I got a letter today for the small claims track. N149A form & N180 form I'll get it sent in next week. So it looks like they want to go ahead which is fine. I'll tick the box for Mediation and ask for my local court. This should be a faster case than my last one. They've supplied me with all the paper work I asked for in the CCA request and I have even offered a payment plan and filled out a income & outcome form out and they ignored that and asked me to call them. I emailed them back asking for it all be done in writing as so far I have complied with everything they have asked of me in terms of coming to an agreement and you've ignored my offer of payment upping it from £10 to £20 a month after filling the expenditure form out. This is where it all ended. if we do which I suspect we will end up in court I won't need to submit mounds of evidence like last time. My defence this time will be lack of communication and an unwillingness to avoid court be not accepting any kind of payment offer

DX100 just to refer back to post #61 that post was from an email I got from TM legal I was copied in to ccbc justice.gov email address stating to them that they still wanted to go ahead with the court hearing. This was on the 30 June. I've heard nothing since and my defence was submitted on the 1st June. with the time lapsed like this would that be correct then it is now "stayed" I wasn't sure if there was a cut off point or not once the process was started off this far as to submitted defence statements? Andy - I can't remember from my last one. once I submit my defence to the court, they of course need to submit one as well? I know the court told me they would send them a copy of the defence I sent in but 30 days passed from this point to them telling the courts they wanted to proceed still but it's all gone cold now we haven't even got to the point of getting letters asking for mediation yet and dates needing to be set for that.

What is the waiting time for court? I've checked the Mcol site and this was the last entry your defence was received on 01/06/2023 at 16:05:10 I'm sure my last appearance didn't take this long. The company has stopped all communication now so not heard anything from them since the last email that was sent to the court from them saying they still want it to go ahead

Further update to my last post, As I said I went from offering them £10 a month to start with and they rejected that offer but asked me to fill in an affordability assessment which I did and I increased the payment to £20 a month there was room for £30 However They wrote and email to me asking me to phone them and no mention of the assessment I filled out or the £20 offer a month. again I stated that this could be looked into again in the future it might mean I can increase payments. I also said to them I don't understand what they would want to talk to me about on the phone and that I would prefer communication via post or email and that I had done what they asked me to do but not yet responded to that. I've heard nothing for nearly a month till tonight. I was copied into this email to the courts stating this and they have completly ignored the fact I filled out an assessment form and never bothered to react to that. I guess we are pushing ahead for mediation and probably onwards for a court hearing as I've no doubt they'll accept any payment plan other than in 3 installments despite saying contact them if I wish to set up a payment plan Dear sirs We write with regards to the above matter and confirm we act on behalf of the Claimant. We confirm that the Claimant intends to proceed with the matter. the Defendant has been copied into this email. Kind regards Litigation Department TM Legal

I offered them £20 and filled out the I&E form as there wasnt anything to lose in doing that. I've probably got room to go upto £30 Yeah I brushed off most of that email to be honest I wasn't scared, Having already experienced court once for a Debt it wasn't as bad as I thought it would be. First judge seemed nice enough, 2nd one well as you said already judge lottery he couldn't be bothered that 2nd one I was the last case of the day he'd probably had enough by the time I got to him. I got a further response back to my I&E form plus the offer of £20 a month I offered. They wan't me to call them, even though I stated from their own website that communication be either phone or email and I selected email. So I won't be calling them. I'll email them back later just reminding them that I have complied with what they have asked and let them know that I want all communication in writing. I'll be in a better position come November next year as I'll free up nearly £200 a month towards my debt payments as I've been paying off a CSA debt for the last 6 years and it will be all cleared by then. It's one debt where the CSA actually messed up themselves and nothing to do with me. Still had to pay it back though. In another 2 years time when my daughter starts high school I'll free up about another £250 a month from afterschool club fees so £450 a month to help clear these debts off

