Court Claim Form from TM Legal

[Amethyst]

Okay, you only just made it in time, probably why TM wrote to you as you acknowledged quite late, and if you hadn't done it on the 25th they'd have been eligible to apply for a default judgment yesterday ( it's 14 days from Service and they allow 3 days for service when looking at the acknowledgment of service )

[Debt Camel]

If you had / have other payday loans from other lenders, also look at affordability complaints for them. It's quick to get these started, don't delay. With any luck you may be able to get enough money back to pay any CCJ within 30 days - I would be surprised if a CCA agreement isn't produced in this case, it's worth trying for (and it defending the case will delay it) but don't get your hopes up.

[Guest]

Is twelve working day rule still effective as a timescale for the CCA if I have requested it after the court claim was issued?

[Guest]

By the way TM legal emailed me the letter yesterday, they didn't send it by post.

[Amethyst]

The 12 days is a strange one - if they don't provide the documents within 12 days then the agreement becomes unenforceable - however it only remains unenforceable until they do provide the documents.

Theoretically they can enforce within those 12 days without the agreement ( but they're stuck with the court timetable now so can't )

And yes it's effective until there's a judgment ( when the debt becomes a judgment debt rather than a consumer credit agreement debt )

[Guest]

Ok so I'm at the point where I need to be submitting a defence.

I haven't received any paperwork back in relation to the claim so should I be working on the basis that I am denying it on the ground that not enough information has been supplied?

[Guest]

Arrived home late tonight to what appears to be a CCA. Please can someone tell me what my best course of action is? Thanks.

[Guest]

I'm guessing I no longer have a defence so need to arrange repayment. Can anyone advise me what the hell I should be doing? The defence was due by tomorrow.

I'm enormously stressed, a CCJ would make some aspects of my life very awkward. My partner is unemployed so all bills are in my name, insurance, mobile phone contracts etc

[MIKE770]

CCA arrived - well that may be so BUT is it an enforceable one with all the requirements of a CCA, do not do anything as yet, get help for you? Amethyst

[Guest]

Thanks. I feel like it may be, but I don't know what I'm looking at really. If it is legit then I'm wondering what my options are at this late stage.

[Amethyst]

Can you do a pic and either redact and post it or send me a copy ( admin@legalbeagles.info )

Any other documents at all been sent ?

[Guest]

I can, thank you .Do you need all pages? There are 7.

I haven't received anything else from them at this point.

[Amethyst]

Just the front one should do - guessing it's just a standard online application recon agreement ?

[Guest]

I've emailed the front page to you, let me know if you need more.

[Amethyst]

Is it dated by the signature box ? June 2015? ( as first payment was end July 2015) As it is recent it is likely to be an enforceable agreement. - most of the prescribed terms are in that first page anyway. Presumably the address is correct and is just entered from the details you'd entered online. ( I'd expect if you look back through emails you'll have a copy of the original agreement to compare it with )

Loan was £300 - total payable £430ish.
And the claim states £700 - so you want to know how it got to that.

The bit of the agreement you sent has late payment fees of max £15 and then contractual interest of 0.8% per day ( which is the max capped amount under the payday loan cap ) which came into force Jan 2015 …. so it should also be subject to this

If you do not repay on time, you will not be required to repay in total more than twice the amount you borrow. For example, if you borrow £100.00 you will not be required to pay back more than £200.00 in capital, interest and charges.

So that £700 figure should be £600 max.

Also there's no detail of the default date or any default notice. Did you see if anything appeared on your credit file?

Someone else was sent a 'new' default notice last week on the same £300 debt but from 2014 - https://legalbeagles.info/forums/for...n-ltd-Scotland - and I think Debt Camel has mentioned previously that Uncle Buck had a problem with not issuing Default Notices or termination notices. Anyway their debt ended up at the Capped amount ( even though it was pre Jan 2015 so could have been higher )


You never made any payments to this one at all ? ( if so those payments should be subtracted off the £600 if you were to make any offer )

Did you do a SAR to Uncle Buck ? That would help with the history of the account and how it got to £700.

and Have you put your affordability complaint in ? Get that in so it's underway, court's taking 3/4/5 months to get to a hearing so if you get something back from the affordability complaint you could use that to offer settlement to Asset to stop the claim. Or spend those few months putting something by so you can settle before you reach a hearing should they get that far ( they do still need to do the breakdown of the amount claimed and the default notice and notice of assignment )