Perch CCJ attempt

[Brainfog]

Hey,

I am currently awaiting a date from the court business center for this claim, I think that's the next step. I received a letter stating that TM Legal were looking to apply a CCJ. I realised what this was for (Myjar 2017 loan), I contacted them and explained in depth that I am a vulnerable adult. I have ADHD, dyslexia and dyspraxia, they pretty much laughed at me. I was pretty desperate at the time and in a really bad place in my life when I took the loan out. I ha e since contacted ACI who are refusing to provide an appropriate response apart from 'pay it'. I have asked for a deadlock letter so I can escalate to the FOS which they will not provide.

I responded to the business center court letter, advising all of the above. It is clear TM legal were just expecting me to pay and not provide a defence, they have since sent me letters saying if I do not retract this I will be paying £900 in legal fees and then lots of paperwork of the original claim, suprise though they haven't provided the entitlement (I think that's what it's called) to the debt. I want to fight this and not be bullied into paying an amount, I also want my opportunity to take this to the FOS. Any advise please?

[PallasAthena]

Please upload a copy of the letter you have recieved from the court but cover up all personal information that could identify you and all court reference numbers.

[echat11]

Can you provide a brief summary with dates.

In order for them to obtain a CCJ, they must have obtained a Judgement against you at some point, which wasn't paid in the period given by the Court.

Also, depending on the period that has elapsed between the original Judgement and CCJ application, the Court would need a good reason as to why the Creditor waited so long to apply for the CCJ.

[Brainfog]

I'm trying to raise a FOS complaint about it but don't know who it should be against, TM Legal, ACI.or Perch Capital.

Also there claim questionnaire response seems quite threatening as if they are trying to scare me into dropping my defence.

[echat11]

Your FOS complaint would be against the Creditor as you've explained that you are 'vulnerable' i.e. ADHD, dyslexia and dyspraxia.

Your problem is going to be that legal action has commenced. Did you tell the Creditor before they commenced legal action?

Directions Questionnaire, It's pretty standard.

http://www.infohub.moneyadvicetrust..../oft664rev.pdf

[PallasAthena]

. I have asked for a deadlock letter so I can escalate to the FOS which they will not provide.

A creditor cannot prevent you complaining to the FOS by refusing you a deadllock letter. If you make a formal request to the creditor for a deadlock letter but they don't reply then after 8 weeks you can complain to FOS anyway. How to complain (financial-ombudsman.org.uk)

[Finaldj]

I'm going through these for a loan I had a few years ago, Perch capita/ACI but these TMI cranks have taken over now. their letters are so funny and hot air. You should see some of mine and how it's worded you'd have thought I committed mass murder. I'll post one up for a laugh.

Just so you know I'm going through court with these clowns at the moment, got to the stage of filing my N180 and just waiting now they don't want mediation as they said I need to be cross examined by the judge. Its not the first time I've been through court for a debt and they aren't that scary.

Not sure if EChat11 could vouch for this but I don't think even with a CCJ for a credit card debt I don't think baliffs can break in like a high court sheriff can for council tax so they could still be ignored? worset case of course.

Here is the latest email I got.

We write further to the above matter.



As you have filed a Defence to this Claim the Court will now issue Directions Questionnaires to both parties in preparation for a Trial to determine the outcome of this claim. 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.



Please be advised 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 amount to a sum in excess of £1,000 plus VAT at the prevailing rate together with any disbursements incurred for attendance of our advocate at the hearing.



To avoid these additional costs, and without concession to the legitimacy of our clients claim against you, we have been instructed to offer you the chance to settle the matter in order to bring these proceedings to an early conclusion and to avoid the matter proceeding to Trial where a County Court Judgment may be entered against you.



Our client will accept a lump sum payment of £2,619.20, representing 70% of the current outstanding balance, in full and final settlement of this debt.