Perch/TM Claimform - old MyJar PDL Debt

[TMAngel]

Hi there, sorry to jump on but this morning I have received exactly the same Claim Form dated 11 July.  For a My Jar account - amount lent was £450 on 21/8/17, amount paid back was £418.56 with last payment 28/11/17.

I stupidly did email MyJar in Jan 2020 offering F&F but they refused.

Credit Report is now clear of defaults and CCJ's so don't want them to ruin it. They are claiming total of £536.31

Seeing as I acknowledged in Jan 2020 to My Jar (not TM) do I offer to pay the difference between the £418 and £450 just to get it cleared?

FYI: They communicate by email. I did request a copy of the CCA on 6 April 2023, their response on 24 April was asking for me to call to go through security questions or email a copy of signed ID ie passport. I replied that I wasn't comfortable providing this and if they can't prove my ID how can they know they are threatening the right person with court. No reply

Requested CCA again on 13 July after an email saying they had issued court claim.

What's the best action to take now? Thanks for the help

 

Sorry, if I need to create a new thread just let me know

[honeybee13]

Hi.

You're quite right, you need to start a new thread please. 

HB

[TMAngel]

Today 14 July - I have received a Claim Form dated 11 July.  For a My Jar account - original amount was £450 on 21/8/17, amount I paid back over 3 payments was £418.56 with last payment 28/11/17.  Missed the last 3 payments.

I stupidly did email MyJar in Jan 2020 offering F&F but they refused.

Credit Report is now clear of defaults and CCJ's so don't want them to ruin it. They are claiming total of £536.31

Seeing as I acknowledged in Jan 2020 to My Jar (not TM) can I offer to pay the difference between the £418 and £450 just to get it cleared?  Would the court go for this if I cited unafordable lending due to poor credit file etc?

FYI: TM communicate by email. I did request a copy of the CCA from TM on 6 April 2023, their response on 24 April was asking for me to call to go through security questions or email a copy of signed ID ie passport. I replied that I wasn't comfortable providing this signed ID and if they can't prove my ID how can they know they are threatening the right person with court. No reply.  

Also requested copy of CCA from ACI in 2022 when they were chasing but no response or CCA.

Requested CCA again from TM on 13 July after an email saying they had issued court claim.

What's the best action to take now? Thanks for the help

[TMAngel]

Thanks, just started a new thread

[dx100uk]

you did not thus ack the debt

when was your last use/payment

what is the defeaulted date

dx

 

[AndyOrch]

Please read the following link carefully then copy and paste the questionnaire with your responses back here for further advice.

 

[TMAngel]

Last payment was 28/11/2017. Not used them since and they went into administration in 2020

Unsure of defaulted date - they don't show on credit report and I need to keep it this way

Edited July 14, 2023 by dx100uk
unnecessary previous post quote removed

[TMAngel]

Which Court have you received the claim from ?  MCOL Northampton NN1

Name of the Claimant ? Perch Capital Ltd

 How many defendant's  joint or self ? Self

 Date of issue – 11 July 2023

  What is the claim for –

1.The claimant claims payment of an overdue balance in the sum of £436.31 incurred by the Defendant under a MyJar Ltd, Running Credit, account number (8 digits).

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 give notice of the accounts assigned

 What is the total value of the claim? £536.31 (inc £50 Court Fee and £50 legal rep fee)
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 13 July – email saying Claim had been issued
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No. No correspondence to address just email
 

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? PDL
 

When did you enter into the original agreement before or after April 2007 ? August 2017
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online company
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

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. Original Debt was with MyJar, now Perch Capital/TM Legal
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Just checked emails, February 2022 NOA from MyJar to Perch
 

Did you receive a Default Notice from the original creditor? Just checked emails, Default notice by email April 2019 issued by MyJar
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I can see emails with this from 2019, 2020 and 2023 but nothing from 21/22
 

Why did you cease payments? Last payment 28/11/2017
 

What was the date of your last payment? 28/11/2017
 

Was there a dispute with the original creditor that remains unresolved? Apart from not receiving a CCA when requested twice
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Jan 2020 – I was trying to clear all debts and made contact with MyJar to offer them the difference between the £450 borrowed and what I’d paid back – NO. Then offered a F&F settlement of £80, they refused and wanted the full amount outstanding. I did say we were in financial difficulty and they shouldn’t have even lent me the money based on credit report.
 

What you need to do now.

 Answer the questions above

 If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable)

Requested this from TM Legal on 6 April. They replied 24 April saying if I wanted a copy I had  to call to go through security questions or email copies of signed ID Documents. I replied saying I wasn’t comfortable doing this and was entitled to a copy of my original CCA. I stated if they couldn’t provide it based on their emails chasing me for the debt how could they prove I was the original person anyway?

No response.

Requested CCA again on 13 July following their email informing me of a Court Claim.

 

Update just had this email in response to my CCA request yesterday:

We write further to your recent email and note your comments. On the 24th April 2023 we sent a communication regarding Right of Access under the General Data Protection Regulation 2018.

In order for us to process this request we required you to pass Data Protection checks. We received no response so therefore could not process your request. I did reply saying I wasn't calling or providing signed ID and just wanted a copy of CCA as I was entitled to this!

As we received no response a County Court Claim was issued against you on the 11th July 2023 and a Judgement is pending, you should have received a Response pack for you to complete which was sent to your 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 within 1 month of the date the Judgment is granted.

Alternatively, we can offer you a Prevent Judgment Arrangement (PJA) to settle the account over a maximum of 4 payments. This would be £134.08 per month with the first payment due on the 21st July 2023.

If you wish to take advantage of this offer, please contact the office on 01253 531016 as a matter of urgency as if the Judgment is granted, we cannot honour the offer.

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. 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 21st July 2023 to prevent further communication from this office. 

[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]

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

iy might also pay you to strat an irresponsible lending claim to perch.

we'vee seen these work to reduce the bal to no interest/charge with just the initial sum borrowed to pay of.

there are numerous perch/tm claimform threads here  get reading them.

get upto speed.

i would also be writing to them telling them to stop email use, you dont want them disclosing fake/doctored docs 1 min before a court deadline removing  your chance to rebut them.

dx

 

[TMAngel]

Can I defend all if I've effectively replied previously offering a F&F?

[dx100uk]

yes means nothing.

dx

 

[TMAngel]

The CCA request I've already done and they are asking me to call to clear security of send in copy of a signed ID ie Passport which I'm reluctant to do either.

 

[dx100uk]

ignore it happened for now, useful later

there is no requirement for ID with a CCa request...unless you've moved and not informed your debt owners.

immaterial now as they have issued a court claim to your current address?

dx

 

[TMAngel]

Great thanks for your help so far.

 

But yes, court claim to current address where we have lived for 16 years

[dx100uk]

[TMAngel]

Hi, I'm now on 12 working days since i did CCA request and CPR letter.  No response at all

What would next step be?

 

[dx100uk]

On 14/07/2023 at 13:35, dx100uk said:

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]

already advised on this.

 

dx