Perch/TM - Emails threatening CCJ/Court action - old Neybler £13k loan Court Claim Received.

[Gangrel]

Good afternoon, 

I originally had a loan agreement with Neyber Ltd that I was making payments on, however due to having a mental breakdown, resulted in me leaving my job and left me unable to make any payments at all and with an outstanding debt of around 8/9000 pounds. I ended up handing control of my finances and debts owed to a family member who carried on making token payments until around the beginning of 2018 due to my mental health and not being able to cope with it all. I believe these token payments and all correspondence with Neyber Ltd ceased in early 2018.

I've not been able to get myself back into a better financial situation since, and I am barely able to make ends meet currently which is leading me back down the dark path I was on previously. As a result, I've not made any payments to the debt, nor acknowledged it in the previous years and have spent that time trying to get myself back to a better situation financially and mentally. I also believe due to the token payments made at the time I was suffering a mental health crisis, that the debt isn't statute barred and is no longer an option, and it wouldn't be statute barred until 2024 so they are within their rights to chase me.

I believe Neyber Ltd went into administration and ended up selling the debt onto Salary Finance, who I received a few emails from asking for payment in 2022, which I ignored again due to not being in a financial position to pay them the amounts they want. I have recently started receiving letters from ACI, who I think are owned by Perch Capital. I have also ignored these letters over the last few months but have today received an email from TM Legal Services, who I believe are working on behalf of ACI, demanding payment or possible legal action may be taken.

The email they sent is below in bold.

'We have been instructed in relation to the outstanding balance due on your account(s) and require your proposals for repayment to avoid escalation to legal action.

In the event of legal action our client will seek a County Court Judgment (CCJ). If a CCJ is not repaid it would then be open to our client to enforce the debt through one of the following methods:

An Attachment of Earnings – your employer may be Ordered to deduct payments from your wage
Warrant of Control – a County Court bailiff would attend your property
Charging Order – if you own your home, the debt can be secured against it

If your current financial situation does not allow you to pay this debt in full, we are authorised by our client to set up an affordable, instalment repayment plan.

Our aim is to ensure that your experience when setting up a plan is as hassle-free as possible, so we have designed an online Direct Debit form which, in a few quick and easy steps, allows you to have a repayment plan in place without having to speak to anybody.'

I'm just really struggling at the moment, financially and mentally. I am worried this might end up getting out of control even after six years and the work I've put in to try and get back to a semi normal life will be wasted if I'm unable to get this sorted. 

Are they likely to take me to county court if I continue to ignore this? I know this is definitely not the best approach but I fear tackling it head on is going to lead to me feeling suicidal again. I'm just not too sure of what I should do currently.

Many thanks in advance for your assistance.

Edited July 14, 2023 by Gangrel

[Bazooka Boo]

Neybar are Salary Finance, that was just a trading name.

 

So far it's simply a threat letter you've received from TM legal, simply outlining what they would like to do.

Keep everything in writing, you need to block these emails, and bounce them back, whatever they wish to convey can be committed in writing.

When EXACTLY was the last payment made on this loan?

Have you checked your credit file?

 

Ignoring them is fine, but you MUST NOT ignore a court claim or letter of claim.

 

Got to rush off, DX  will be along and will give you sterling advice!

NOTHING to worry about, this is NOT insurmountable.

 

 

 

[Gangrel]

Thank you very much for your reply and advice. I have blocked their email address now.

I am not 100% sure when the final payment was made, however the final payment that I personally made (in full) would have been either April or May 2017.

I'm not currently on speaking terms with the family member who assisted me with my debts and issues at the time, however they got me to speak to Neyber at the time, so they could 'handle' my debts on my behalf which required getting a doctors note saying about my mental health and possibly bank statements showing I wasn't receiving any income.

The family member made payments of like, 1 pound a month until either January or February 2018 as a 'goodwill gesture', and then stopped paying it. The last time this family member emailed them was definitely in February 2018. And I haven't heard anything since regarding the debt, with the exception of the emails from Salary Finance in 2022, letters from ACI (who I am assuming bought the debt from Salary Finance) in 2023 and now TM Legal via email. 

