Perch/TM Claimform - OH's old MyJar PDL Debt

[PoolerBoy]

Hi all

My wife has had the above on the weekend. Issued 1 June so Today actual issue date. I will post particulars soon.

Do I now send an SAR to TM Legal? Do I send a CPR 14 also?

I have uploaded the claim form.

Thanks Folks.

Claim Form. Redacted pdf.pdf

[dx100uk]

please complete this:

 

 

[PoolerBoy]

Which Court have you received the claim from? MCOL Northampton N1 

     Name of the Claimant ? Perch Capital Limite via TM Legal 

  How many defendant's  joint or self ? Self 

  Date of issue – 1st June 2023 

  Date to acknowledge) = 19 June 2023 +

Date to submit defence = 03 July 2023 

 

Particulars of Claim 

  What is the claim for –

1. The claimant claims payment of an overdue balance in the sum of £1180.17 incurred by the defendant under a MyJar Ltd unsecured loan with account number XXXXXXXX

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? £1340.17 

Amount claimed 1180.17
Court fee 80.00
Legal representative's
costs 80.00
Total amount 1340.17
  

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?  N/A  

 
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Payday 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 ?  I believe online as they are online only.  
  

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Not sure 
  

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.  Assigned to a debt purchaser 
  

Were you aware the account had been assigned – did you receive a Notice of Assignment?  Cannot recall it. 
  

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? Only this year 

 

Why did you cease payments?  Hardship  
  

What was the date of your last payment? Cannot remember. During the past 3 years I believe. 
  

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 

 

 

Claim Form. Redacted pdf (1).pdf

[AndyOrch]

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Not sure 

 

Please check only takes a few clicks.

[PoolerBoy]

Hi Andy

Just looked, it is by the Original Creditor and account closed in 2019. MyJar no longer exist. Dissolved in April following administration from 2020. 

Do I cpr and Section 78 these now?

Thanks.

[AndyOrch]

Yes.

[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]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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
.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]

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

 

[PoolerBoy]

CPR Sent to TM Legal and S78 sent to Perch

[PoolerBoy]

Please see below my draft defence which needs to be filed soon.

Particulars of Claim for reference only

 

1. The claimant claims payment of an overdue balance in the sum of £1180.17 incurred by the defendant under a MyJar Ltd unsecured loan with account number XXXXXXXX

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? £1340.17 

 

Defence

 

1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.  
 

2. Particulars of Claim are noted although the Defendant is unaware of what alleged agreement the Claimant refers to, having failed to adequately particularise its claim, the particulars of claim are vague and generic in nature. The Defendant therefore sought clarification by way of a CPR 31.14 and section 77. To date there has been no response to this. 
 

3. Parts 2 is noted. The Claimant alleges the agreement was breached and the account has matured with no mention of the service of a Default Notice pursuant to sec87 of the CCA1974 or Notice of Sums in Arrears pursuant to sec 86B(2) of the CCA1974 from the original creditor or assignee to the Defendant. Without knowledge of what the alleged agreement refers to the defendant is unable to admit or deny.  
 

4. Part 3  The claimant refers to the alleged debt as being Assigned. The Defendant is unaware of any legal assignment or Notice of Assignment from assignor or assignee pursuant to the Law of Property Act 1925 s136.  
 

5. On receipt of this claim the defendant requested by way of CPR 31.14 and a section 78 dated the 6th and the 14th June 2023 respectively, in which requests for copies of any documents referred to within the Claimants particulars to establish what the claim is for within the 14 day period by way of a letter. The Claimant has yet to confirm they do or do not have the relevant documents at this stage and are therefore unable to enforce the agreement in court.  
 

6.The defendant denies owing any monies to the Claimant and the Claimant is put to strict proof to:  

 

a) Evidence how the Defendant has entered into an agreement; and  

b) Show how the Defendant has reached the amount claimed; and  

c) Show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974,  

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  
 

7. As per Civil Procedure Rule 16.5(4), it is expected the Claimant prove the allegation the money is owed.  
 

8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925 and Section 82a of the Consumer Credit Agreement Act 1974.  
 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 

 

any feedback would be great.

 

Thanks

 

 

.

[AndyOrch]

Just a few tweaks in red, rest looks fine.

 

Andy

[PoolerBoy]

Thank you Andy.

[PoolerBoy]

What a vile bunch these are...

A letter saying my defence is only a consumer site template and is invalid.

They are threatening to claim over a grand in costs in court unless I withdraw it.

Does the Agreement they sent need an ip address and checkbox on it?

I have another little nugget ready but i wont mention it here as I think they are actually following it. disgusting bunch.

they are also using a different email address to the one on the initial loan, one that doesn't belong to my OH.

Breach of Data Protection that? 

[AndyOrch]

Threaten what they wish costs are fixed in small claims track....if they are confident in their claim why threaten anything and request you withdraw your defence,

[dx100uk]

you need to kill that email use...send a reply saying Email is NOT to be used regarding our mutual court claim.

std willy waving stuff they always send if you read a good few like threads here.

dx

 

[PoolerBoy]

Yeah I've read loads this morning. Does it have to have an IP Address? The more they email an email that isn't hers the more they hang themselves I thought. 

[dx100uk]

it doesnt but how can they prove where it was signed up from and not ID theft or WHY?

send that email kill the backdoor harassment as they might use that to file fake doc 1 min before any court deadline removing you/her from a counter attack.

so they have sent docs too???

dx

[PoolerBoy]

they have sent a dozen or more to my private email which is no way linked to her or the alleged application. I will report the breach to ICO and FCA.

[dx100uk]

nope just reply as i've said

have they sent copies of the agreement/old letters like default notice/statement etc??

or do you mean they are simply sending threat-o-grams via email?

dx

 

[PoolerBoy]

they have sent numerous threats, lies about a CCJ already been issued so pay it now etc.... Statements of arrears which include name, account numbers, lender details and amounts borrowed allegedly. All this to an email address she isn't connected with. That's a breach of GDPR.

 

I will email them now though.

 

They sent agreements and DN etc via Royal Mail.

[AndyOrch]

It would be far more productive if you scanned redacted and uploaded exactly what you have received documents wise in connection to the claim rather than emailing all the world and his dog and making complaints which will have no bearing on the outcome the claim.

 

Andy

[PoolerBoy]

I will do don't worry, taking your advice a sever. However, they cant be left to do as they like either. If its wrong, its wrong. Bullied and lied in writing.

redacted Agreement

Alleged Agreement-redacted.pdf

[dx100uk]

please you ONLY need to redact name address agreement no. etc not ALL dates and figures...

leave everything else

is that a typed name in the signed online and what is after the date ...you keep hiding everything...

dx

 

[PoolerBoy]

there is no name in the signed box, its only the exact time thats all on both. No name or tick box.

[dx100uk]

its over 2 scans

can you just rescan that whole page please

there should be a tick box and a printed name date time etc

else who signed up to it, on what device and where where the hell were they in the world....??

dx

 

[PoolerBoy]

No dx that's exactly how it is.

It's across  2 pages.

No name or check box at all. 

Maybe Muriel knows