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

[finaldj]

So should I give them a call and ask them if they'll do this?

[dx100uk]

reply to the recent email.

simply state you are willing to enter into a tomlin/consent at £PCM to settle the matter save to costs.

start at a very low £PCM but be prepared to up it a bit once.

they will always go for a silly £PCM figure stand your ground

they might want an I&E too....

see what they respond with.

 

dx

 

[finaldj]

Do I ask them in the email if they will agree to a  tomlison agreement and stay the matter with court?  or not mention that and just say  in the email - in light of the recent return of the CPR 31.14 information I with to enter into a monthly agreement for such amount (low offer of course to start with)

 

I'm a little worried as I put to fully defend the claim on the Mcol site and done nothing more with it at the moment I need to file something by 4pm Friday this week

Edited May 31, 2023 by finaldj

[AndyOrch]

Go a head and submit the defence for now that will allow breathing space and to be able to enter mediation. In the meantime do as advised and respond to their letter and suggest that you would be prepared to enter into a settlement by way of a Tomlin Order. (no figures or offers at this stage) Then see how they respond and what's on offer. 

 

Once the defence has been submitted you will have plenty of time to agree and finalise the Tomlin.

 

 

.

[finaldj]

Thanks Andy/DX

 

I've emailed the company asking them if they'll agree to the tomlin order and a payment plan. I'll wait to see if I get a reply later on and if not file my defence tonight

[AndyOrch]

Good yes file the defence I tweaked (irrespective if you get a response or not) and that will allow a good 2/3 months to prepare and negotiate.

 

 

.

[finaldj]

Hi guys back with an update from TM legal. This is there response to the Tomlin order I requested and offer of £10 a month.

 

We write regarding the above.

Thank you for your recent email whereby you have proposed an offer of repayment for £10.00 per month by way of a Tomlin Order. Unfortunately, due to the balance outstanding and the amount offered, our client would not be willing to agree to a Tomlin Order.

It has since been noted that you have recently filed a Defence to our County Court Claim, a response to which will be sent in due course. We may be instructed to continue with the claim and oppose your filed Defence.

Moreover, we would also point out that the Defence filed is in a format that is circulated on consumer-based websites whereby Defendants are encouraged to use this template in order to avoid repayment of their debts. You will note in your defence that it is alleged you are still awaiting copies of documents requested, an email response was sent to the email address ‘g.co.uk’ on 31/05/2023 with an attached document containing the requested documents.

This letter has also been further referenced in your email regarding a Tomlin Order.

Whilst we appreciate this may not be suitable for your circumstances, we have been instructed by our client to offer an arrangement across four months which would prevent judgment being requested. If you feel this would be affordable you may contact our office to enter this arrangement on 01253 531 061 as a matter of urgency.

If this would not be affordable for you, we’d like to ask you to complete an income and expenditure form to gain a better insight into your current affordability. You can complete the form online at https://tm-legalservices.uk/budget-form or you can also call our office to go through your income and outgoings with one of our Case Managers.

We ask that you complete the Income and Expenditure form by the 15 June 2023.

If we fail to hear from you further, we could be instructed to continue to trial, where Judgment may be granted against you and costs may be awarded in a sum up to £900.00.

[dx100uk]

1 hour ago, finaldj said:

oppose your filed Defence.

so what.

1 hour ago, finaldj said:

we would also point out that the Defence filed is in a format that is circulated on consumer-based websites whereby Defendants are encouraged to use this template in order to avoid repayment of their debts.

so what.

1 hour ago, finaldj said:

where Judgment may be granted against you and costs may be awarded in a sum up to £900.00.

utter BS!! its small claims!!

all sent to frighten you into accepting.

nope write back stating you can only goto £25PCM (ideally it should be about £57PCM over 5yrs)

[finaldj]

I offered them £20 and filled out the I&E form as there wasnt anything to lose in doing that. I've probably got room to go upto £30

 

Yeah I brushed off most of that email to be honest I wasn't scared, Having already experienced court once for a Debt it wasn't as bad as I thought it would be. First judge seemed nice enough, 2nd one well as you said already judge lottery he couldn't be bothered that 2nd one I was the last case of the day he'd probably had enough by the time I got to him.

I got a further response back to my I&E form plus the offer of £20 a month I offered. They wan't me to call them, even though I stated from their own website that communication be either phone or email and I selected email. So I won't be calling them. I'll email them back later just reminding them that I have complied with what they have asked and let them know that I want all communication in writing.

