i have skimmed your topic and you have tons of ammo to use at this! why cave and pay the fleecers!???

no contract there???

my fault dx, point 3 is fine

gotcha, needs work though

who is the actual claimant, im seeing perch then tm legal????????

IN THE COUNTY COURT AT DURHAM CLAIM NO: Number BETWEEN: PERCH CAPITAL LIMITED (CLAIMANT) and MY NAME (DEFENDANT) WITNESS STATEMENT OF MY NAME I, MY Name WILL SAY as follows: I make this Witness Statement in support of my defence to this claim. The facts contained within this statement are true to the best of my knowledge based on the information disclosed by the claimant so far. INTRODUCTION I. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed lOp to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Perch Capital Limited claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the Consumer Credit Act 1974 this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other postcontractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. BACKGROUND 3. The Claim relates to an alleged unsecured personal loan between the defendant and Progressive Money Limited under an account number of xxxxxxxxxxx. 4. Whilst it is accepted that the defendant has in the past had financial dealings with Progressive Money Limited, the defendant is unable to recall with precision the details of interactions with Progressive Money Limited prior to the alleged loan being taken out. the alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. 5. On 21 October 2022, I received a Claim Form from the County Court Business Centre, Salford, for the amount of £26,360.00. The claimant contends that the claim is in respect of monies owing under an alleged agreement with the account number XXXXXXXX pursuant to the Consumer Credit Act 1974 (CCA). Contained within the claimant's particulars the claimant states that the account was subject to assignment to them from Progressive Money Limited, with notice given. 6. The defendant made a formal written request to the claimant for them to provide a copy of the Consumer Credit Agreement as entitled to do so under section 77 of the Consumer Credit Act 1974 on 14 November 2022 along with the standard fee of £1. 00. (Exhibit XX). 7. The claimant received the above request under section 77 of the Consumer Credit Act 1974 on 21 November 2022 (Exhibit XXX). 8. To date, the defendant has received no response from the claimant in response. 9. On II November 2022, the defendant, as entitled to do so under CPR 3l.14, made a formal written request to the claimant's solicitors, TM Legal, for them to provide verifiable, legible copies of the documents referred to with the Particulars of Claim, namely the Consumer Credit Agreement, the Notice of Assignment and the Default Notice. (Exhibit XXXX). 10. The defendant received a reply from the claimant's solicitors dated 17 November 2022 providing the requested documents. CONCLUSION 11. To date no valid full true copy of the executed Loan Agreement has been disclosed. The copy Agreement supplied shows no signatures of myself or my husband nor details of this being an online application which would contain tick boxes as validation of our application and acceptance, and timestamp and confirmation of my IP address. There is also no authorising signature by Progressive Money Limited. 12. My records show that Progressive Money Limited did not at any time provide a copy of the signed Loan Agreement, only a letter confirming agreement in principle and a copy of terms and conditions and pre-contract credit information. I have absolutely no recollection of signing the Loan Agreement and have thus far seen no proof of signature, either from Progressive Money Limited or the claimant, Perch Capital Limited 13. The claimant remains in default of my section 77 request and pursuant to this is not entitled, while the default continues, to enforce the agreement in any event. 14. Please also note that the Claimant has not complied with paragraph 3 of the P APDC (Pre Action Protocol) and failed to serve a letter of claim pre-claim pursuant to P APDC changes of 1 October 20 l7. It is respectfully requested that the court take this into consideration pursuant to 7.1 P APDC. 15. For the above reasons the claim brought by the claimant is without merit and possibly an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the claimant's claim is struck out for the above stated reasons. STATEMENT OF TRUTH I, MY NAME the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: Print Dated: Name: MY NAME

I haven't read the full thread so forgive my ignorance.. you are mentioning the original claimants in point 12.. it's not them who are issuing the claim so it's not relevent. Your opinion is not facts. Focus on perch......

I, ***** of ****** and is the Defendant in this case state as follows; I make this Witness Statement in support of my defence ***** and in response to the claimant’s claim dated **** which was submitted through County Court Business Centre. I represent myself as a litigant-in-person, with no formal legal training. Everything in the following statement is true to the best of my knowledge and belief. Introduction 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. ***** issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3.Please also note that the Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) and failed to serve a letter of claim pre-claim pursuant to PAPDC changes of 1 October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 4. Whilst it is accepted that the defendant has in the past had financial dealings with *******, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. i would start it like this, i wouldn't include point 12

i personally wouldn't use point 12

Cheers dx

Good Evening, Lantern debt recovery are still sending me letters and are constantly calling me about a debt that's already been dismissed and costs awarded. its an old PDL i posted on here recently.. i understand its still "valid" and they can still pursue me and issue another court claim ( which would be very silly of them), but their calls are actually doing my head in to the point i feel like changing my number. is there anything i can send them to stop, maybe a snotty letter? any advice? cheers.

Ok I jumped a head then. Yeah await court directions

Maybe..I have dealt with Lowell previously and they discontinued and ran away for the no paperwork.. when's your WS due?

No problem, crap CCA, no default notice..onto a beating in court the fleecers...if it ever gets that far

That's not a default notice. It says they have attached a screenshot from computer operating system?

ok, can you scan the default notice part which they say they have enclosed a copy of

please scan the docs up in pdf no default notice is fatal....

He lives around 1 mile away, I have asked him to go back in the night for photos. Thanks for the info , much appreciated

Name of the Claimant : UK Parking Control Limited Claimants Solicitors: DCB LEGAL LTD Date of issue – 29/12/2022 Date for AOS - 08/01/2023 Date to submit Defence - 31/01/2023 What is the claim for – 1. The defendant(D) is indebted to the claimant (C) for a parking charge(s) issued to vehicle ******* at Crownhill Retail park tavistock Road, Crownhill, PL6 5US 2.. The PCN details are 17/12/2021. 3 the PCN (s) was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's Signs (the contract) thus incurring the PCN(s) 4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. despite requests, the PCN(s) is outstanding. the contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £170.00 being the total of the PCN(s) and damages. 2. interest rate at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3 costs and court fees. What is the value of the claim? Amount Claimed £183.72 court fees £35.00 legal rep fees £50.00 Total Amount £268.72 The above is on behalf of a mate that lives down Plymouth, he grabbed something to eat at the above, parked in B&Q car park as it was quite late. He's AOS and also sent the CPR request to the solicitors. i have checked planning permission and unable to find any planning permission for the signs either. he chucked the original letters away from them (stupid of course) but has received the CPR request today which i have attached. i have the generic defence ready for him also. thank you. CPR REQUEST DOCS.pdf

it is the local court to you which you are ringing isnt it and not the bulk centre?

ring the court to find out?

all recon agreements i bet...

i would be interested to know for my knowledge, how one gets out of this once submitted.

Sure will do monday