Perch/TM - PAPLOC now claimform - old Oakbrook loan through Likely Loans *** Claim Struck Out***

[finaldj]

I've had the same with these guys for a loan thats about 2 years old now with oakbrooke finance for £1600 or £3600 with the interest added on.

I get the odd letter now and again from ACI but they mainly email me.

They did get Resolve Call involved and sent someone to my address.

Nobody was in so they left a card, their latest tactic email came today to say my 21 days are almost up for another RC call to my house with a charge added to my debt because they are using them at my cost. again. 

I wont be in or not answering "they may start the litigation process" if the RC fails to get an answer from me.

This is for an unsecured loan for £1600 (£3468) with interest it's been a debt now for maybe 2/3 years and was finally passed onto TM Legal sometimes late last year. Its a long standing debt to go with other debts I had a while ago.

Ignored them for a long time before TM Legal took over. I've searched the forums and not seen these guys pop up before.

They've sent me a LBC form. I've filled it out with a section 78 request form asking for more information which is the usual, default notice, CA and NOA. Recorded of course, they got it on the 26th

I've had a couple of letters off them, mainly emailing me daily and they've sent Resolvecall out on the 25/4 but the wife told them to go away.

I got an email from them today saying that if I hadn't contacted them by 18.00 today (27/4) then they'll have to take it to court, I guess they haven't logged my response to them yet from the LBC I sent.

I can see DX rolling his eyes now at me.

I'm a bit more savvy this time I hope

Lets see how it goes.

[dx100uk]

well they dont know you are getting the email so usual game for calls/txts/emails block, bounce, report as spam.

what was the loan - a payday loan type thingy?

who are TM legals client? OC's don't usually do court nor PAPLOC.

found a random post from 5 jan 2022 now post 1 here.

why are you wasting money on recorded post?

2nd class stamp with free proof of posting from any po counter is good enough......

[finaldj]

I had a free voucher for recorded delivery for a letter which had to be used by the end of this month it was something sent through work not sure what the reasons for it were. Otherwise it would have been as you said sent 2nd class with proof.

 

Likley Loans were the client, Oakbrooke finance were the creditor as the debt is directed at them. ACI had the debt originally but they have passed it onto TM Legal since May 2022 looking back at my past emails.

 

I've been in dept with the loan since 2019 so it's been a while.

 

I'm not sure if LL were classed as a payday lender it's been a while I just know it was an unsecured loan.

 

As for TM legal services, they are based in blackpool I can only assume they are like Overdales perhaps a legal department of ACI as they mention them in the LBC

 

 

[dx100uk]

TM are sols for hire and typically work with JCI

 

your is not the next move

[finaldj]

Wow the 30 days were up last week to answer to the LBC which I did and I've got proof of signiture. I asked for more time with a Section 78 request

 

I got this email from them today, They sometimes follow this up with a paper copy.

 

You will have received our Letter of Claim however, you have failed to make any contact, payment or maintain a repayment plan regarding the outstanding debt. As such we have now issued a County Court Claim for the full balance.

The Court will issue a Claim Form & Response Pack.
 

On the issuing of the County Court Claim, a County Court issue fee and fixed Solicitors costs were all applied by the Court to the amount that you owe

 

These guys are a set of clowns

 

 

[dx100uk]

could be a bluff

see if you do get a claimform pack in a large windows envelope from Northants Bulk then..

 

dx

 

[finaldj]

I got this email from them today.....I got 2 seperate emails, the other has the "attached" credit agreement copy which I haven't opened.

 

Please find attached a copy of the original Credit Agreement. We trust this satisfies your request. The document is password protected with your date of birth in the following format DDMMYYYY.

A County Court Claim was issued against you on the 2nd May 2023 and a Judgement is pending, you should have received a Response pack for you to complete which was sent to your last known postal address.

 

We have to advise that if you want to avoid the County Court Judgment being granted against you, lasting 6 years on your credit file, the balance must be paid in full. Please return all paperwork to the Court.

Alternatively, we can offer you a Prevent Judgment Arrangement to prevent the Judgment over a maximum of 4 repayments. If you wish to take advantage of this you would need to action this as a matter of urgency by calling the office on 01253 531016 as the Judgment is pending and if granted, we cannot honour the offer.