I'll be in a better position come November next year as I'll free up nearly £200 a month towards my debt payments as I've been paying off a CSA debt for the last 6 years and it will be all cleared by then. It's one debt where the CSA actually messed up themselves and nothing to do with me. Still had to pay it back though.

In another 2 years time when my daughter starts high school I'll free up about another £250 a month from afterschool club fees so £450 a month to help clear these debts off

 

 

 

 

Edited June 9, 2023 by finaldj

[finaldj]

Further update to my last post, As I said I went from offering them £10 a month to start with and they rejected that offer but asked me to fill in an affordability assessment which I did and I increased the payment to £20 a month there was room for £30 However They wrote and email to me asking me to phone them and no mention of the assessment I filled out or the £20 offer a month. again I stated that this could be looked into again in the future it might mean I can increase payments.

I also said to them I don't understand what they would want to talk to me about on the phone and that I would prefer communication via post or email and that I had done what they asked me to do but not yet responded to that. I've heard nothing for nearly a month till tonight.

I was copied into this email to the courts stating this and they have completly ignored the fact I filled out an assessment form and never bothered to react to that. I guess we are pushing ahead for mediation and probably onwards for a court hearing as I've no doubt they'll accept any payment plan other than in 3 installments despite saying contact them if I wish to set up a payment plan

 

 

Dear sirs

 

We write with regards to the above matter and confirm we act on behalf of the Claimant.

We confirm that the Claimant intends to proceed with the matter.

the Defendant has been copied into this email.

Kind regards

 

 

Litigation Department

TM Legal

[AndyOrch]

Don't panic still plenty of time...keep copies of the rejections and your offers.

[finaldj]

What is the waiting time for court?

I've checked the Mcol site and this was the last entry

 

your defence was received on 01/06/2023 at 16:05:10

 

I'm sure my last  appearance didn't take this long. The company has stopped all communication now so not heard anything from them since the last email that was sent to the court from them saying they still want it to go ahead

 

[dx100uk]

so the claim is stayed 

yours is not the next move then.

 

[AndyOrch]

It would appear they didn't take to your defence 

[finaldj]

DX100 just to refer back to post #61

that post was from an email I got from TM legal I was copied in to ccbc justice.gov email address stating to them that they still wanted to go ahead with the court hearing. This was on the 30 June. I've heard nothing since and my defence was submitted on the 1st June. with the time lapsed like this would that be correct then it is now "stayed" I wasn't sure if there was a cut off point or not once the process was started off this far as to submitted defence statements?

 

Andy - I can't remember from my last one. once I submit my defence to the court, they of course need to submit one as well? I know the court told me they would send them a copy of the defence I sent in but 30 days passed from this point to them telling the courts they wanted to proceed still but it's all gone cold now we haven't even got to the point of getting letters asking for mediation yet and dates needing to be set for that.

Edited August 10, 2023 by finaldj

[AndyOrch]

They can submit a response they wish to proceed..they  dont submit a defence.

You wont get to mediation and allocation until the claimant's inform the courts they wish to proceed.....then you receive a DQ,

Your last entry above is defence received so not proceeding at the moment unless they make application to lift the stay.

[finaldj]

I got a letter today for the small claims track. N149A form & N180 form

I'll get it sent in next week. So it looks like they want to go ahead which is fine. I'll tick the box for Mediation and ask for my local court.

This should be a faster case than my last one.

They've supplied me with all the paper work I asked for in the CCA request and I have even offered a payment plan and filled out a income & outcome form out and they ignored that and asked me to call them.

I emailed them back asking for it all be done in writing as so far I have complied with everything they have asked of me in terms of coming to an agreement and you've ignored my offer of payment upping it from £10 to £20 a month after filling the expenditure form out.

This is where it all ended.

if we do which I suspect we will end up in court I won't need to submit mounds of evidence like last time.

My defence this time will be lack of communication and an unwillingness to avoid court be not accepting any kind of payment offer

[dx100uk]

dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[finaldj]

No problem, will get that filled in tomorrow and sent off, not much really to fill in with this one.

I got an email copy from TMI today.

They've ticked "no" to mediation

&

"no to a hearing it without a hearing"

Reasons - The Claimant respectfully submits that the matter is not suitable to be determined on paper due to the contents of the defence and the need for a cross-examination of the Defendant.

Sounds like they want a crown court hearing and Jury lol. These have to be the worst debt company I have dealt with. one minute sending me letters saying we are here to help and the next sending threatening CCJ letters.

Not sure what contents of the defence they think I need to be cross examined on.

