Perch/TM Salford Fast Track Claimform - Progressive Money loan from 2016

[gibson71]

Hi,

 

I have received an N1 claim form from CCMC regarding a loan I took in 2016 with Progressive Money which I ultimately was not able to afford after the first few months. 

 

This went into default in 2017 and I offered token payments. 

 

The debt was then assigned last year to another company, Perch Capital, and ACI were managing. 

 

ACI have now passed the matter to their litigation team, TM Legal, who have issued the claim for a CCJ and then they want to apply for a charging order over my house.

 

  Is there anything I can do? 

I have filed an acknowledgement of service so far which buys me a bit of time. 

 

The loan was for £15,000 but front-loaded interest means I owe £26,360 in total.

 

[BankFodder]

Have you sent them a CCA request? This is the first thing you should do – do it straightaway.

Secondly, you are talking about frontloaded interest. I'm not too sure that means. Please explain. Does the amount that they are claiming include late payment charges, administration charges et cetera?

You say that you were making some token payments. Was this by some agreement? Did you maintain the token payments or have they broken down as well?

[dx100uk]

please complete this and we'll get you moving properly

 

dx

[gibson71]

I sent a CCA request when I first received notification of the assignment of the debt and received the CCA. 

 

The front-loaded interest just means that instead of adding interest each month, they put all the interest on to the loan at the beginning.  The loan was for £15,000, but currently we owe £26,360.

 

Which Court have you received the claim from ? CCMC Salford

 

Date of issue – 14 October 2022

 

Particulars of Claim

 

What is the claim for – 

1.The Claimant claims payment of an overdue balance in the sum of £26,360.00. 

 

2.The sum was incurred under an unsecured personal loan, agreement number xxxx, originally entered into by the Defendants with Progressive Money Limited (the original Creditor) under an agreement taken out on or around 25 February 2016. 

 

3.The Defendants having failed to maintain contractual payments, were issued a Default Notice dated 13 April 2017. 

 

4.The Defendants failed to remedy the breach and the account was later assigned by the Original Creditor to the Claimant who has given notice of the account's assignment.

 

What is the total value of the claim? £27,778.00
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure, I was notified by letter that a claim would be forthcoming.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No.
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Unsecured loan
 

When did you enter into the original agreement before or after April 2007 ? - date of agreement February 2016
 

Do you recall how you entered into the agreement...On line /In branch/By post Not sure, possibly 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. Account assigned and the debt purchaser has issued the claim.
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, Notice of Assignment was received.
 

Did you receive a Default Notice from the original creditor? Yes I believe so.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes, the assignment was in 2021.
 

Why did you cease payments? Payments ceased after assignment, we attempted to show that we could not afford payments (which in hindsight was the wrong decision!)
 

What was the date of your last payment?  31 January 2021
 

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? Yes, and we were paying token payments from default until 2021.
 

[dx100uk]

are you sure this is through salford court not northants bulk with a password in the information box?

 

 

[gibson71]

Yes, double checked and definitely from Salford CCMC.

[dx100uk]

crafty

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

 

 select the n9b form from the pack and respond to the claim  do not counterclaim!!
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction etc unticked

 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]

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

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

 

dx

 

[gibson71]

dx100uk

 

I already sent a CCA request when the debt was assigned and they provided this. Acknowledgement of service is already filed.  By my calculation the defence needs to be filed very soon, 16 November?  Is this correct?  I have no idea what I need to file as my defence. 

 

I was given a template for a letter to the company's solicitors managing the debt which I sent (common law) which I sent but they have just replied saying this has no effect (copy attached). 

 

The CPR  31:14 request, not sure there is time as the defence is due so soon? 

 

The solicitors have also stated that if I defend the debt and they win, they will add all their costs on. 

 

Have I got any chance of successfully defending this realistically?  If they get a CCA, the plan is for them to then apply for a charging order over our house.  They say they have no plan to force sale of the house, just have the order so the debt will be repaid eventually on sale or re-mortgage of the house. 

 

We have no plans to ever sell the house while we are alive.  Not sure if there is anything I can do to protect against a charging order or protect against them forcing a sale.  I just don't trust these people! 

 

Jenny

 

 

[Andyorch]

 

 

Quote

 I was given a template for a letter to the company's solicitors managing the debt which I sent (common law) which I sent but they have just replied saying this has no effect (copy attached).

FOTL (freeman of the land) twaddle no wonder...

 

 

 

.

[dx100uk]

 

god no not freemen of the land twaddle please.

 

can we see the CCa return you got please?

