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Good morning and thank you in advance for reading.
I was wondering if I could ask for some advice.
I have a historic debt from a buy now pay later company dating back to 2017 which sold to Perch and officially registered as a default in 2019. For clarity, the debt was around £450 but was subject to a dispute on the grounds of faulty goods. I went to the BNPL company for help, but they refused and therefore out of principal I also refused to pay. Although irrelevant to the claimant, at that period I had just lost both of my parents within 35 days of each other so if I am honest, it was just the least of my problems. I never heard anything for over 2 years and on my credit file this shows as satisfied and closed by the original creditor.
At the beginning of this year, I started getting calls, emails and letters from perch’s (fake?) solicitors TMLS threatening to take me to court unless I paid. I can only imagine that they were alerted by the fact that I am actively repairing and building my credit history, which was not terrible but needed attention, including this default. I spoke to the company and made an offer of payment over time. They refused and said it would have to paid off in full. I then received a CC Summons for nearly £600… Again, I rang and made an offer to which they said they would only accept if over 2, possibly 3 payments but the judgement hearing would go ahead regardless. I decided to reply to the summons, stating that I refused because not only was the original goods damaged and was left in dispute, but the debt was marked satisfied by the original creditor also that I had made 2 payment in full offers which were refused. I explained that I was under the impression that settlement between the 2 parties should be sought by all means and that court should be a final option.
I was then copied in on an email from TMLS to the court, which read as follows…
Dear Sir/Madam,
Perch Capital Limited v xxxxxxxx
Claim Number: xxxxxxx
We act on behalf of the Claimant.
We are in receipt of the Defendant’s submitted defence, and we write to confirm that the Claimant wishes to proceed with the Claim.
Also please find attached a completed directions questionnaire.
Thank you for your kind assistance. We await further directions from the Court
Again, I rang TMLS and made an offer of payment over instalments to which they refused and said that even payment in full would not stop the proceedings.
I rang the CC business centre to ask for advice and to why I was not given the chance of mediation and they said to wait for the directions questionnaire and fill in and return requesting mediation. I rung and told TMLS that this was my intention…
Shortly afterwards a rep from TMLS rang me back and offered me a tomlin/consent order… I said I wanted time to investigate what this meant to me. They then sent me this email to which I am astounded. You will see from the bottom that they are actively threatening me that if I do not accept this and continue my defence or mediation track by the said date, they will look to press for all costs etc…
Perch Capital Limited v xxxxxxx
Claim Number: xxxxxxxx
Our Reference: xxxxxxx
We write further to the above matter and your recent telephone conversations.
Our client has already incurred significant costs in bringing this claim against you and further costs will be incurred should the matter proceed further as we shall need to prepare our clients evidence as well as prepare for and arrange attendance at Trial.
Through reading the contents of your Defence, we believe that we can potentially agree on a Tomlin Order to repay the balance. If agreed, a Tomlin Order will prevent a County court Judgment being entered against you, providing payments are maintained. This would need to be for the full balance outstanding.
Further, the Tomlin Order would also come with a £108.00 fee as charged by the Courts. This would be added onto the balance prior to drafting the Order. If you think this would be suitable for you, please confirm this to our office by 15th July 2022.
An order has been drafted and is attached to this email for you to review and sign.
In the event that this would not be suitable for you, we wish to inform you that we intend to apply for all costs incurred from you in addition to the amount already claimed against you, in accordance with CPR 27.14(2)(g). Said application will be made on the grounds of ‘unreasonable conduct’ in that you have brought a frivolous and vexatious defence before the Court, which has no merit. Our costs, a statement of which will be provided prior to Trial, may be substantial and will incur any disbursements incurred for attendance of our advocate at the hearing.
Can they do this? Should I accept a tomlin order? Should I pay in full?
I really don’t want to attend court, mainly because of anxiety issues but also, I feel that not only was the original agreement in dispute and the debt marked satisfied, but they have reused numerous payment offers flatly and also now seem to be threatening me. I can’t believe if they were reputable solicitors that they would use that kind of language. It seems a bit juvenile.
