Perch/TM Claimform - sons old Lending Stream PDL

[AndyOrch]

Yes requesting CCA/CPR are rarely ever complied with pre defence...look on it as your both setting your stalls out...once the claim has been allocated...the court will direct them to disclose all documents by  x date.

 

More on that when you get to that stage.

[dx100uk]

31 minutes ago, merlin100 said:

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?

 

no utter rubbish. but i can see where you can read and think these things... it's a speculative claim, call it like a game of chess.

 

the creditor or more correctly the debt buyer A DCA simply issue about 750'000 of the speculative claims every year.

85% go undefended and they get a automatic default judgement whereby no human sees anything, or people wet themselves and cough up.

 

the mediation service is not there to scam you, and is not interested in your defence or prospects of winning or losing, purely to see if they can narrow any issues like no paperwork or poor paperwork to that date. you do not have too and indeed should not enter into any mediation without any as you cannot make an 'informed decision', which is one of the questions asked several times leading too and on the day. 

 

for now you agree to mediation, thus entering into the 'spirit' of the service, giving the fleecers as much time as possible to make their fake paperwork, which is what it will probably be, but if on the day they still haven't ...you say NO!! to mediation.

 

just remember one major point... why would an international lending company sell a debt on for about 10p=£1 rather than crushing you in court...urm..something smells..

 

plenty of info here in those or any claimform thread

 

you'll soon get the idea.

 

just dont give the fleecers an email AD or allow them to use one, else they'll file their fake stuff 1 min before a deadline removing your chance to rip it apart!!

 

dx

 

[merlin100]

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.

Edited February 1, 2022 by dx100uk

[dx100uk]

they dont and don't 'check' paperwork, because without paperwork to be able to make an 'informed decision' you'll never be entering mediation in the 1st place!

 

they are purely there to narrow any issues between the parties and to try and settle the claim thus avoiding court time. end off!

[merlin100]

Not according to Droony19s post and his/her experience with mediation

[dx100uk]

bit of an oxymoron case and totally not relevant to your situation .

 

Droony19 was the claimant there.....

you are a defendant ...

 

a very important diff.

 

dx

 

 

[merlin100]

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".

 

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?

 

 

 

[dx100uk]

On 01/02/2022 at 22:23, dx100uk said:

 

just dont give the fleecers an email AD or allow them to use one, else they'll file their fake stuff 1 min before a deadline removing your chance to rip it apart!!

Urm...^^^^

 

STD practice in 99% of DCA speculative claim form threads... it's called intimidation and harassment.

 

Get him to send one email..this nor any email address you have for me must not be used for any purpose whatsoever to do with our mutual business,

 

Dx

[merlin100]

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.

 

[merlin100]

Ive got the same agro with Perch and TM regarding a payday loan my son had.

Perch/TM Claimform - sons old Lending Stream PDL - Page 2 - Financial Legal Issues - Consumer Action Group

 

TM threatened legal action so I hit them with a CCA Request (to Perch) and a CPR31.14 to TM. Neither one bothered to reply and eventually issued court proceedings.

 

As advised by dx, I agreed to mediation in which I stated I had no information with which to mediate as they had not replied to my requests, so mediation fell there and then.

 

Several weeks later I got a very snotty letter from TM informing me that my costs would double when it went before a Judge and that they would report my actions to the court as vexatious and a waste of the courts time.

 

now been transferred to Leeds CC and we are waiting for a date of hearing.

 

They can get quite intimidating and go over the top with their threats but they are trying to mislead by accusation of vexation.

 

Seems to me that they dont know what the word means or who it applies to.

 

Might come in handy though to suggest intimidation in court.

 

[dx100uk]

open

[dx100uk]

what happened??

 

dx