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

[Andyorch]

10 hours ago, gibson71 said:

Thanks @AndyorchI have the form but need help with completing it if possible.

 

Have a go using the link I provided (you can complete it on your device) and the one mentioned and come back if your unsure of any of the questions.

 

Andy

[dx100uk]

On 18/11/2022 at 01:31, dx100uk said:

progressive as the original creditor could have crushed you, it is very telling that they did not.

 

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

 

dx

 

 

dont forget you each have to do an N181.

 

you dont have to stick to perch searches

you can equally use claimform PDL in our enhanced google searchbox

or even claimform loan

 

dx

[Andyorch]

Uploads unredacted post removed.

 

Nothing unusual within their DQs apart from them listing both of you as witness's on their DQ. 

[gibson71]

Apologies @Andyorch was rather stressed to receive those yesterday and forgot to redact! 

 

Did you look at the reply to defence too?

 

In their DQ they are also wanting fast track not multi, and they want it heard in Leeds whereas they had said previously Durham which is where we live. 

 

We wouldn't be able to travel to Leeds.  I assume both of us are listed as witnesses as it's a joint debt. 

 

Does that mean we would both have to speak in court? 

[Andyorch]

2 hours ago, gibson71 said:

Apologies @Andyorch was rather stressed to receive those yesterday and forgot to redact!  Did you look at the reply to defence too? Yes, In their DQ they are also wanting fast track not multi,Thats correct it should be FT and they want it heard in Leeds whereas they had said previously Durham which is where we live. Must be in your local county Court you are Litigants did you put your LCC on your DQ ? We wouldn't be able to travel to Leeds.  I assume both of us are listed as witnesses as it's a joint debt.  Does that mean we would both have to speak in court? 

 

You are not their witnesses and should not be listed as so on their DQ ...you are witnesses to your defence so you list yourselves on your DQ...they must list who they wish to witness their claim on their DQ...not the defendants.

 

 

 

.

[dx100uk]

you posted everything up unredacted by mistake

so where are both your signatures?

 

dx

 

[gibson71]

Yes @dx100uksorry, do you need me to redact and repost or have you been able to look at everything and have you any observations?   Signatures on what,  the CCA? 

 

Jenny 

[dx100uk]

yes... were there your signature(s) or typed name(s) in those boxes?

a CCA can be invalid without them.....that would explain why the original creditor sold it.

they knew it could never be enfroced in a court of law.

 

redact and put up please so everyone can see the docs i HID

ONE MASS PDF ONLY

[gibson71]

All copies of the credit agreement have been blank with no signatures or typed names.  Even the copy I have from the original creditor has no signatures.  I honestly can't remember whether we physically signed them or whether it was done on the internet typing our names.  You say the CCA can be invalid without them, but why would Perch have filed the claim and spent the money if that is the case?

 

What is the easiest way to redact and how do I put everything in one mass PDF?  I have two PDF files from TM Legal. 

 

They have provided the CCA in response to the CPR 31.14 and also now in the reply to defence, but haven't responded to the Section 77 CCA requests. 

 

Attached is the redacted DQ and directions.  The Reply to Defence is 40 pages because they have attached CCA with pre-contract information and terms and conditions, default notice, notice of assignment and then lots of notices of sums in arrears.  Do you want to see all of it?

DQ to Defendants.pdf

 

Started drafting N181 form attached.  Is it worth mentioning at the end of this questionnaire that the CCA requests (Section 77) have not been adhered to, or that the credit agreement is unsigned?

N181 Draft.pdf

Edited December 23, 2022 by gibson71

[dx100uk]

3 hours ago, gibson71 said:

You say the CCA can be invalid without them, but why would Perch have filed the claim and spent the money if that is the case?

 

because thats what debt buyers do. 85% of people that get a claimform wet themselves and immediately payup .

 

get reading up.

 

read upload to understand how to merge etc via online wibsites that do it for you.

 

dx

 

 

3 hours ago, gibson71 said:

Is it worth mentioning at the end of this questionnaire that the CCA requests (Section 77) have not been adhered to, or that the credit agreement is unsigned?

god no dont tip them off.

 

[gibson71]

Redacted Reply to Defence from TM Legal attached. 

 

Do I need to reply to TM Legal before the court deadline for DQ regarding proposed directions and whether I agree them?  As I have said, they have proposed Leeds County Court and I don't agree that as it needs to be where I live, Durham.  Are the rest of their proposed directions OK? 

 

Also can you let me know if my DQ looks OK?

Reply to Defence - TM Legal.pdf

[Andyorch]

Directions are standard ...location of hearing is not a direction and you must inform your local county court as per my last post above.

[gibson71]

See direction 1 - the Claim is transferred to Leeds County Court and allocated to the Fast Track.  See my draft N181 - I have stated my local County Court but is that enough?  Do I need to let TM Legal know that Leeds is not agreed?

[Andyorch]

Thats irrelevant you as defendant litigant will take preference over the claimants request await your Notice of Allocation  and check the court has set your local County Court.

[gibson71]

OK that's great, thanks @Andyorch

 

So, do I need to contact TM Legal or not other than sending them a copy of my DQ?  Can you check that my draft DQ is OK?

 

[dx100uk]

no you never contact them unless you want to give in. that kind of reply is sent on almost all court claim threads here by the fleecers.

 

it's ent to unsettled, cause doubt, make you give in, humiliate, intimidate and harass defendants.

 

dx

[gibson71]

Thank you @dx100ukthat's what I thought.  Is my DQ OK for submitting on Thursday?

[dx100uk]

not sure you should refuse mediation 

see about post 17 here

 

 (andyorch post)

 

[gibson71]

OK @dx100uk, I had ticked no to settlement rather than mediation, do I tick yes to trying to settle the claim then?  It doesn't ask whether I am open to mediation.  I did try to get TM Legal to agree token payments instead but they rejected this so can't see them agreeing mediation.

They have ticked no to settlement too.

[dx100uk]

what does that andyorch post recommend?

[gibson71]

He says to tick no to settlement as far as I can see, unless I'm missing something...

[dx100uk]

theres another here that says yes.

 

 

dx

 

[gibson71]

So I should tick yes for A1 and A2?

[dx100uk]

looks like it

 

that earlier one was for a non consumer credit debt, whereby they had nowt to 'settle' over.

 

dx

 

 

[gibson71]

OK, so does it matter that TM Legal have ticked no to trying to settle? 

 

I notice Andy says that fast track is trickier with the DQ and also riskier. 

 

Do you think I have a reasonable chance of winning based on the blank unsigned CCA? 

 

I've been going through legal successes trying to glean info and also how to approach witness statements. 

 

I've checked my files and noticed that Progressive never provided me with a copy of the loan agreement, blank or signed.  I only got copies of the terms and conditions and pre-contract credit info when the loan was agreed in principle and that was it. 

 

Not sure if that helps or not. 

I also have no recollection of signing which is why I don't know whether it was executed by Internet or physically on paper.