 

 

send the CPR you do NOT have to await the return of any paperwork to file your defence

and ever letter ACI/perch etc sends out always goes on about charging orders and house sale...typical twaddle just like fMoTl stuff you've read...

 

there are numerous examples of our defence here

, but we need to see this supposed CCA return first please

 

dx

 

 

 

[Andyorch]

Post unapproved you have not redacted your name address or any references identifying yourself.

[gibson71]

Sorry Andy, how do I redact?

[Andyorch]

Use software to blur redact using Paint or Photoshop etc .

[dx100uk]

read our upload guide carefully!!

put everything in one mass PDF no single pages

and dont use their ref no's as it title.

 

is that agreement sighed

or has you name in type with a ticked box and IP address and time and date?

was this taken out online?

 

also include all the threat-o-grams and your previous replies too please whereby they go on about a charging order you panicked about and was silly enough to reply over too. 

send us everything to date please

 

 

 

dx

 

 

 

 

[gibson71]

CCA docs and correspondence received attached. 

 

 

Can I serve the CPR 31:14 by email or does it have to be by recorded post?

 

Jenny

 

CCA + T+Cs.pdf

 

docs1.pdf

[Andyorch]

Email is fine if they accept electronic communication.

[dx100uk]

are the signature boxes in the CCA blank or what was in them? (description)
 

[gibson71]

The signature boxes are blank in the CCA they sent me.

[dx100uk]

urm thats interesting 

did you post that CPR today, no default notice will also prove useful.

 

i have properly redacted and sorted the CCA and received comms PDF's

there appears to be contact from you to them prior to their letter of 26th july whereby they Ref info regarding Financial and physical stuff from you need that.

 

its a real shame that for some weird reason you went Freemen of the land as that has probably made you look like a fool and redoubled their efforts to scam you into paying before the claim and of course issuing the claimas they think it will be an easy win if you follow FmOtL twaddle.

 

well they have a shock coming

and it could work to your advantage.

 

ACI/TM rarely win any court cases IF things are done properly going FWD.

 

can i just confirm

ACI are the Claimant

and you are BOTH named on the SAME claimform.

 

lastly i wonder why Progressive sold such a massive debt for 10p=£1 to a DCA?

when they could have CRUSHED you in court themselves.... something is WRONG.. CCA no Sigs??

 

ca you remember taking this out?

how?

oniline

you both signed?

please expand?

 

dx

 

 

 

 

 

[gibson71]

Going to email CPR now.  There was loads of contact via email with ACI back and forth, just letting them know about my husband and I suffering with ill health and our financial situation.  

 

The claimant is Perch Capital.  ACI were acting and now it's passed to TM Legal who are the Litigation company, same people as ACI.  

 

Claim is in joint names and they sent two copies to us.  

 

I remember taking it out, we think it was online but not 100%.

[dx100uk]

ACI are NOT TM.

 

as you have TWO claimforms you MUST duplicate EVERYTHING you do in each name.

AOS/CPR/CCA

 

if you could take the time to redact aLL inmails in/out in DATE ORDER to one Mass PDF that will help us help you.

 

dx

 

[gibson71]

ACI and TM Legal have the same postal address.  Have just sent the CPR as a letter from us both, not much I can do now.  The AOS I sent one each.  Will sort out emails tomorrow.  Thank you for your help.

[dx100uk]

there is LOTS you can do.

get reading up HERE NOT on the internet.

 

ACI/TM etc are all part of the PERCH Group (debt buyers)

lots of claimform threads already here for you to read.

use our enhanced google searchbox.

 

send a cca request under your partners name as i expect you sent one only under yours.

lets trip them up as to date they have not stated they are not relying upon a reconstructed version....

 

progressive sold this debt on for pennies...find that reason!!

 

 

 

 

 

 

[gibson71]

I won't be able to send a CCA request before the defence, as it needs to enclose a postal order and go by post, plus we have no printer so will need to visit a library and print it there.

 

My biggest concern now is I believe the defence needs to be filed by Tuesday, which is the 33rd day, so is it actually Monday? Are you able to help with what the defence is?  I'm so anxious, it's making me ill.  Feel like we're running out of time.

 

My CCA request was only done informally by email and they just emailed me back what I sent you.

 

Jenny

[dx100uk]

yes tuesday by 4pm.

 

plenty of Perch ACI TM claimform threads here with our std holding defence.

use our enhanced google searchbox.

 

im of the feeling you should ignore the previous CCA reply you got by email was it?

 

as with all perch/aci/TM claims there is something fishy here.

 

dx