I filled out the LBA at the end of the 30 days requesting more information by way of CCA request.

They sent me this information about a week later but had already applied to the court 2 days after the 30 days had ended.

They hadn't given enough time for the information to get to me before applying for court so there was no room once the information was supplied to enter into a payment plan. At this point I filed my defence,

in between this happening I asked for a tomlin order with a £10 initial offer and they refused sending me a link to fill out their expenditure form.

I did this upping my offer to £20 a month with a plan to review future payments if my circumstances got better.

They replied to that asking me to call them.

I emailed them back stating I have done everything they asked me to do and would like everything done in writing to discuss further.

They ignored the email and I haven't heard anything for months until this letter turned up.

So hear we go

[dx100uk]

eh? you dont get a jury in courty court.

you'll need to tell them not to use email soon. 

else they'll file fake documents 1 min before a court deadline /

dx

[finaldj]

RE - Jury, I was being sarcastic about the DCA wanting it to attend court so I can be cross examined.

I'm not sure why they are persistent in wanting it to go to court considering I have admitted I owe the debt and even offered a starting point to a payment plan.

I know from past experience the judge will ask me if I owe the debt or not and do I want to contest it. in this case it will be a yes I owe the debt. The only difference between the last case and this one. Overdales accepted a post payment plan despite the court giving me 2 weeks to pay all the money.

TMI on the other hand - they appear to want push all the way to a CCJ which I think they'll get and the judge will do the usual pay in 2 weeks and TMI will just get bailiffs involved they don't seem interested in a payment plan.

How does it work when there is a CCJ and it goes like this. Are these the same high court bailiffs you see on TV that can break in to take goods or are these the kind you can ignore?

[dx100uk]

how many more times...

you never admit to a judge you owe the debt even if asked the direct question, you refer to your words in your defence and ws.

and again... Bailiffs.. any consumer credit debt CCJ attained on a debt covered and signed under the consumer credit act .. there is NO ZERO NADA right of forced entry allowed ever.

as for that program, they were NOT ever consumer credit debts, none of them!! they were rent arrears to a landlord and business to business debts whereby a sole trader had registered and operated the business from their home address whereby the equipment purchased for the business could be seized and auctioned to meet the sum of the ccj judgements. 

 

[finaldj]

I dont understand

the DCA supplied all the correct paper work. notice of assignment, DN and contract,

I asked for a tomlison order and an offer of £10 they refused and sent me an expenditure form.

I filled this out and raised the offer of £20 and they asked me to call them which I asked to do it all in writing and they ignored me and continued with the court application.

This is where we are at now.

How can I not admit the debt when I have to the DCA by offer of monthly payments?

 

 

[dx100uk]

2 hours ago, finaldj said:

i dont understand

you never do.....wait and we'll decide not you where to go once we get their witness statement if mediation doesnt happen

court hearing will be months away yet.

 

i know ive said this 1001 time to you over all the years but why did the original creditor sell a debt of  £3600 for £350 and not crush you themselves? 

something is wrong here find it.

dx

 

[finaldj]

Just wanted to put this out there for anyone who happens to come across this thread and company

- This was a recent threatening email I got from them, we are already going through court but these monsters happen to be the most vicious ones I've come across when it comes to threatening emails, so god knows what they would be like to talk to in person.

It's all hot air for anyone reading this, I wouldn't want anyone worry over crap like this that is going through this for the first time.

You'd have thought I was on trail for murder the way they have written it.

 

We write further to the above matter.

 

As you have filed a Defence to this Claim the Court will now issue Directions Questionnaires to both parties in preparation for a Trial to determine the outcome of this claim. Our client has already incurred significant costs in bringing this claim against you and further costs will be incurred should the matter proceed further as we shall need to prepare our clients evidence as well as prepare for and arrange attendance at Trial. 

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 prior to Trial, may amount to a sum in excess of £1,000 plus VAT at the prevailing rate together with any disbursements incurred for attendance of our advocate at the hearing.

To avoid these additional costs, and without concession to the legitimacy of our clients claim against you, we have been instructed to offer you the chance to settle the matter in order to bring these proceedings to an early conclusion and to avoid the matter proceeding to Trial where a County Court Judgment may be entered against you. 

 Our client will accept a lump sum payment of £2,619.20, representing 70% of the current outstanding balance, in full and final settlement of this debt.

For those seeing this if I had over 2k in my bank I wouldn't be in debt in the first place and they've turned down multiple offers of a payment plan and it was on their terms and they've ignored them or even counter offered. Jokers this company love to take people to court.