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Perch/TM PAPLOC now Claimform 1 of 2 - OLD omni capital retail finance store card/loan debt


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Hi all,

Just a quick q. I am responding to a LOC from TM Legal who are acting on behalf of ACI who are on behalf of Perch.

will send off my PAPLOC and CCA request tomorrow but wanted to double check the CCA goes to Perch, not ACI?

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yep. they are all simply trading names of perch to try and scam people into thinking their debt is going up some kind to mystical legal chain...which is BS.

all dca's pull these stunts and have done since the late 1970's

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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LOL.

after sending Perch capital a CCA request with a stapled £1 PO attached (x2)

Their lapdog Legal team TM Legal have sent me two letters today saying

"due to a recent payment on the account, your account is open to legal/enforcement action"

i guess they have tried to apply that payment to the account to run the statue bar along.

dirty tactics lol.

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I had to deal with these last year worst DCA I have ever dealt with.

Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter.

My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out

 

 

.

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  • 1 month later...

I have had a pre "warning" from TM Legal regarding 2 old debts stating they are going to send a claim form in email.

I was sent a PAP form which i responded to on both but like a melt i sent their PAP pack back to them in my request for CCA etc using the CAG response form.

I have not to my knowledge received a response for either. my question is, will sending their pack back cause me issues in the future? can I request they send this back to me?

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They cannot send any claim forms, they are issued by Northants bulk

Usual rubbish, and legally cannot be served by email unless you've specifically given Northants bulk permission to do. 

 

Usual claptrap from TM.. See

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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today I received two claim forms.

Interesting how tm legal are keen to rush into this as they didn't respond to my paploc response and my requests for all the information including cca agreement etc.

Guess they probably lost this in the pile and think this will result in a backdoor ccj

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new thread created for the court claims.

please complete this twice and i'll make another thread from the 2nd PDL Claimform

we need to keep them sep.

 

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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so you had 2 loans with john lewis?

these are a claim for each one?

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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Not john Lewis these are for a an omni capital finance.

Both were processed same time as each other and defaulted pretty much the same time.

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so not in your original list then on the other thread

.where are you getting these OC's details from?

have you not typed out the POC in full for each then?

the POC must state the OC's name.

it is very important as we ask on the sticky to type out the POC in FULL VERBATUM.

else we've no chance of correctly advising you.................

so the were PDL's?

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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I held back on all the details i thought should be, account numbers etc. I can amend though w/o acct numbers.

No they were not on the original thread, apologies. these were essentially a couple of small ones I missed.

particulars of claim are verbatim as per their claim.

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you only need to redact A/C numbers (but replace those with how many digits the number is.)

everything else MUST be verbatim please.

type the POC's out again please.

dx

 

  • I agree 1

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

Name of the Claimant ? Perch Capital Limited

How many defendant's  joint or self ? Myself

Date of issue – 20/6/24

date for AOS - 08-07-2024

date for defence - 22-07-2024

Particulars of Claim

What is the claim for –

1.The claimant claims payment of an overdue balance in the sum of 456.79 incurred by the defendant under a omni capital retail finance limited, credit sale, account number xxxxxx.

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? £556.79

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

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? Store credit (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...) ? yes

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. DCA

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

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 ? Yes

Why did you cease payments? Separation. Covid money issues.

What was the date of your last payment? may 2022

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? explained to the OC directly. then dealt with Step Change for a short while before going alone.

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Getting confusing this topic...should be separate topics for each claim.

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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  • dx100uk changed the title to Perch/TM PAPLOC now Claimform 1 of 2 - OLD omni capital retail finance store card/loan debt

new thread created for 2nd claim 

Perch/TM PAPLOC now Claimform 2 of 2 - OLD omni capital retail finance store card/loan debt - Financial Legal Issues - National Consumer Service (consumeractiongroup.co.uk)

 

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

https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464
.
 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 the website
..
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]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

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

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


 

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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  • 2 weeks later...

Hi guys,

I have drafted a defence, please see below and let me know if this works. Both CCA agreement sent (second time) along with your CPR31:14 to TM Legal.

Particular's of Claim added for reference

 

What is the claim for –

1.The claimant claims payment of an overdue balance in the sum of 456.79 incurred by the defendant under a omni capital retail finance limited, credit sale, account number xxxxxx.

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? £556.79

 

Proposed Defence

 

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

2. Paragraph 1 is noted. The Defendant has had a contractual relationship with Omni Capital Retail Finance Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information on two occasions.

3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Omni Capital Retail Finance Limited and received by the Defendant.

4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Omni Capital Retail Finance Limited.
 
5. On the 30/04/2024 and 02/07/2024 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 02/07/2024 a CPR 31.14 request was sent to TM Legal who is yet to respond. To date, xx/07/2024, no documentation has been received. The claimant remains in default of my section 78 request.

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/breach or termination requested by CPR 31.14,

therefore the Claimant is put to strict proof to:
(a) show how the Defendant 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
(c) show how the claimant 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;

7. As per Civil Procedure 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 82A 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. 

 

 

.

 

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4 minutes ago, RodeMan said:

will this leave them less time to respond?

Make's no difference to the claimant they still have 33 days to respond and decide if they wish to proceed.

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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You can always tweak it slightly should anything materially changes before then ..unlikely though.

 

.

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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