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Perch/TM Salford Fast Track Claimform - Progressive Money loan from 2016


gibson71
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Yes, I'm not in my right mind and realise it's not ideal, apologies.  I need to know if I am obliged to use the N265 form for standard disclosure?  My worry is that this is a signed document and I am not happy about them having samples of our signatures.  Every signed document thus far has been filed with the court and a blank copy sent to TM Legal.  My list of docs so far:

1.       Copy CPR 31.14 request dated 11 November 2022

2.       Copy request under Consumer Credit Act, section 77, dated 12 November 2022

3.       Certificate of posting of 2 above along with receipts dated 14 November 2022

4.       Proof of delivery by Royal Mail dated 21 November 2022

 

I I am expecting that once they realise that they have not complied with our CCA last November, they will proceed to do so!

 

I

 

Ii

Edited by gibson71
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as with the other docs ...the TM copy does not need to show your sigs!!

sorry but they are running rings round you two and you are both openly encouraging them to do it by always jumping through their hoops like good doggies........ STOP IT!!

dx

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The standard disclosure is only to them and not to the court so that's why I was asking about signatures. 

Previously when filing with the court, I have given them signature versions but not TM Legal as you say. 

Do we still need N265 and, if so, how do I fill this in? 

I don't really understand what you mean, we are really struggling with this and being berated is not helping!! 

We are trying to comply with what the court has ordered, that's all. 

 

Is the list of docs I have attached OK or is anything missing?

28 June is the deadline for us requesting to see any of their list of docs but I assume this is not relevant.

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serve on both even though the court is not involved.?

that way the courts will see theirs is signed?

TM's copy names can be typed.

CCA/CPR is all you'll have to date of course.

dont forget to duplicate for both defendants

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cag is also self help....... if i can type in N265 in oursearch and find this

so could have you....

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

You don't file the N265 with the court its between parties to simply exchange.Read your Notice of allocation instructions.

As for the list it should only contain documents referred to either in your defence or/and witness statement.....if you have not referred to a doc it does not go on the N265.

 

 

We could do with some help from you.

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Just sign it...or sign it in an unusual way....we are beyond lifting signatures at this stage of the claim.

 

Quote

28 June is the deadline for us requesting to see any of their list of docs but I assume this is not relevant.

 

Why is it not relevant...?  You go by the dates in the Notice of Allocation....not what the claimant says.

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Well if there is nothing on it you require or you already have them then I suppose no....only you will know that :classic_happy:

We could do with some help from you.

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List of documents now filed.  Next task is witness statement by 26 July.  Please could you check over the latest draft of my witness statement at #169?  I have taken into account suggestions and amendments previously given on this forum.

 

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Its easier if and when you receive the claimants statement to compare and refute ...time permitting unless they file late.

Here is your draft for easy reference.

Draft Witness Statement.pdf

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Notice of Trial Date received and attached. 

I've also had an email today from TM Legal requesting copies of all 4 of our list of documents, is this OK to provide? 

As before, I presume they will now provide a response to the CCA request now they are aware of it and that they haven't complied. 

The hearing is in Newcastle and not in Durham - is there any way I can request it be heard in Durham or change the time to afternoon instead of morning?

Thinking of worst case scenario here, if they manage to obtain a charging order following CCJ, could we try and get a condition attached that they can't force a sale of our house?

 

Notice of Trial Date .pdf

 

One last question ...

if their list of documents lists at number 6 "Reconstituted Credit agreement dated 25.02.2016 together with the terms and conditions",

does this mean they can get away with not having any signatures?

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something fishy going on if they cant get the signed agreement imho.

must be why the oc sold it on.

not too sure on giving tm what they want, again sounds like they want to fake up more docs to counter you defence/ws/.

it should be at your local court you requested on your n180?

dont know about the rest but orders of sale a very very rare.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Check with the court to see if there is a reason that its been moved and why not held at Durham.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...
  • 3 weeks later...
20 hours ago, gibson71 said:

It appears that they are going to file tomorrow, the very last day. 

Interested in how you know this have they wrote to you tell you this fact ?

With regards tot your statement there is no set right or wrong as its your own particularised version of why you  are defending in your own words. if you feel that you have raised all the errors of the claim then its fine. In fact it looks almost identical to one that I have done in the past. :classic_wink:

The layout form and content are correct and it contains the statement of truth .Given you still don't have the claimants statement (until tomorrow) I would hang on for another 24 hours and then you can check yours counters theirs.

 

Andy

We could do with some help from you.

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23 minutes ago, Andyorch said:

Interested in how you know this have they wrote to you tell you this fact ?

How do you know they are going to file and serve tomorrow?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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