Perch/TM Letter of Claim now claimform - old Avant Credit PDL

[disneygirl]

Hi

Another day another problem, O/H handed me this yesterday (refer attached PDF).

Is this a legal Letter of Claim?

 

As it appears to be missing some of the information as required by the Pre-Action Protocol for Debt Claims as follows:

 

3.1 The creditor should send a Letter of Claim to the debtor before proceedings

are started. The Letter of Claim should –

 

(a) contain the following information –

 

(v)	where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom;

 

(b) do one of the following –

 

(i) enclose an up-to-date statement of account for the debt, which

should include details of any interest and administrative or

other charges added;

 

(ii) enclose the most recent statement of account for the debt and

state in the Letter of Claim the amount of interest incurred and

any administrative or other charges imposed since that

statement of account was issued, sufficient to bring it up to

date; or

 

(iii) where no statements have been provided for the debt, state in

the Letter of Claim the amount of interest incurred and any

administrative or other charges imposed since the debt was

incurred;

 

The attached pdf shows none of the above.

 

Now curious I checked Equifax to find the Avant Credit loan mentioned is not shown as defaulted on payments, but shows 6 or more payments late..

 

Continued checking to find a Pay Day / Short Term Loan from PERCH (I) listed to the same value as the amount outstanding on Avant Credit….

 

Who the xxxxxx is Perch?

Certainly have not taken out a payday or other type of loan with them.

 

also saying I must complete income expenditure form and return it to them

 

As before appreciate any and all advice.

 

 

TMLegal_01122021_redacted_combined (1).pdf

[dx100uk]

follow post 2 of the letter of claim thread.

 

dx

 

[disneygirl]

do I answer there "reply within 30 days" or not

thanks dx

 

ignore post #1 just re read and answered question

[lee19921992]

likely statue barred anyway

[dx100uk]

depend when last payment was?

 

[disneygirl]

not statute barred last payment on bank account 30/01/2018

[disneygirl]

hi

trying to complete CAG reply form PAP

I am stuck on box D - I dispute this debt because.."recommended reason as advised from your thread"

would a reason be - insufficient information received to make a decision and the debt purchaser has yet to provide any or all of the required documentation?

ty

[dx100uk]

There wont be one. Use the default one already on our form

[disneygirl]

that was my first thought dx, except there is nothing in box D after - 

I dispute the debt because ……? yes I am using CAG reply form PAP

 

 

further research shows this setup is a clone of lowells - 3 companies, same address, phone numbers same but different last 3 digits - who wears the dress and sits closest to the door I wonder?

 

quote from their web site -

If you’ve received a letter or email from us about an account or you want to talk to us about your situation, please contact the company who is managing your account on our behalf.

 

This is usually one of the companies below. -

well I have paperwork from 2 of them so who do I deal with ?

or do I send to both (CCA)?

 

[dx100uk]

perch/tm are nothing to do with lowells.

 

dx

 

[disneygirl]

OK plan of action send to:

1. OC = CCA + CPR 31.14

2. debt purchaser = CCA

3. master servicer on behalf debt purchaser = CCA

4. sols of debt purchaser = CPR 31.14

presume I need separate envelopes for 2/3/4 even though all at same address but different names?

ty

[dx100uk]

what are you babbling on about

its not a court claim.

 

Pap reply to Solicitors

CCA to sols client 

AS POST 2 of the letter of claim thread 

[disneygirl]

babbling correct -- sorry

[disneygirl]

Hi

paperwork sent as post 12 

pap reply to Solicitors

CCA to sols client 

only reply received is attached and redacted

thanks dx

 

2022-01-17 TM reply to my LOC reply awaiting Pwork.pdf

[dx100uk]

Pigs might fly..

 

DX

[dx100uk]

Open

Dx

[dx100uk]

please complete this:

 

 

 

[disneygirl]

Thanks dx

Will check credit ref and sort paperwork tonight

[dx100uk]

why do you need to check CRA file?

 

get the sticky done please

 

dx

 

[disneygirl]

Which Court have you received the claim from ? County Court Business Centre NN1 2LH

 

MCOL Northampton N1 ?

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

 

Date of issue –  20th July 2022

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claimant claims payment of an overdue balance in the sum of 1740 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number ....

 

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? 1739.60
 

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? 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 April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

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 ? Yes
 

Why did you cease payments? Financial constraints problems
 

What was the date of your last payment? 30th January 2018
 

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

CCBC J8K15K97_REDACTED.pdf

[dx100uk]

what is the point in redacting a doc when you use the claimform number in the filename and on the claimform?

do you want the fleecers to ID you here?

 

dx

 

 

[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]

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

 

[disneygirl]

Hi

apologies for basic mistake in post 20

I should know better

re post 22

MCOL completed

CCA posted to sols 04-01-2022 reply is post 14 in attached doc

CPR 31:14 completed and will be posted tomorrow

 

[dx100uk]

But they did not reply with any CCA return.?

Send a new CCA too

 

DX 

[disneygirl]

Hi

CPR and CCA in same envelope save a stamp?

things are tight as we all know