbers in the POC?

 

 

[merlin100]

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?

[dx100uk]

Thata good for him then.

we've seen perch or someone try this before.

should be a walk in the park win.

 

ill post later with a guide for doing aos,cca and cpr bit.thats next.

out with sheep all day poss

[Andyorch]

Quote

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?

 

You have until Tues 7th to complete your acknowledgement of service but there's no reason not to do this today.

Everything else you seem to have in order so there's very little to do except prepare your CPR 31.14 and read other topics start looking at draft defences.

 

Andy

 

 

 

.

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[merlin100]

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.

[dx100uk]

what about the CPR request to TM legal?

yes we have defences along those lines.

 

there are also numerous threads here already on perch claimform, get reading as many as you can in the time before your defence is due.

 

use our enhanced google search box on most of our pages.

 

dx

[merlin100]

Havent done the CPR yet dx. Work calls - but will have time to sort it tomorrow.

[merlin100]

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?

[dx100uk]

On 30/11/2021 at 23:23, merlin100 said:

Claimant - Perch Capital LTD

sols TM Legal

 

Issue date 19.11.2021

 

date for defence  - 21st December.

plenty of threads here to read and understand what to put in your defence

use our enhanced google search box

 

perch/tm claimform

[merlin100]

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.

[dx100uk]

yep std letter.

 

might be an idea to start reading up here now 

a few 10's of court claim threads so you know what might be next, how to react and what to do as the claim progresses through its stages.

 

use our enhanced google search box

 

perch claimform PDL

[merlin100]

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?

[dx100uk]

you mean N180 DQ?

 

dx

 

[merlin100]

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

[Andyorch]

Part of the process the claimant wishes to proceed.

 

 

 

 

[merlin100]

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.

 

Edited February 1 by dx100uk
spacing

[Andyorch]

Mediation and allocation of the claim is just the next step.....you agree to mediation then when they contact you to arrange appointment inform them you are not in a position to mediate as the claimant has not complied with your requests and you dont have a clue what the debt is.

 

Then the claim proceeds to allocation alone......then they will have to disclose the documents...or discontinue the claim.

 

From your post above its obvious that you have not read any other threads of the same otherwise you would understand it and already know the process.

 

Andy

[dx100uk]

not sure how many times we need to state:

 

On 29/11/2021 at 23:35, dx100uk said:

lots of like claims here exactly your players

 

On 01/12/2021 at 22:59, dx100uk said:

there are also numerous threads here already on perch claimform, get reading as many as you can in the time before your defence is due.

 

use our enhanced google search box on most of our pages.

 

dx

 

On 18/12/2021 at 23:00, dx100uk said:

plenty of threads here to read and understand what to put in your defence

use our enhanced google search box

 

perch/tm claimform

 

On 04/01/2022 at 23:16, dx100uk said:

might be an idea to start reading up here now 

a few 10's of court claim threads so you know what might be next, how to react and what to do as the claim progresses through its stages.

 

use our enhanced google search box

 

perch claimform PDL

 

dx

[merlin100]

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?

Edited February 1 by dx100uk
spacing

[Andyorch]

Quote

It simply seems to me to be a complete waste of time. Without further evidence it cannot proceed.

 

Your not at the stage were they have to disclose their evidence yet...and its precisely what they hope you will think and throw in the towel.

[merlin100]

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.