I have checked my credit file through my bank with Transunion, and there do not appear to be any CCJ's or anything. Is there anything else I would need to check regarding this on my credit file?

Thanks again for your assistance.

This wasn't a payday loan by the way. It was an unsecured loan of about 12/13000 pounds. Not sure if that changes anything in regards to advice given though?

[dx100uk]

you need to WRITE to all your debt owners on any debt you last paid/used within say the last 7 yrs

else you are in danger of backdoor CCJ 's.

simply WRITE by royal mail stating their and the old original creditor name and ref number

simply stating.

please note my correct and current address. 

please remove and cease to use email communication

writing only from this point on.

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

 

get free proof of posting from any PO counter. for each letter.

dx

 

[Gangrel]

Hi DX, 

Thanks for your response, I really appreciate it.

Would this advice remain the same if I am still living at the current address from when I originally applied for the loans? I have received letters from ACI/Perch at this address and wouldn't miss any letters, I've just not replied and have ignored them up to this point due to not knowing what to do previously, but they have my correct address already.

I haven't received any letters from any other debtors that I have not paid in 5/6 years in that same period though, it's only this one.

As is, I wouldn't currently miss any post from other debtors if they were to send me a claim form from the county court. Would it be okay to just send a letter to TM/Perch in the post given they're the only ones that appear to be agitating currently?

Would it then just be a case of waiting to see what they come back with?

Thanks for your help.

Edited July 14, 2023 by Gangrel

[dx100uk]

it depends if your friend ever changed the comms address for your debts to his?

all im thinking is belt and braces here just incase they knew to use another address, though they'd have to send a letter of claim 1st before any court claim, which you do NOT ignore.

 

 

[Gangrel]

Nope, my family member definitely wouldn't have changed my address as they live at the same property (and haven't moved in that time period). 

Apologies for my ignorance, is a letter of claim different to the email I received today from TM Legal? I'm not too familiar with what letter of claims are, and if what I have received thus far would constitute that. 

I have received a few letters from ACI asking me to get in touch and stating I owe the amount, and that if I don't legal action may be taken, with the last one they sent end of June stating I had 10 days to respond or legal proceedings may happen (which would be why they've 'passed it on' to TM Legal who have sent this email, albeit I haven't received any county court claim forms).

Are letter of claims different to these standard letters they send? I'm really not too sure what they would look like or how they differ to the above, if at all.

Edited July 14, 2023 by Gangrel

[dx100uk]

cant send PAPLOC by email.

the letter will be from TM with a reply pack giving 30days wanting I&E etc etc

you DONT use their but our

when if it comes hit letter of claim and READ all the posts in the link.

 

dx

 

[Gangrel]

So I've just received a 'Claim Form' from the Civil National Business Centre for the debt discussed above with claimant Perch Capital Ltd, and TM Legal Services Ltd doing it on their behalf.

Am I right in assuming that straight off they likely haven't followed protocol that they should have, by sending me a direct letter of claim first from themselves, rather than going for a CCJ straight off? I've not received any post from anybody in the past two months with a letter of claim form from 'TM Legal Services'. Looks like they're just going straight to applying for the CCJ?

What do I need to do next? I'm rather afraid of what comes next now.  I'm also not clued up on any of this so really don't know what I'm doing and should be doing with handling this. I'm not even in a position where I can really afford to pay it either.

Edited September 9, 2023 by Gangrel

[Bazooka Boo]

See above, click on letter of claim.

 

 

[Gangrel]

Thanks Bazooka Boo.

I've just had a read through the section covering Part 3: 'Initial information to be provided by the creditor' under the pre-action protocol for debt claims. 

I have previously received letters from ACI/Perch saying the amount I owe, who previously owned the debt etc etc, and that legal action might be taken but never any forms with it giving me the opportunity to outline my current income and expenditure.

I have also never received up to this point any post from TM Legal Services in the post. Only the original email in my first post. So no letters asking for me to outline my income and expenditure and to send it back to them directly, rather than the county court.