This would be £938.43 per month with the first payment due on the 12th May 2023.

If the above is not affordable you can enter into a monthly repayment arrangement. Again, whilst we will accept this, we must inform you it will not prevent the Judgment being granted against you.

Please confirm your affordability by completing an income and expenditure at www.tm-legalservices.uk/login.where you can also set up a payment arrangement for a date preferable to yourself by Direct Debit. Alternatively, you can contact the office on the number above and speak with one of our Case managers who will action your account accordingly. Please action this by the 12th May 2023 to prevent further communication from this office. 

 

What a crack pot these guys are. I haven't even touched the other email to look at the agreement as I sent mine by post, I haven't nore shall I respond to them by email.

 

I'm just going to sit back and wait for the court paper work to turn up, if it turns up. They know my address because they have written to me a few times lets see how it plays out.

[dx100uk]

how did they get your email?

if the claim does come

you need to kill that by telling them not tot  use it.

 

its prob not a bluff so redact the agreement and lets see their cards.

 

dx

 

[finaldj]

#3 You suggested I deleted and blocked all emails from them?

 

They probably got the email from the original company I got the loan with when they bought the debt.

 

Looking back at documentation I kept when I did get a loan with Likely it looks legit right down to my bank account details and time I signed up. I don't have the original contract but the other emails I do have confirm this looks pretty legit. The only things they didn't send to me was the notice of assignment or the default notice just the credit agreement.

 

I'll pop up the redacted document sometime tomorrow but this is probably one not worth fighting in court like I did with overdales and perhaps coming to a payment terms with them.

 

It won't be much anyway my wife isn't working at the moment

[dx100uk]

no NOA and DN are fatal to a claim..dont get scammed

 

 

[finaldj]

Of course I wouldn't proceed any further without advice on here first, I'll punch up the file tomorrow for you to see looks legit as I said but they haven't provided the others I asked for as part of the section 78. Not even sure why they are using email I might not even use that one anymore so you think they'd be more up on sending documents by letter.

 

Trustpilot reviews of this company are more or less 1 star, they tend not to mess about with letters and calls and usually head straight to court. They apparently like to obtain CCJ's as quick as possible and won't often deal with things via letter and often pressure people into calling them.

 

I'm a bit deflated from the last one where I spent hours putting a case together for the judge to show no interest in the NOA or Agreement and just winged it with the DN and didn't read the file and found in favour towards them.

[dx100uk]

you only get agreement section 78 , as for the rest that would be a CPR 31.14 IF the claim is real, but bottom line is they HAVE to produce them at disclosure stage in their WS ...if if if it ever gets to that stage.

 

don't forget it's a speculative claim phishing exercise to see if you'll wet yourself and make a fatal mistake during the court process..

 

DON'T!!

 

dx

 

[finaldj]

Please see the agreement document attached. I don't have the original unless I've kept it on file somewhere but it looks legit to me?

Likley Loans agreement document.pdf

[dx100uk]

anything in that box you blanked out?

how did you apply for the loan?

online?

 

dx

 

[finaldj]

Yeah loan was applied for online, only things blanked out are names, address and anything with account numbers on and bank details. Last box has my digital signiture but you'll see under that the date and time I did it.

 

I applied for it through clear score which showed up as something daft like 90% approved based on my credit score and other etc took me to their website from that point so did it direct through them then.

 

* meant to say anthing that looks blank where there should be text is what I removed*

Edited May 8, 2023 by finaldj

[dx100uk]

so if you signed up online there should be an IP address 

missing huh?

 

this could be fun proving where and when this loan was signed up to.

 

 

 

[finaldj]

I'm confused

the other contracts they sent me on the other debt I had never had IP address on them and the courts 2 different judges said it wasn't relevant?

 

On a side note I got the court letter today, dated 2 May so will need to file my defence by the weekend really.

 

Could I claim that they were an irresponsible lender considering I was in debt at the time with about 7 different companies? I got the loan based on clearscores recommendations?  this would probably be my defence I would go down,

I haven't much more to go with on this one.

 

I did ask the company at the time if they would take the interest off the loan which they wouldn't so the loan price was double with the interest they have included all that when passing onto a DCA.

