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

[dx100uk]

they cant do that anyway its small claims court where costs are very limited.

no DCA/Debt Buyer has ever successfully attained extra costs they mention.

thats the beauty of email, gives then a free way to harass you.....

it should always be closed down immediately by writing stating email is not to be used in relation to our mutual claim.

this you should do today, simply to stop them filing fake/doctored docs or a pack of lies 1 min before any court deadline removing your availability to counter them later in the procedings.

[AndyOrch]

Its a template on lots of other Perch/TM claim topics...don't take it personally its meant to intimidate and play with your mind...and has had the desired effect judging by your post. 

 

Ignore 

 

Andy

[finaldj]

@updated.

 

I was sent my directions questionnaire back to me because I had accidentally put a (1) instead of an (i) in the case number. It was lost for a week as it went to a street with a similar name to my own with the same house number. The couple had been away for a week and gave it to me when they got back.

I sent the corrected document back to this address as the letter stated I could do this [email protected] I got an automated response back as acknowledgment. This was on the 30/10

I have got a letter from the courts today dated 3/11/23 saying I have failed to file the directions questionnaire to the CCBC by the specified date. There was no date to return the letter by in the letter they sent me.

It then stated

IT IS ORDERED THAT:-

the claiment must file the DQ with the CCBC on or before 7 days from the service of this order with the CNBC if the claiment does not comply it will be struck out.

it tells me I can email it again to CCBC email address it also says I can post it to NH court adress provided via a document exchange DX 702885 what even does that mean?

but then underneath the letter it states.

 

This order has been been made without a hearing under the courts cae management powers contained in the civil procedure rules part 3

this notice is seved pursuant to paragraph 26.3(7A)(a) & (b) of part 26 of the civil procedure rules the parties have a right to apply to have the order set aside, varied or stayed

a party making such application must file the application with the CCBC (with fee) with in 7 days of this order.

 

When I login to the MCOL it says :-  General Sanctions Order was given 3/11/2023

 

What does that mean?

[dx100uk]

you are not the claimant!

dx

[finaldj]

I've just seen that it says Claimant but then skipped to the bottom where the order was made and panicked that the Court Clerks hadn't updated my DQ because on the Mcol site it's dated the 18/10 still and not the amended version I sent on the 30/10. I then looked up what the General Sanctions order was and found a few posts about it and thought a hearing had gone ahead without me for the debt.

I totally misread "Claimant" as myself.

I looked back at the emails TML sent me as they copied in the CCBC to say please see attached DQ/N180 to find looking at the email now there was no attachement from them. I did however get a copy of their DQ in the mail. So I don't know what has happend at their end then? I know it was Stayed for about a month or so before they lifted it.

What happens next will they have to pay a fee to get this lifted again? or will the whole court process have to be started again?

[dx100uk]

they'll abide by the order ok.

so mediation time?

yours is not the next move thats for sure!

this why its soooo important to cut off email comms being allowed by the claimant, 

 

dx

[finaldj]

Further update on this case.

I thought I better check the MCOL site as it's been a while since I last looked, They updated the case yesterday and it says "the case was struck out on the 18/1/24"

Can they persue through the courts again at a later date if they wanted to?

[AndyOrch]

Well done , It is possible with the courts permission but very unlikely.

Topic title updated.

 

Andy 

[dx100uk]

[finaldj]

What are the next steps now they could possible do?

 

I've not heard anything from them for months, they never followed it through with court.

Perhaps the process of getting it struck out might trigger something. Of course I know the ball is in their court I won't be making any contact.

Seems odd from all the hot air of threats to CCJ's to me offering a payment plan to nothing.

[finaldj]

Just to update this further.

 

I've had further contact from TM legal offering me a 50% discount and blah blah about having all the evidence they need to overturn by defence in court if it were to proceed etc.

 

I'm not too fussed about that as I offered them a payment plan and a tomlin order and they ignored them so whatever.

 

I've noticed looking at the recent amount they've added on the court costs to the amount owed despite the order getting struck out on their part. Can they do this? it adds around another £400 or so onto the amount owed

Edited February 16 by finaldj

[dx100uk]

they can try and probably have done so on the cra file too.

if push comes to shove and it does result in an N244 from them. it can be dealt with in court.

dx