I have certainly never received any letter of claim packs from any of ACI/Perch/TM Legal, it seems like they've just gone directly to the County Court stage without following the due process expected if I'm understanding correctly? 

Unless I am totally mistaken and the claims form from the Civil National Business Centre counts as their actual letter of claim from TM/ACI/Perch?

 

Apologies, I'm not sure if I made myself hugely clear in my two above posts. It seems this is a claim form from the County Court itself, which is asking me to respond within 14 days, and either admit/defend the claim. 

So I am assuming this is definitely not the 'letter of claim' that ACI/Perch/TM Legal were/are supposed to send in the post first, before commencing to this stage?

Edited September 9, 2023 by Gangrel

[Bazooka Boo]

Well right now it doesn't really matter what they should or shouldn't have sent you and in what order,  what exactly have you got?

 

If it is a claim form then you need to act.

 

[AndyOrch]

Topic moved to Financial Legal Issues Forum in view of the claim form.

Please read and complete the following link posting the Q,s and your responses back here.

Topic title amended.

 

Andy

[Gangrel]

Which Court have you received the claim from ? Civil National Business Centre 

Name of the Claimant ? Perch Capital Limited

 
Sols:TM Legal Services Ltd

How many defendant's  joint or self ?  Self

Date of issue – 05 September 2023 
Timeline for acknowledgement: Saturday 23rd September 2023, so assuming it needs to filed by Friday 22nd September 2023.

If I submit a defence: Saturday 7th October, therefore needs to be submitted on Friday 6th October @ 4pm.

 

Particulars of Claim

What is the claim for – the reason they have issued the claim? 
'1.The Claimant claims payment of an overdue balance in the sum of 9000 incurred by the Defendant under a Salary Finance, Unsecured Loan, account number (10 digits) XX-XXXX-XX-XXXX.

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? 
Amount claimed: Nearly £9000 
Court fee: £455 
Legal representative's costs: £100
Total amount: Nearly 9500

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 
I first received contact from ACI around May 2023, with a couple of threat letters received, the last one being in June 2023. There were no letters of claim sent as far as I know, just threat letters stating I owed the amount above, and that action could be taken, and to get into contact with them. There have been no forms included within the letters, such as an information sheet or financial statement form. 

I then received an email from TM Legal Services Ltd stating I owe money and that 'action could be taken', as of July 2023. I then bounced the emails as was suggested on my first thread, in order to keep everything in writing.

Ever since I have not received any post from either Perch/ACI or TM Legal Services, so I have not received anything that would resemble a letter of claim, especially a claim form asking for my finances, income and expenditure.

This is the first time I've heard from Perch/ACI/TM Legal by post since June, and have received nothing in the post from TM legal services at all.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? 
I briefly moved out of the correspondence address between 2017 and 2020, but the claimant has not been given any of the addresses I was living at previously and they wouldn't have known I was living anywhere else as far as I know as I wasn't officially anywhere else. 

I have lived at the address which was attached to the claim ever since, so all post would have been sent here, and I would not have missed anything previously as I could collect my post from here even when not technically living here. I have been at this address the entirety of the time ACI/Perch have sent threat letters too and received them.

Did you inform the claimant of your change of address? 
No, but they wouldn't have any other address for me I don't believe, and also they didn't own the debts at the time I was living elsewhere.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 
Personal, unsecured loan.
 

When did you enter into the original agreement before or after April 2007 ? 
After April 2007.
 

Do you recall how you entered into the agreement...On line /In branch/By post ? 
The original loan agreement was done online in October 2015.
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? 
On Clearscore, the only reference to the debt is a missed payment (default notice I am assuming? apologies if wrong) in February 2017. The account also shows up on Clearscore as a closed account as of January 2023. These are the only mentions I can find of it.
 

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 claim has been assigned from Neyber/Salary Finance to Perch/ACI/TM Legal, and Perch/ACI/TM Legal are the ones issuing the claim.
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? 
I was aware of the account being assigned to Perch/ACI due to receiving the threatening emails/letters from ACI earlier this year. Not too sure what a Notice of Assignment is though, not sure if I specifically received that, although it was quite clear they were chasing the debt and that it was purchased from the original creditor through the threatening letters. Other than that... not too sure.
 

