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

[Andyorch]

Well yes and no if they have sent the N154 and you have not  received it or gone a drift you wont comply with the directions in time and they may already have  judgment ....worth a phone call for peace of mind,

 

 

 

.

[gibson71]

Fair point

[Andyorch]

Experience....in litigation no news is not always good news 

[gibson71]

@Andyorch this arrived just after you advised chasing it up!

Notice of Allocation .pdf

 

This was received on Saturday too, very weird as Progressive are the original creditor and TM Legal are emailing me as if there aren't court proceedings on this matter with Perch Capital?

 

 

TM Legal Email 20 May 2023.pdf

[dx100uk]

so on the n154 8d is your 1st task. you have 14days

 

 

 

[gibson71]

@dx100uk Is it 14 working days?

[dx100uk]

nope only cca request is working days everything else is cal.

 

dx

[Andyorch]

This is Fast Track your first date task is 3a/b by 16.00 14th June and 28th June and then 4a by 26th July 16.00.

 

Andy

[gibson71]

@Andyorch I am assuming with 3a/b and 4a that there are no documents for us to disclose or request? 

Have you seen the email I received from TM Legal regarding the original creditor, Progressive?  I am totally confused as to what is going on! 

 

[dx100uk]

simply done to confuse you as they have already seen you have followed freemen of the land twaddle in the past.

as i said earlier TM will pull every stunt in the book to make you each miss important deadlines and then use those errors to exploit you in court or to get a default judgement in one or both of your names.

it's a very big debt...they will not give up pulling stunts to put you off balance,

get on with what you need to do at each stage and by what timescale following allocation above.

 

 

[gibson71]

@dx100uk thank you.  As above for 3a/b and 4a, do I need to disclose or request anything? 

[Andyorch]

15 hours ago, gibson71 said:

@Andyorch I am assuming with 3a/b and 4a that there are no documents for us to disclose or request? Copy of your CPR 31.14 and response copy of your CCA request and what was disclosed ?...if you don't intend to refer or question any documents you have requested or they have provided then no I suppose you don't need to disclose anything or request anything..but im sure there must be some document you will mention in your pending witness statement ?

Have you seen the email I received from TM Legal regarding the original creditor, Progressive?  I am totally confused as to what is going on!

Yes it is rather confusing and is something you can raise in your statement and therefore to challenge the claimants legitimate right to sue, you will need a copy of the NOA or possibly the DOA...so there are 2 documents that you need to request assuming you don't already have them ?

 

See above

[gibson71]

We never received a response to our CCA requests, but did receive responses to CPR 31.14.  Regarding the NOA, I'm sure they have provided this so it makes even less sense that they are now saying they act for Progressive instead of Perch!

 

[Andyorch]

Quote

We never received a response to our CCA requests,

So that's one document for your list...have you already uploaded a copy of the NOA ? if so which post number ?

[dx100uk]

On 17/11/2022 at 18:54, gibson71 said:

I have today received documents from TM Legal in response to CPR 31.14 requests: credit agreement, default notice and notice of assignment.  Credit agreement is exactly as I have already shown you i.e. blank signature boxes.  I have attached the others for you to see. 

Also, a strange thing today, email from Clearscore to say that Equifax have notified them that the Perch debt is to be removed on 21 November?  Debt only shows on my husband's credit score, not on mine.

Default Notice and NOA.pdf 219.37 kB · 5 downloads

 

[Andyorch]

So the claimant is Perch and the NOA states assigned from Progressive to Perch...Im not sure where TM legal fit in but its not their claim.

[gibson71]

TM Legal are acting for Perch but they have also just emailed to say they are acting for Progressive and their online portal states Progressive not Perch!

[Andyorch]

I'm sure they will catch up eventually and adjust their records accordingly 

[gibson71]

Standard disclosure was due today but the date for this has been extended to 21 June.  The claimant has though sent their list of documents already which is attached. 

Do I need to use the same form N265? 

I do not know how this should be filled out in our case or which documents I need to include, is it just the ones mentioned in my witness statement? 

I have attached a new draft of my witness statement with amendments suggested previously in this forum. 

Witness statement is due 26 July. 

Any help gratefully received, I am very stressed and also grieving as of Monday

Claimant's signed LOD.pdf Draft Witness Statement.pdf

[Andyorch]

Quote

Standard disclosure was due today but the date for this has been extended to 21 June.

Who advised this ? the court and why ?

[gibson71]

TM Legal suggested a week's extension and I gratefully accepted.

[Andyorch]

And the court has been informed and you have it in writing from the court ? ...very rare for extensions on court directions hope they have not stitched you up ? 

I see they got theirs to you and the court on time ?

[gibson71]

Court has been informed and we were cced, but nothing in writing from the court.  The order with notice of allocation does allow for short extensions.  Surely if everything is recorded, they wouldn't be able to stitch us up?  

[Andyorch]

Quote

The order with notice of allocation does allow for short extensions.

Except if the court has specified a date by Court Order which it has.

And only then with good reason if an n244 application is summited by either party before the expiry date (14th June) otherwise sanctions will be imposed.

If they have made an application and paid a fee why have they sent you theirs by the original date (14th )

(Read all the points in the Notes box about extending time.)

 

Ring your court in the morning and check if an application has been submitted.....its only the Disclosure list which will not contain much from you but you must still exchange /serve by date ordered on the claimant. Ignore and doo not agree any further extensions with the claimant only the court can amend dates.

 

[dx100uk]

On 24/05/2023 at 01:09, dx100uk said:

simply done to confuse you as they have already seen you have followed freemen of the land twaddle in the past.

as i said earlier TM will pull every stunt in the book to make you each miss important deadlines and then use those errors to exploit you in court or to get a default judgement in one or both of your names.

it's a very big debt...they will not give up pulling stunts to put you off balance,

get on with what you need to do at each stage and by what timescale following allocation above.

yes very dangerous doing things off your own back and NOT CHECKING HERE 1st!!.. truly they will LIE to get a default judgement .

warned you of this before above.

i think you also need to kill the email comms, they'll file fake/doctored docs 1 min before the court deadline removing your chance to counter them..........

tell them to stop using email for any further comms regarding our mutual claim....

 

dx