Any help would be much appreciated.
I was wondering if I could ask for some advice.
I have a historic debt from a buy now pay later company dating back to 2017 which sold to Perch and officially registered as a default in 2019. For clarity, the debt was around £450 but was subject to a dispute on the grounds of faulty goods. I went to the BNPL company for help, but they refused and therefore out of principal I also refused to pay. Although irrelevant to the claimant, at that period I had just lost both of my parents within 35 days of each other so if I am honest, it was just the least of my problems. I never heard anything for over 2 years and on my credit file this shows as satisfied and closed by the original creditor.
At the beginning of this year, I started getting calls, emails and letters from perch’s (fake?) solicitors TMLS threatening to take me to court unless I paid. I can only imagine that they were alerted by the fact that I am actively repairing and building my credit history, which was not terrible but needed attention, including this default. I spoke to the company and made an offer of payment over time. They refused and said it would have to paid off in full. I then received a CC Summons for nearly £600… Again, I rang and made an offer to which they said they would only accept if over 2, possibly 3 payments but the judgement hearing would go ahead regardless. I decided to reply to the summons, stating that I refused because not only was the original goods damaged and was left in dispute, but the debt was marked satisfied by the original creditor also that I had made 2 payment in full offers which were refused. I explained that I was under the impression that settlement between the 2 parties should be sought by all means and that court should be a final option.
I was then copied in on an email from TMLS to the court, which read as follows…
Dear Sir/Madam,
Perch Capital Limited v xxxxxxxx
Claim Number: xxxxxxx
We act on behalf of the Claimant.
We are in receipt of the Defendant’s submitted defence, and we write to confirm that the Claimant wishes to proceed with the Claim.
Also please find attached a completed directions questionnaire.
Thank you for your kind assistance. We await further directions from the Court
Again, I rang TMLS and made an offer of payment over instalments to which they refused and said that even payment in full would not stop the proceedings.
I rang the CC business centre to ask for advice and to why I was not given the chance of mediation and they said to wait for the directions questionnaire and fill in and return requesting mediation. I rung and told TMLS that this was my intention…
Shortly afterwards a rep from TMLS rang me back and offered me a tomlin/consent order… I said I wanted time to investigate what this meant to me. They then sent me this email to which I am astounded. You will see from the bottom that they are actively threatening me that if I do not accept this and continue my defence or mediation track by the said date, they will look to press for all costs etc…
Perch Capital Limited v xxxxxxx
Claim Number: xxxxxxxx
Our Reference: xxxxxxx
We write further to the above matter and your recent telephone conversations.
Our client has already incurred significant costs in bringing this claim against you and further costs will be incurred should the matter proceed further as we shall need to prepare our clients evidence as well as prepare for and arrange attendance at Trial.
Through reading the contents of your Defence, we believe that we can potentially agree on a Tomlin Order to repay the balance. If agreed, a Tomlin Order will prevent a County court Judgment being entered against you, providing payments are maintained. This would need to be for the full balance outstanding.
Further, the Tomlin Order would also come with a £108.00 fee as charged by the Courts. This would be added onto the balance prior to drafting the Order. If you think this would be suitable for you, please confirm this to our office by 15th July 2022.
An order has been drafted and is attached to this email for you to review and sign.
In the event that this would not be suitable for you, we wish to inform you that we intend to apply for all costs incurred from you in addition to the amount already claimed against you, in accordance with CPR 27.14(2)(g). Said application will be made on the grounds of ‘unreasonable conduct’ in that you have brought a frivolous and vexatious defence before the Court, which has no merit. Our costs, a statement of which will be provided prior to Trial, may be substantial and will incur any disbursements incurred for attendance of our advocate at the hearing.
Can they do this? Should I accept a tomlin order? Should I pay in full?
I really don’t want to attend court, mainly because of anxiety issues but also, I feel that not only was the original agreement in dispute and the debt marked satisfied, but they have reused numerous payment offers flatly and also now seem to be threatening me. I can’t believe if they were reputable solicitors that they would use that kind of language. It seems a bit juvenile.
Any help would be much appreciated.
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