Did you receive a Default Notice from the original creditor? 
I had a mental breakdown at the time of my debt issues starting, I don't remember receiving a default notice in the post, albeit I can see a missed payment as of Feb 2017 on Clearscore. They may very well have sent a default notice though, but again I'm honestly not too sure if they did or not unfortunately.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? 
Not that I'm aware of, only started receiving stuff regarding the loan again recently. Didn't receive anything from the original creditor. 

Why did you cease payments? I had a mental breakdown in August 2016, which led to me leaving my job. I managed to carry on payments until around about April/May 2017, but I was unable to get a new job in time to continue the payments due to my deteriorating mental health . And just generally not being able to cope with everything.

A family member ended up 'taking over' responsibility for me at around this time, and was in contact with them until around January/February 2018, and I think was making token payments of about 1 pound a month from around June 2017, to January 2018. And then all contact and payments ceased after this point. I think I had to give them three months of bank statements around June 2017, to show no income was coming in or receipt of benefits, etc.
 

What was the date of your last payment? The last payment I would have made personally, would have been around April/May 2017. But as mentioned above, I think I may have technically spoke on the phone to the original creditor giving permission for my family member to 'take control' of dealing with my finances during this period of time. And I am led to believe they made token payments of a pound a month until Jan/Feb 2018. 
 

Was there a dispute with the original creditor that remains unresolved? 
Not a dispute with respect to me owing the money.

The only thing that may be of relevance here is, I do have an email from the original creditor, to my family member that was dealing with the account, confirming they were not taking any further collections action on the account as of February 2018.
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? 
They were aware I was having financial and mental health problems, hence my family member taking over before ceasing contact in early 2018. I have not heard back from 2 other debtors ever since, this is the only one that has been passed over to a DCA.
 

 

 

claimform.pdf

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

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

you cant admit a debt by a phone call.

if the payments made by your mate were not from a bank a/c owned by you then they dont count toward resetting the state barred date, so if YOU did not make any payments since 6yrs before the claimform date the debt could be SB'd. also your need the registered defaulted date from your credit file. as sometimes SB runs from DN+14days.

[Gangrel]

Hi Dx, 

Many thanks for your assistance with this. It is hugely appreciated.

I will start to work my way through your list of recommendations shortly. 

Regarding it being potentially SB'd and getting the registered defaulted date from my credit file. Would Experian be okay to check for this I am guessing if I pay for it? I'm not really too sure how the default dates work and how this changes everything, or how I would find out when the default date was (if there is one).

I have seen a default date registered for a different debt on my credit file with Transunion and also on Clearscore. But the only mention I've seen anywhere of a default date related to this debt is on Clearscore as of February 2017. But this wouldn't have even been the last date I made a payment to them as I continued paying until around April/May 2017. 

If there is no default date registered on my credit file with a more reputable company such as Experian, would that be enough for it to be statute barred or would I need to request this information from the claimant to know for sure?

Thank you so much again for your help.

 

Edit: Please ignore the above part about the SB/default stuff. Just found a letter with a default notice date in November 2017. It's not statute barred. I will carry out the rest of the things you suggested. Thanks again.

[Gangrel]

Good evening, 

I have sent off the CCA request letter and CPR 31.14 letter as advised. They were both signed for on 15th September. As of yet, I've not received a reply to either request. Which means it's been about 11 working days without a response. 

The only thing I have not done as of yet, is to submit my defence, which needs to be done by the end of next week I believe, given I received my letter of claim dated the 5th September 2023.

Is there anything specific that needs to be included within the defence outside of, I'm asking for them to prove they own the debt and have the required documentation?

Is there any advice/guidance available about what to put for this next step? Thank you.

[dx100uk]

so you've not been reading up on like loan claimform threads in this very same forum yours is in,  in over 3 weeks?

we are predominantly self help...........

 

dx

 

[dx100uk]

and?

dx