Perch/TM - Emails threatening CCJ/Court action - old Neybler £13k loan

[Gangrel]

Good afternoon, 

I originally had a loan agreement with Neyber Ltd that I was making payments on, however due to having a mental breakdown, resulted in me leaving my job and left me unable to make any payments at all and with an outstanding debt of around 8/9000 pounds. I ended up handing control of my finances and debts owed to a family member who carried on making token payments until around the beginning of 2018 due to my mental health and not being able to cope with it all. I believe these token payments and all correspondence with Neyber Ltd ceased in early 2018.

I've not been able to get myself back into a better financial situation since, and I am barely able to make ends meet currently which is leading me back down the dark path I was on previously. As a result, I've not made any payments to the debt, nor acknowledged it in the previous years and have spent that time trying to get myself back to a better situation financially and mentally. I also believe due to the token payments made at the time I was suffering a mental health crisis, that the debt isn't statute barred and is no longer an option, and it wouldn't be statute barred until 2024 so they are within their rights to chase me.

I believe Neyber Ltd went into administration and ended up selling the debt onto Salary Finance, who I received a few emails from asking for payment in 2022, which I ignored again due to not being in a financial position to pay them the amounts they want. I have recently started receiving letters from ACI, who I think are owned by Perch Capital. I have also ignored these letters over the last few months but have today received an email from TM Legal Services, who I believe are working on behalf of ACI, demanding payment or possible legal action may be taken.

The email they sent is below in bold.

'We have been instructed in relation to the outstanding balance due on your account(s) and require your proposals for repayment to avoid escalation to legal action.

In the event of legal action our client will seek a County Court Judgment (CCJ). If a CCJ is not repaid it would then be open to our client to enforce the debt through one of the following methods:

An Attachment of Earnings – your employer may be Ordered to deduct payments from your wage
Warrant of Control – a County Court bailiff would attend your property
Charging Order – if you own your home, the debt can be secured against it

If your current financial situation does not allow you to pay this debt in full, we are authorised by our client to set up an affordable, instalment repayment plan.

Our aim is to ensure that your experience when setting up a plan is as hassle-free as possible, so we have designed an online Direct Debit form which, in a few quick and easy steps, allows you to have a repayment plan in place without having to speak to anybody.'

I'm just really struggling at the moment, financially and mentally. I am worried this might end up getting out of control even after six years and the work I've put in to try and get back to a semi normal life will be wasted if I'm unable to get this sorted. 

Are they likely to take me to county court if I continue to ignore this? I know this is definitely not the best approach but I fear tackling it head on is going to lead to me feeling suicidal again. I'm just not too sure of what I should do currently.

Many thanks in advance for your assistance.

Edited July 14, 2023 by Gangrel

[Bazooka Boo]

Neybar are Salary Finance, that was just a trading name.

 

So far it's simply a threat letter you've received from TM legal, simply outlining what they would like to do.

Keep everything in writing, you need to block these emails, and bounce them back, whatever they wish to convey can be committed in writing.

When EXACTLY was the last payment made on this loan?

Have you checked your credit file?

 

Ignoring them is fine, but you MUST NOT ignore a court claim or letter of claim.

 

Got to rush off, DX  will be along and will give you sterling advice!

NOTHING to worry about, this is NOT insurmountable.

 

 

 

[Gangrel]

Thank you very much for your reply and advice. I have blocked their email address now.

I am not 100% sure when the final payment was made, however the final payment that I personally made (in full) would have been either April or May 2017.

I'm not currently on speaking terms with the family member who assisted me with my debts and issues at the time, however they got me to speak to Neyber at the time, so they could 'handle' my debts on my behalf which required getting a doctors note saying about my mental health and possibly bank statements showing I wasn't receiving any income.

The family member made payments of like, 1 pound a month until either January or February 2018 as a 'goodwill gesture', and then stopped paying it. The last time this family member emailed them was definitely in February 2018. And I haven't heard anything since regarding the debt, with the exception of the emails from Salary Finance in 2022, letters from ACI (who I am assuming bought the debt from Salary Finance) in 2023 and now TM Legal via email. 

I have checked my credit file through my bank with Transunion, and there do not appear to be any CCJ's or anything. Is there anything else I would need to check regarding this on my credit file?

Thanks again for your assistance.

This wasn't a payday loan by the way. It was an unsecured loan of about 12/13000 pounds. Not sure if that changes anything in regards to advice given though?

[dx100uk]

you need to WRITE to all your debt owners on any debt you last paid/used within say the last 7 yrs

else you are in danger of backdoor CCJ 's.

simply WRITE by royal mail stating their and the old original creditor name and ref number

simply stating.

please note my correct and current address. 

please remove and cease to use email communication

writing only from this point on.

..................

 

get free proof of posting from any PO counter. for each letter.

dx

 

[Gangrel]

Hi DX, 

Thanks for your response, I really appreciate it.

Would this advice remain the same if I am still living at the current address from when I originally applied for the loans? I have received letters from ACI/Perch at this address and wouldn't miss any letters, I've just not replied and have ignored them up to this point due to not knowing what to do previously, but they have my correct address already.

I haven't received any letters from any other debtors that I have not paid in 5/6 years in that same period though, it's only this one.

As is, I wouldn't currently miss any post from other debtors if they were to send me a claim form from the county court. Would it be okay to just send a letter to TM/Perch in the post given they're the only ones that appear to be agitating currently?

Would it then just be a case of waiting to see what they come back with?

Thanks for your help.

Edited July 14, 2023 by Gangrel

[dx100uk]

it depends if your friend ever changed the comms address for your debts to his?

all im thinking is belt and braces here just incase they knew to use another address, though they'd have to send a letter of claim 1st before any court claim, which you do NOT ignore.

 

 

[Gangrel]

Nope, my family member definitely wouldn't have changed my address as they live at the same property (and haven't moved in that time period). 

Apologies for my ignorance, is a letter of claim different to the email I received today from TM Legal? I'm not too familiar with what letter of claims are, and if what I have received thus far would constitute that. 

I have received a few letters from ACI asking me to get in touch and stating I owe the amount, and that if I don't legal action may be taken, with the last one they sent end of June stating I had 10 days to respond or legal proceedings may happen (which would be why they've 'passed it on' to TM Legal who have sent this email, albeit I haven't received any county court claim forms).

Are letter of claims different to these standard letters they send? I'm really not too sure what they would look like or how they differ to the above, if at all.

Edited July 14, 2023 by Gangrel

[dx100uk]

cant send PAPLOC by email.

the letter will be from TM with a reply pack giving 30days wanting I&E etc etc

you DONT use their but our

when if it comes hit letter of claim and READ all the posts in the link.

 

dx