 

Just remind me when should I send in the CPR 31.14 for for the DN and notice of assignments?

 

See the attached court file (I've removed my address)

 

Likely Loans court form.pdf

[dx100uk]

please complete this:

likely loans are not the claimant and are nothing to do with it now. perch capital are.

your defence is not due for 33 days....

any IRL complaint would be against the original creditor nothing to do with the court claim.

get the q&A done please

[finaldj]

Which Court have you received the claim from ? Northhampton county court

 

Name of the Claimant ? Perch capital limited

 

How many defendant's  joint or self ? Just me

 

 

Date of issue – 2 May 2023

 

Particulars of Claim

 

What is the claim for – 

 

1. The claimant claims payment of an overdue balance in the sum of (£3468.72) incurred by the defendant under a likely loans, unsecured loan account number (is 10 digits long)

 

2. The defendant failed to maintain payment in line with the Agreement and as a result the account was terminated.

 

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? £3753.72 with court fees added
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes I asked for more time and sent a section 78 asking for copies of the agreement which they sent me a week later
 

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? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Unsecured Loan
 

When did you enter into the original agreement before or after April 2007 ? After 2007 around the start of 2018

 

Do you recall how you entered into the agreement...On line /In branch/By post ? I filled out an online form
 

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.

The account was assigned to TM Legal Services from Perch Capital who are the Claimant so not sure who TM Legal I assume as they are asking any documentation be sent to them
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't recall now if I did I don't have the documents to show this
 

Did you receive a Default Notice from the original creditor? I don't recall now if I did I don't have the documents to show this

 

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? A payment plan of £5 a month was in place for 6 months to be reviewed after. When the 6 months came to an end and my situation hadn't changed they wanted the full original monthly payments regardless which I didn't have £60 a month so passed the debt onto a DCA
 

What was the date of your last payment? Unknown probably around 2019 just before it was passed onto a DCA
 

Was there a dispute with the original creditor that remains unresolved?  Only that I wanted to keep the £5 payments up a bit longer and they didn't beyond the 6 months before it was passed onto a DCA
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? es I did £5 for 6 months to be reviewed after 6 months. Interest was added to the loan at the start so the debt was sold on double what the loan amount was after 6 months months they weren't interested to keep the DMP going and passed it onto a DCA I asked for the interest to be taken off but they refused.
 

What you need to do now.

 

CCA request was sent see post #15 of the agreement they sent me

 

Court claim I need to respond with in the allotted time which I haven't done just yet

 

CPR 31.14 needs to be sent to get the DN and notice of assignments. I will do this once I have registered online with the courts

 

Copy of the front page of the court form sent to me from Northampton on post #19

 

[dx100uk]

1 hour ago, finaldj said:

The account was assigned to TM Legal Services from Perch Capital who are the Claimant so not sure who TM Legal I assume as they are asking any documentation be sent to them
 

 

EH?

 

On 28/04/2023 at 10:21, dx100uk said:

TM are sols for hire and typically work their stated clients

 

solicitors represent clients in court matters, the debt is not assigned (sold) to them

 

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 CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
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]

 

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

[finaldj]

Everything is done as reported above I just need to get the CPR sent off which I'll get that done at the weekend for next week. when you say listed for the CPR it's not listed down on any documentation would it be best sending the form off to both the claiment and solicitor?

 

If they provide the documents, how do I proceed to defend this one?

Edited May 18, 2023 by finaldj

[dx100uk]

just fully follow the guide eh? thousands have

 

stop always getting confused

dx

 

[finaldj]

Just to confirm I filled out the mcol last night online. The court letter was dated 2 May so I should get 19 days to respond? Plus a further 14 days. I should be within the 19 days till Sunday this week?

 

TM legal I assume are just baiting me are saying they are giving me 48 hours to contact them or they are going to ask the courts for a CCJ to be entered against me.

 

Overdales were laid back but these ones are putting a fight up from the off.

[AndyOrch]

Friday 2nd June by 16.00 = 33 days 

[dx100uk]

the ones that shout the loudest are usually the ones that lose or discontinue as they know they have no cards.. TM are masters at that....