Perch/TM PAPLOC - old Oakbrook PDL

[catscratch]

Dear all,

I am hoping for some advice/guidance on this matter.

I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons:

1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation.

2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship.

3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term.

I also added the following:

Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances.

I hereby request that your institution:

1: Conduct a full investigation into my claim of irresponsible lending.

2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence.

3: Cease all collection activities related to the loan until this matter is resolved.

Yesterday i received the attached reply via email and it included:

1: The Original Loan agreement

2: An account statement

3: A copy of a default notice letter.

The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply.

Any thoughts appreciated

.............
Reference xxxxx

We write further to your recent letter and note your comments. We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts.

We do not accept that the contents of these templates bear any particular relevance to your case.

Any mis-selling Claim would need to be directed to the Original Creditor, Oakbrook Finance Limited.

Please find attached copies of the requested documents.

The document is password protected with your date of birth in the following formal DDMMYY

We trust this satisfies your query and we would therefore look for you to settle the balance in full or enter into a payment arrangement.

Please action the above by the 17th May 2024 as if we do not receive contact from you by this date, we would look to take further instructions from our Client which may result in the issuing of County Court Proceedings.

TM Legal
 

 

[lolerz]

should have come here first really.

What you requested was a load of irrelevant twaddle.

What was the original debt?

Have you moved since taking it out?

If TM Legal are chasing, that should means that Perch own it now?

Did you get the letter of claim by email or post? You should kill the emails immediately. 
 

[BankFodder]

In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?

[dx100uk]

likely loans PDL?

when did you take it out?

when did you last pay/use it?

at the time of take out was your credit file shot full of defaults/missed payments/other debt?

dx

[catscratch]

I'll try and answer some of the questions asked and stay relevant.

 I do try and do things for myself and sometimes especially where mental health issues are involved it is difficult to ask for help or even get around to it, the irrelevant twaddle was compiled by looking at various websites and information, not one source

getting as much information as possible, the fall down was that i tried to cobble something together using this information, it was not a template per se.

Not sure when you ask what the original debt was as in do you mean the amount? I haven't moved.

The original LoC was by post.

I assume they got my email from account, i have never responded to or acknowledged anything by email.

. I utilised information that i had gathered and foolishly by the looks of things tried to manipulate it into something useful.

- Not sure when i last paid, it would have been early 2023 i think.

I took it out 17/11/21.

My credit status was poor at the time with other debts and a couple of defaults at least.

Hope that helps.

[fkofilee]

I want to add my 2 cents here... 

The purchase of this debt, Perch Group dont absolve themselves of liabilities from the Original Creditor. They should be responsible for dealing with this complaint in response to an Irresponsible Lending dispute. 

If the balance is disputed as such in that way - Then they should be referring to the Original Creditor where applicable. 

 

Also if your complaint was written in a way where a template wasnt used or it was rewritten to a similar effect where it wasnt recognisable - Then you probably would have stood a better opportunity at it not getting rebuffed. 

To be honest those - Perch and TM Legal are a waste of Oxygen and will say anything to get you to pay. 

 

Ditto on the template. Where did you find it? 

Please keep in mind we have to unravel what you have done till now and help build a formal response. 

 

 

[catscratch]

Hands up in the fact that i have probably messed up

[fkofilee]

Its okay - It happens. And this is why DCAs  user every trick in the book to try and make you crack. 

Now its time to come back. 

 

Im not sure how to proceed if Im honest if they have issued a Letter Of Claim. 

Only as You could complain to Oakbrook and they still proceed with Legal Proceedings, but I dont know if that would help or hinder the legal proceedings if they began down that avenue. 

I know a FOS complaint wouldnt stop Legal Action and probably run along side it. 

But I guess a judge would view a disputed balance with the original creditor as cause for concern whether the DCA's claim is valid? 

 

A bit of a muddle. 

 

 

[fkofilee]

I have an answer.

 

Request 60 days breathing space for now. I think we can help. 

[dx100uk]

Debt Respite Scheme (Breathing Space) guidance - GOV.UK (www.gov.uk)

but dont get scammed into a DMP. simply tell whomever you call to simply apply for the BS for you.