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

[dx100uk]

On 14/03/2023 at 18:27, gibson71 said:

BACKGROUND
3. The Claim relates to an alleged unsecured personal loan between the defendant and
Progressive Money Limited under an account number of xxxxxxxxxxx.

why?

 

dx

 

[lee19921992]

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

[dx100uk]

Last sentence of 4.

 

Not sure why this keeps popping up in ws's, we never have said that as the poc says nothing of the sort 

 

Dx

[lee19921992]

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

[gibson71]

The claimant is Perch.  TM Legal are just the solicitors acting on their behalf.

[lee19921992]

gotcha, needs work though

Edited March 15, 2023 by lee19921992

[dx100uk]

That's on the Claimform .doh!

 

You are missing the point 

 

Read the end of point 4 again 

That is not true, and neither does their poc state so!!

 

Wake up!!

 

Dx

[gibson71]

What's on the Claim Form? I'm completely confused.  I was referring to point 3 of my defence.  Can you clarify and please be kind!

[dx100uk]

On 14/03/2023 at 19:06, lee19921992 said:

the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

the claimant did not lend the money, they are a debt buyer.

time to move on lee gets it...

On 15/03/2023 at 22:57, gibson71 said:

I was referring to point 3 of my defence.  Can you clarify and please be kind!

Quote

3. The Claim relates to an alleged unsecured personal loan between the defendant and
Progressive Money Limited under an account number of xxxxxxxxxxx.

you stated alleged...thats ok not admittance.

there never was anything wrong with your point 3.

and dont forget to add the hearsay statement i post after the introduction

but everything will change once you get their ws anyway

[gibson71]

@dx100uk see post 47 of this thread, point 3 of my defence was amended as per @Andyorch's suggestion.

[dx100uk]

Still not understanding..

 

.THERE IS NOTHING WRONG WITH point 3

[lee19921992]

my fault dx, point 3 is fine 

[gibson71]

@dx100uk point 3 of my defence admits loan of 15k.

 

@lee19921992 dx is talking about my defence, not the witness statement.

[dx100uk]

defence point 3 does not admit the debt..

 

 

point 3 of your WS neither admits the debt

leave it in.

 

dx

 

 

[gibson71]

On 14/11/2022 at 14:54, Andyorch said:

Looking at the T&Cs it states

 

 

You can go ahead and file the above as an informal first response then expand once you get to your witness statement stage of the claim but simply amend your point 3 to ;-

 

3. It is accepted that I have had a financial arrangement with Progressive Money in the past for a loan to the value of £15,000.00 excluding interest. It is denied that my indebtedness equates to the claimants claim of  £26,360.00.

 

This is point 3 above.

[AndyOrch]

Let's wait until you receive the claimants' statements and then we can draft your final version. In the event that they fail to serve it or serve it late give me a nudge 7 days before your filling date.

[gibson71]

We have received notice from the court that this is now being prepared to transfer to our local court

[AndyOrch]

Have you received the claimants statement ?

[gibson71]

@Andyorch no, not yet.  We haven't heard from them for ages.

[AndyOrch]

What date are parties suppose to file and serve by ?

[gibson71]

I have no dates yet.  I presume the letter from our local court will tell us more.

[AndyOrch]

Right okay so you have not had your Notice of Allocation as yet.

 

 

 

.

[gibson71]

No, I am waiting to hear from the local court.

[AndyOrch]

That's a long time since you filed (Feb) I would be inquiring with your local county court what the hold up is. ?

[gibson71]

It suits me fine, the longer it takes the better!!