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PERCH/TM LEGAL Claimform - old MYJAR pdl - 6 year old debt Statute Barred ?


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Hello , sorry of this is in the wrong place.

I have received in the post a County Court Claim claim form

This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018.

The debt isnt on any credit reports. 

4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred

their response

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.

For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred.

10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ.

Please help 

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What is the value of the claim?

Please can you post up the claim form in PDF format

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Quote

10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ.

 

Please read and complete the following posting your responses back here for further advice.

Topic title amended.

 

.

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • AndyOrch changed the title to TM Legal/MYJAR County Court Claim claim old 6 year old debt

Thank you. I expect that @dx100uk will be along soon to give advice.

Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law.

It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued.
This normally means that the breach of contract occurred.

Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory.

If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date.

Did you not receive any correspondence at all in 2017/2018?

What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that.

See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity.
You can even include a copy of the claim form as well as proof of your identity

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  • AndyOrch changed the title to TM Legal/MYJAR County Court Claim old 6 year old debt

Which Court have you received the claim from ? 

Name of the Claimant ? Perch Capital 

How many defendant's  joint or self ? self 

Date of issue –  07 june 2024

Particulars of Claim

 1. The Claimant claims payment of an overdue balance in the sum of £749.69 incurred by the defendant under a MYJAR Ltd running credit account number XXXXXXXX.

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? 889.68 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? email 

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? Yes

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 ? after Nov 2017 

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...) ? 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. Debt agency TM legal / Perch 

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

Did you receive a Default Notice from the original creditor? No – The agency have however sent me a copy of one dated sep 2018 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? unsure 

Why did you cease payments? Financial difficulties and mess 

What was the date of your last payment? Never made a payment. Was payday loan for £375 Nov 2017 

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? Told them was unable to pay back  

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Thanks now refer back to my link first task is to acknowledge service of claim...all the instructions are provided in my link above and must be completed by Tues 25th June 16.00...also see instruction re sending a CCA and CPR request in the same link. 

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court 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 might as well file our SB defence at the same time.

1 The Claimant's claim was issued on dd/mm/yyyy.

 2.The date last payment made was the dd/mm/yyyy 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to PERCH/TM LEGAL Claimform - old MYJAR pdl - 6 year old debt prob sb'd

Thread title updated the claim is nothing to do with MYJAR now. 

Claimant is perch.. A debt buyer/dca

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much! 

I have managed to log in and complete that so all sent off now.

Does it typically take long to hear back?

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Just type no need to hit quote!!! 

Have a good read of a few past threads here. 

Get upto speed!! 

Programmable Search Engine (google.com)

Clickme^^^^

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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7 hours ago, L33noa said:

Does it typically take long to hear back?

You won't be hearing anything back you have simply acknowledged service which stops a default ccj follow the guidance in the link I posted....CCA & CPR requests next and then prepare and submit a defence.

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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did you file the defence too? as well as AOS?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • AndyOrch changed the title to PERCH/TM LEGAL Claimform - old MYJAR pdl - 6 year old debt Statute Barred ?
22 hours ago, L33noa said:

Did you receive a Default Notice from the original creditor? No – The agency have however sent me a copy of one dated Sept 2018 

What was the date of your last payment? Never made a payment. Was payday loan for £375 Nov 2017 

So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)

:bolt:

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I have received an email from TM Legal today

We note a defence has now been filed whereby you have admitted to obtaining funds and being aware of the Notice of Default.

It remains the claimants position that the claim was served within the 6 year period outlined in the Limitations Act 1980 and that you remain responsible for the outstanding balance.

 

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On 14/06/2024 at 12:50, AndyOrch said:

the claimant will of course be arguing it is within the limitation period (by 3 months)

:classic_blush:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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