Hi guys back with an update from TM legal. This is there response to the Tomlin order I requested and offer of £10 a month. We write regarding the above. Thank you for your recent email whereby you have proposed an offer of repayment for £10.00 per month by way of a Tomlin Order. Unfortunately, due to the balance outstanding and the amount offered, our client would not be willing to agree to a Tomlin Order. It has since been noted that you have recently filed a Defence to our County Court Claim, a response to which will be sent in due course. We may be instructed to continue with the claim and oppose your filed Defence. Moreover, we would also point out that the Defence filed is in a format that is circulated on consumer-based websites whereby Defendants are encouraged to use this template in order to avoid repayment of their debts. You will note in your defence that it is alleged you are still awaiting copies of documents requested, an email response was sent to the email address ‘g.co.uk’ on 31/05/2023 with an attached document containing the requested documents. This letter has also been further referenced in your email regarding a Tomlin Order. Whilst we appreciate this may not be suitable for your circumstances, we have been instructed by our client to offer an arrangement across four months which would prevent judgment being requested. If you feel this would be affordable you may contact our office to enter this arrangement on 01253 531 061 as a matter of urgency. If this would not be affordable for you, we’d like to ask you to complete an income and expenditure form to gain a better insight into your current affordability. You can complete the form online at https://tm-legalservices.uk/budget-form or you can also call our office to go through your income and outgoings with one of our Case Managers. We ask that you complete the Income and Expenditure form by the 15 June 2023. If we fail to hear from you further, we could be instructed to continue to trial, where Judgment may be granted against you and costs may be awarded in a sum up to £900.00.

Thanks Andy/DX I've emailed the company asking them if they'll agree to the tomlin order and a payment plan. I'll wait to see if I get a reply later on and if not file my defence tonight

Do I ask them in the email if they will agree to a tomlison agreement and stay the matter with court? or not mention that and just say in the email - in light of the recent return of the CPR 31.14 information I with to enter into a monthly agreement for such amount (low offer of course to start with) I'm a little worried as I put to fully defend the claim on the Mcol site and done nothing more with it at the moment I need to file something by 4pm Friday this week

So should I give them a call and ask them if they'll do this?

Ok so this is a new one. For a Tomlin order what do I need to fill out and do I submit this on the mcol site in place of my defence or do I email this direct to the company? I need to submit my defence by Friday 4pm

I've looked up the tomlin order but I work for the NHS so it won't put my job at risk and puts the DCA in a position to ask for any amount of payment they want or get a CCJ We are only a few days away from needing to file my defence for court. would it help to file the defence in the current format and just down play that I hadn't seen the email for the DN, credit agreement etc and then either let it go to court and admit I owe the money and offer a payment plan with them after or agree to one once this first defence is submitted. The other option would be mediation before court? is this always an option?

Yes, to be honest, shouldn’t have taken it out but car issues at the time called for desperate measures. Where do I go from here then. I’ve filled out the MCOL site as fully defend the claim. Defence needs to be submitted by Friday at 4pm.

Thanks Andy I have just scanned up copies of the DN and notice of assignment they sent me via email this morning. blanked areas where my name and account numbers should be I've taken out. Can you have a look and let me know if my defence needs to change based on this new information. The account is only a few years old so doesn't surprise me they've got this info. TM legal DN notice & assignment.pdf

Particulars of claim for reference only 1. The claimant claims payment of an overdue balance in the sum of (£3468.72) incurred by the defendant under a likely loans, unsecured loan account number (is 10 digits long) 2. The defendant failed to maintain payment in line with the Agreement and as a result the account was terminated. 3. The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment Defence The Defendant contends that the particulars of claim vague and 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. 1. The Claimant claims payment of an overdue balance incurred by the defendant under a Likely Loans, unsecured loan. I do not recall the precise details of the agreement and have sought verification from the claimant's solicitor by way of a CPR 31.14 and section 77 CCA1974. 2. I am unable to recall the precise details of the alleged breach the claimant has yet to respond to my CPR 31.14. 3. I am unable to recall if the claimant did serve a Notice of Assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 as alleged or at all. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; 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; 5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date I am still waiting for them to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request. 6. As per Civil Procedure 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 82A 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.

Thanks I must have passed that one when looking through. I'm just going through that one now and changing things over to make it relevant to this one