Perch/TM Fastrack Claimform - old £16k AdvantCredit Unsecured loan

[impounded cats]

Hello I have similar with perch Blackpool get rich quick lot can you help over 10k 

 

[honeybee13]

Hello impounded cats, welcome to CAG.

Please start a new topic / thread of your own and we'll advise you. This one is for advising gibson71.

Best, HB

[impounded cats]

CCJ of Perch capital  over 14k

Edited June 27, 2023 by impounded cats
mstake

[dx100uk]

you have a default judgement already? or you've just received the court claimform pack?

 

[impounded cats]

Good morning i have received a claim form from perch capital  via tm legal 

claim to me only

The Claimant claims payment of an overdue balance in the sum of  £16.483

 incurred under an Avant credit unsecured loan, account number xxxxx

. The Defendant failed to maintain payments in line with the agreement and the account has now matured the account was then subsequently assigned to the claimant and the defendant has been given notice of the account's assignment

I read some of your forums as i received this claim 2 weeks ago i have defended all online and unticked jurisdiction have 14 days now to draft a defence

Pease can you help i have credit report 

i did not receive pre court protocol letter or was not aware of perch buying of avant loans

thanks, await your kind reply

 

 

[AndyOrch]

Please read and complete the following and paste your response back here so we have all the details of the debt and claim in 1 post for easy reference.

Andy

[impounded cats]

Particulars of Claim

1. The Claimant claims payment of an overdue balance in the sum of  £16000 plus court fee incurred under an Avant credit unsecured loan, account number xxxxxx

 2.The Defendant failed to maintain payments in line with the agreement and the account has now matured the account was then subsequently assigned to the claimant and the defendant has been given notice of the account's assignment

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

 2018 took out a debt consolidation loan i went into hospital and lost my job then came covid

What is the total value of the claim? £17k

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO

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 ? no

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? under perch capital avant disappeared prior

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 perch capital

Were you aware the account had been assigned – did you receive a Notice of Assignment? No notice off assignment

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 ? NO

Why did you cease payments? cant remember

What was the date of your last payment? 2019

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? avant yes 2019 

 

Due to me going into a rehab from family problems and prescription drug addiction i am in a mess

hope can help me.

 

 

.

[AndyOrch]

Which Court have you received the claim from ? Give answer here

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

Name of the Claimant ? Give answer here

 

How many defendant's  joint or self ? Give answer here

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here

[impounded cats]

Which Court have you received the claim from ?  Northampton 

Name of the Claimant ? Me

How many defendant's  joint or self ? Me

Date of issue – 12 June

aos done so - but I extended time within 14 days so have 10

left for defence online for full 28 days to defend 

 

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]

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

 

[impounded cats]

hi thanks do i put the claimants solicitor name on the postal order or leave blank

thanks again 

[dx100uk]

READ ALL THE POSTS!!

17 hours ago, dx100uk said:

Leave the £1 PO unsigned and uncrossed

and why are you sending a solicitor a PO?

[impounded cats]

Thanks sent to claimant 

[dx100uk]

now get reading up here on perch/tm claimform threads.

so you know what to put in your defence

but post it here 1st for checking

you do not ever miss that date (day 33 from the date on the claimform) no matter what does or does not happen,....and DONT play your cards either!

dx

 

[impounded cats]

1. The Claimant claims payment of an overdue balance in the sum of  £16000 plus court fee incurred under an Avant credit unsecured loan, account number xxxxxx

 2.The Defendant failed to maintain payments in line with the agreement and the account has now matured the account was then subsequently assigned to the claimant and the defendant has been given notice of the account's assignment

Hello thank you

defence idea  

1.  The Defendant contends that the Particulars of Claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 4 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

 2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 3. Paragraph 1 is noted.  I have in the past had financial dealings with Avant    

4.  The Defendant did not receive a Letter of Claim before receiving the Claim Form from the Court. 

5.  The Claimant is put to strict proof to: 

(a)  show how the Defendant has entered into an agreement; and
(b)  show and evidence the nature of breach and service of a default notice  pursuant to Section 87(1) CCA1974; and

(c)  show how the Defendant has reached the amount claimed for; and
(d)  show how the Claimant has the legal right, either under statute or equity to issue a  claim.

 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. 

I am currently waiting for the Claimant to comply with my section 77 request as well as receipt of copies of the documents requested in my CPR 31.14 request.

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

 8. On the alternative, as 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 and Section 82 A of the Consumer Credit Act 1974.

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

 

 

[dx100uk]

2 hours ago, impounded cats said:

4.  The Defendant did not receive a Letter of Claim before receiving the Claim Form from the Court. 

you need to change this to answer the 2nd part of their para 2 

[impounded cats]

1.  The Defendant contends that the Particulars of Claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 4 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   The Defendant did not receive a Letter of Claim before receiving the Claim Form from the Court.

3. Paragraph 1 is noted.  I have in the past had financial dealings with Avant    

4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. 

5. I am currently waiting for the Claimant to comply with my section 77 request as well as receipt of copies of the documents requested in my CPR 31.14 request.

Therefore until such time the claimant is put to strict proof to: 

(a)  show how the Defendant has entered into an agreement; and
(b)  show and evidence the nature of breach and service of a default notice  pursuant to Section 87(1) CCA1974; and

(c)  show how the Defendant has reached the amount claimed for; and
(d)  show how the Claimant has the legal right, either under statute or equity to issue a  claim.

 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 7. On the alternative, as 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 and Section 82 A of the Consumer Credit Act 1974.

 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. documents referred to within the Claimant’s particulars to establish what the claim is for. 

 

 

.

[AndyOrch]

Tidied up and removed duplicate response.

[dx100uk]

still no mention of getting/requiring a NOA , their poc para 2.

[AndyOrch]

Or failing to maintain payments or reference to a Default Notice ?

[impounded cats]

Got this what happens next 

Dear Sir/Madam,

We act on behalf of the Claimant.

 We write to confirm that the Claimant wishes to proceed with the Claim.

 We confirm a copy has been served on the Defendant.

 Thank you for your kind assistance.

 Kind regards.

TM Legal

[dx100uk]

std letter in every perch/tm claimform thread

yours is not the next move

[impounded cats]

Hi got this 

I silent thanks i await court response thanks

Tm legal sent me a tree of paper work with loan stuff

also another letter saying I unreasonable conduct defence frivolous and vexatious defence before the court and in letter offering 15% off I not got as only work now part-time due to health.

They just trying to nerve me what happens next politely. 

 

 

TM Legal Begging Letter.pdf

[impounded cats]

Defended heard nothing till I got this today can you help perch capital 16k 

Debt bought off avant

N149B to Claimant.pdf

[Nicky Boy]

Merged with old thread.

Please continue posting here...