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

[gibson71]

OK thanks.  Yes, CCA was received by email.  CCA request should go I presume to Perch Capital directly rather than TM? 

 

Do you still want all the past emails?

 

[dx100uk]

but you sent the email and there wasnt a sep one from your OH if you get my drift.

you cant deal with this without duplication and it was only by email anyway

yes send a CPR EACH to TM

and send a CCA request to the claimant listed on the claimform.

 

it would be better if we have all the comms yes.

[gibson71]

OK, so send two more CPRs even though I have sent a joint one? 

 

I will get comms done shortly, it may take a while though.

[dx100uk]

And a CCA.

 

You cannot send anything joint, you each have your own individual claimform 

 

There are are two separate claims 

 

Dx

[gibson71]

Can you point me towards a suitable defence template, I am having trouble finding one? 

 

Only one claim number, both of us mentioned as defendants.

[Andyorch]

No such thing as a defence template as all claims are unique to your debt and the particulars of claim. You can search similar topics with the same claimant/debt and similar circumstances.

 

Search here and have a go at drafting your defence with your details/particulars of claim using previous successful defence.

Post here for opinion and checking first.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Andy

[dx100uk]

5 hours ago, dx100uk said:

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

use our enhanced google searchbox.

 

 

[gibson71]

Started a draft of my defence ...

 

1.  The Defendant contends that the Particulars of Claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 4 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

2. Paragraph 1 is noted and accepted.  I have in the past had financial dealings with Progressive Money Limited.    

3.  The Defendant did not receive a Letter of Claim before receiving the Claim Form from the Court.

3.  The Claimant is put to strict proof to: 
 (a) show how the Defendant has entered into an agreement; and
 (b) show how the Defendant has reached the amount claimed for; and
 (c)   show how the Claimant has the legal right, either under statute or equity to issue a  claim; 

 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for.  

I am currently waiting for the Claimant to comply with my section 77 request as well as receipt of copies of the documents requested in my CPR 31.14 request.

 6. As per 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 82 A 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. 
 

 

[dx100uk]

thats some of it yes but in the wrong order

you also need to add our no letter of claim statement as the 2nd line from top

 

3 a,b,c, etc should be lower down and is missing the no default notice statement. which is fatal to any claim.

 

also dont say at 2 you accept leave it as noted.

 

text here is fine dont use docx all your details are in file properties/info.

[gibson71]

Particular's of Claim for reference.

 

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

 

 

 

 

1.  The Defendant contends that the Particulars of Claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR 4 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

 

2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

3. Paragraph 1 is noted.  I have in the past had financial dealings with Progressive Money Limited.   

 

4.  The Defendant did not receive a Letter of Claim before receiving the Claim Form from the Court.

 

5.  The Claimant is put to strict proof to:

 

(a)  show how the Defendant has entered into an agreement; and
(b)  show and evidence the nature of breach and service of a default notice  pursuant to Section 87(1) CCA1974; 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.

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. 

I am currently waiting for the Claimant to comply with my section 77 request as well as receipt of copies of the documents requested in my CPR 31.14 request.

 

7. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. 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 82 A of the Consumer Credit Act 1974.

 

9. 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.

 

 

Comms with ACI attached.

Comms ACI.pdf

 

Comms attached above, has merged with the defence!

[dx100uk]

hey it's brilliant you've picked things up so fast after a dodgy start with these fleecers

 

, that almost looks perfect to my eyes but please let @Andyorch check it, and of course  no 4 is now not needed re loc.

[gibson71]

Wow thanks, good news.  Did you see I've sent the ACI comms? 

 

I've sent TM Legal CPRs for both of us and prepared CCA requests for both of us which will go off ASAP.

[dx100uk]

were you suffering these issues in 2016 and at the time of the loan were both of your credit ratings clean or did either have outstanding debt, ccj's defaults etc. i now understand why the original creditor dropped this like a hot brick. 

 

dx

 

[gibson71]

Yes, when we took the loan we were trying to consolidate lots of debt, our credit ratings weren't great but no CCJs.  We were both suffering health issues especially my husband.

[dx100uk]

what was the working situation OH was already not able to work and you were on part time or wages wise things were much much better then?

 

you indicate this was an online application with progressive money? did you have any interactions/questions from/to them before they let you have it?

 

credit ratings not being the best are not on their own a reason to refuse.

 

i'm looking at what is called irresponsible lending complaint here, because they must do certain checks before loaning to people esp the amount (£15k ...£26k with interest)  HOWEVER this will be a SIDE ISSUE to the court claim. but has seen good results in the past, perch capital/aci however they want to call themselves could be forced to remove all interest from the sum owed.

[gibson71]

I have been self employed working from home as a secretary since 2006.  2016 I was doing more work but still struggling with debt.  We were desperate to try and consolidate, but didn't manage to keep up repayments more than a few months, ultimately not affordable.

 

Hard to remember now, think it was signed online but no idea of what interactions/questions occurred.  

 

 

[dx100uk]

ok pop that to one side then.

lets focus on your court claim.

 

 

[gibson71]

OK, great, so just need Andy to check the defence and then I can file it?

[dx100uk]

i would.

 

 

[Andyorch]

I think you need to work on your point 3.....this is not some small claims amount that you can defend using technicalities but significant and will be Fast Track with serious costs implications.

 

You entered into an agreement for 15K.....the interest being front loaded is questionable and possibly unfair and should be calculated monthly Hence the requirement of settlement early redemption figures should you wish to settle early.

 

Andy

 

 

[gibson71]

Hi Andy, are you able to help me with point 3? I have no idea what to add and I need to file this tonight.  

 

Jenny 

[Andyorch]

Looking at the T&Cs it states

 

Quote

6. Interest Interest will be calculated on the daily outstanding balance on your Account and applied to your Account on each payment date.

 

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.

[gibson71]

Thanks @Andyorchthat's really helpful.  I've amended point 3 so I can now file it?  I've also posted the CCA requests today.  What happens next with regard to the court once they've received the defence?

 

Jenny

[Andyorch]

You will receive an acknowledgment from the court and the next stage is explained within but basically they have 33 days to decide if they wish to proceed...Im sure they will because of the amount of claim and then the claim moves to allocation to county court.

[gibson71]

OK, and does the court allow any time for the CCA request and CPR 31.14 to be complied with?