Perch/TM Letter Of Claim Now Claimform - Old Ratesetter (Metro Bank) Loan .

[Pedro1924]

Good Evening,

I have been checking through paper work I received from a creditor (debt was unsecured loan, classed as 'peer to peer lending') after I made a subject access request, 

I noticed that the default notice they sent me states all the particulars of the loan, but has my current address, when in fact the loan was taken out at my previous address.

I informed the creditor of my change in address.

The account has been passed on to various debt collection agency's, and the current one is turning up the heat and has sent a letter of claim.

Should the default notice have included the address where the loan was originally taken out?

 

[dx100uk]

doesnt matter  as long as its complaint .

now resit things a bit here 

you need to reply to that letter of claim within 30 days.

hit letter of claim and follow post 2.

as for the sar i will guess this was previous to the letter of claim?

if so you keep that to yourself . what the oc held is immaterial going fwd as the debt has been sold its whAT THE DCA HOLD THATS IMPORTANT

name names please as well no need to hide .

give us the history please

 

[Pedro1924]

Thanks for the reply. I will get the reply form filled in and sent within the 30 days. Yes SAR previous to this.

Original account was loan, with RateSetter (Metro Bank plc). 2018

Defaulted 2022 after paying token payments for 6 months. Not paid anything for approx 18 months.

DCA called ACR Europe chased me with letters, emails calls for 2 months. Ignored, no contact.

Debt sold to Perch Capital January this year and ACI took overl  Regular letters, emails and calls from these, and then TM legal , who have sent the letter of claim. No contact from me at all and no payments.

[dx100uk]

retitled and moved to metro bank forum.

100's of threads here on perch/tm, you need to be a bit careful here and prepare well/get indo..they are rather trigger happy with issuing court claims 

what was the reason you couldn't pay the loan? 

it always puzzles me why the oc sells a debt on for 10p=£1 when they could have crushed you ... sometimes smacks to errors in the agreement etc etc.

its good you have the sar you can check if anything they sent is faked up or nonsense

dx

 

[Pedro1924]

Got into difficulties due to severe gambling problem. Had multiple credit cards, loans digging holes to feed the habit. The OC was made aware of this.

Fortunately I've come out of the other side and now clean, not having any access to credit was the answer, but I'm expecting an avalanche now as I have multiple defaults.

[dx100uk]

was your credit file already shot with multiple registered defaults, missed payments etc etc. lots of outstanding pay day loans 

as yours sounds like a case for a good few irresponsible lending claims as well as to metro bank..to-one should loan more money too you if your file is shot!!

#dx

 

[Pedro1924]

No it all came to a head suddenly, the ratesetter loan was probably the last one I obtained. I had no defaults at the time it was taken out, but was certainly in an overdraft with 4/5 credit cards and 1 other loan.,

 

[dx100uk]

ok no dice then.

dx

 

[Pedro1924]

When filling out the reply form box D, do i just put 'the debt purchaser has yet to provide any or all of the required documentation.'

[dx100uk]

[Pedro1924]

An update on this one. I sent CCA request and reply form to Perch Capital and TM Legal respectively on 29th August (1st class with proof of postage).

I’ve had nothing back, other than text messages and emails, that appear to be fishing for a bite.

31st August

’you only have a limited time to respond to our Letter Of Claim to avoid possible court action. Please call us today on 03308281770 to discuss your account.

7th September

‘our Client is still prepared to consider the repayment of your account by affordable instalments should payment in full not be possible. 

You can set up a payment plan in line with your circumstances online by clicking here’

13th September

‘we must hear from you in the next 7 days failing which legal proceedings may be issued against you. Call us now on to discuss your options.’

It seems pretty obvious that the next move is theirs. I must admit I came to close to replying to the latest text message, I’m pretty sure most people would capitulate and that’s their business model. What a despicable way to earn a living, low life **** is too kind of a description.   

[dx100uk]

block their email addresses and bounce back them.

report all texts as spam to 7726

you do not reply ever.

 

[Pedro1924]

Claim form received for this one. 

No response back from my CCA request or reply form (almost 6 weeks)

 

[dx100uk]

please complete the above

[Pedro1924]

Which Court have you received the claim from ? Civil National Business Centre, Northampton, NN1 2LH

Name of the Claimant ? Perch Capital Limited

How many defendant's  joint or self ? Self

Date of issue –  22 Sep 2023

defence due - 24th Oct 

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 £3k incurred by the defendant under a ******** p2p loan, account number *************.

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? £3k

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? Yes

Did you inform the claimant of your change of address? claimant has only ever know new address

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? not sure need to check
 

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. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

Did you receive a Default Notice from the original creditor? yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? not from debt purchaser
 

Why did you cease payments? couldn't afford repayments. Loan was taken out during a period where i had a severe gambling addiction and had accrued other debts
 

What was the date of your last payment? Feb 2022
 

Was there a dispute with the original creditor that remains unresolved? I did an affordability complaint to them but this was rejected. I have sent this to the financial ombudsman
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? OC were made aware of my problems and i was making small token payments for a while. As soon as i stopped they terminated the account.

DUE TO TIME (WAS ON HOLIDAY WHEN CLAIM FORM ARRIVED) I HAVE ACKNOWLEDGED SERVICE ALREADY ONLINE)

[dx100uk]

On 22/08/2023 at 21:01, Pedro1924 said:

noticed that the default notice they sent me states all the particulars of the loan, but has my current address, when in fact the loan was taken out at my previous address.

On 13/09/2023 at 12:31, dx100uk said:

block their email addresses and bounce back them.

1 point worthy of note for later re DN.

2nd you must now write and tell them NOT to use any other method of communication inc Email/Phone/text regarding anything further to do with our mutual claim. this letter can be in the same envelope as the CPR below.

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

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 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/

.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]

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

 

 

 

 

 

[Pedro1924]

Thanks dx100uk

I've already written to them telling them they only have my permission to contact me via Royal Mail. They are still emailing though. Latest one today is a begging email to phone them within 48 hours (which will be 19 days from claim). 

 

AOS submitted and now showing as received on MCOL.

CPR request on its way. 

I did CCA 6 weeks ago so i do not bother with another and just mention in my defence they've ignored?

[dx100uk]

thats why i didnt mention cca in my guide

24 minutes ago, Pedro1924 said:

've already written to them telling them they only have my permission to contact me via Royal Mail.

text please you sent

dx

[Pedro1924]

You only have my consent to contact me via Royal Mail. Please remove any email addresses or contact telephone numbers you may have on your system and do not contact me via any other method than Royal Mail