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

[dx100uk]

agree to it.

 

this is what i was saying long ago.

there is no signed agreement by both parties (you and your mrs and the creditor.)

this is why progressive sold such a large debt on and not crush you both in court.

 

on your OH's claim, did they reply to her CCA/CRP?

 

 

 

[Andyorch]

ADR or Mediation is not a free service in Fast Track claims and must be paid for by the parties...so no to mediation/settlement.

 

.

[gibson71]

@dx100uk I am the Mrs!!  no reply to CCA for either of us.

 

@Andyorch there is no tick box for mediation so do you mean no to trying to settle and one month stay? What reason do I give for saying no?

[dx100uk]

so no then id forgotten it costs money,, you dont have to give a reason.

 

dx

 

[gibson71]

Great thanks.  Otherwise I assume I need to say I approve their directions which are fine except for transfer to Leeds CC.  Everything else OK?

[dx100uk]

andy has already explained re the court it's actually heard in.

 

 

[gibson71]

Yes I know it has to be heard in our LCC and I have put this on the DQ, but there is a section regarding directions where I need to approve theirs or not.

[Andyorch]

17 minutes ago, gibson71 said:

Great thanks.  Otherwise I assume I need to say I approve their directions which are fine except for transfer to Leeds CC.  Everything else OK?

 

Yes..... inform them you are the defendant litigant and it will be heard in your local county court.

[gibson71]

OK thanks, will get these filed Thursday.

[gibson71]

Great panic this week as received judgments in default for this claim stating we had not responded in time. 

 

Sorted it out over the telephone, they made a huge mistake and judge has set aside judgments, phew! 

 

Only problem now is that they have sent further DQ questionnaires even though these have already been sent and claimant and us have already filed them!

[dx100uk]

if the judge has set aside the judgement , it will thus be reset to if you'd just received the claimform.

 

do fill out the dq as you did before. 

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

 

 

[gibson71]

No  it has gone back to having just filed the defence.  DQ is not small claim or N180.  Court have proposed multi track but TM Legal have asked for fast track.  Mediation is not suitable as would cost us.

[dx100uk]

so n181?

 

dx

[gibson71]

Yes N181, I filed it on 5 January but I guess I have to do it again by 13 February.

[gibson71]

DQs filed again before 11 Feb deadline, nothing further received as yet.  Have been ill but working on witness statement for now.

[gibson71]

Draft witness statement 

 

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.

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

 

 

[lee19921992]

i personally wouldn't use point 12

[lee19921992]

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 

Edited March 14, 2023 by lee19921992

[dx100uk]

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimants witness statement.
 

have you a court date then?

 

 

[gibson71]

@dx100uk I'm confused, is this a suggested part of my witness statement?  We don't have the claimant's witness statement yet.  No court date, I'm just trying to get things ready as you say to do and not just wait.

 

@lee19921992 I don't understand what's wrong with point 12, it's an important part in my opinion.  Thank you for your suggestion for the first part, that's great.

[lee19921992]

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......

Edited March 14, 2023 by lee19921992

[dx100uk]

ideally you need theirs before you file yours yes.

 

as for point 12....its admittance of the loan

 

dx

 

 

 

[gibson71]

@lee19921992 I totally understand that, but was trying to illustrate I had never seen a signed copy.

 

@dx100uk have I not admitted the loan in my defence? Can you tell me what the paragraph you have given is for?

[dx100uk]

Para 12 admits a loan.

 

If you go read other threads with a defendants was in it, you'll see that's a std insert in relation to the claimants was.  And should be inc, until we know otherwise .

 

Look at claimant ws's too on here 

 

Dx

[gibson71]

Thanks @dx100uk I have removed point 12.  As I say though, have I not admitted the loan in point 3 of my defence?