TM LEGAL COURT CCJ claim form received September 2024

[UGCAIAGG]

Received a claim? Yes/No: yes
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately £9500
Claimant’s Name:
Solicitors Firm:
Original Creditor: Oplo / perch capital
Original Debt (eg. Credit card/Loan/Overdraft) : loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): 0 help needed
Any Other Information or Background Details: defaulted 2021.

[JK2054]

you havent typed the POC or claimant/solicitors details.

please post this

[UGCAIAGG]

Received a claim? Yes/No: yes
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately £9500
Claimant’s Name: perch capital
Solicitors Firm: tm legal services
Original Creditor: Oplo / perch capital
Original Debt (eg. Credit card/Loan/Overdraft) : loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The Claimant claims payment of an overdue balance in the sum of 9500.00 incurred by the Defendant under a Oplo, Unsecured Loan, account number #. The Defendant failed to maintain payments in line with the Agreement and the account has now matured.

The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): 0 help needed
Any Other Information or Background Details: defaulted 2021.

[echat11]

You still haven't provided the following:

Issue Date:
Have you Acknowledged the Claim?:

It sounds like the agreement wasn't regulated under the CCA 1974, so those bits don't apply.

a) Send a SAR request to the original creditor, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send the solicitors a CPR 31.14 request, they have 7 days to provide the requested documentation. Ask for a copy of agreement / Terms and Conditions, Notice of Assignment and Default Notice.

https://legalbeagles.info/library/gu...-of-documents/

c) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it -

https://legalbeagles.info/library/gu...-court-claims/

After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should not need this). Post an update of what you've received from Lowell's with 5 days left so we can help with your Defence.

[UGCAIAGG]

My defence responses due by 4 pm today I’ll edit the template

not sent the prove it letters or anything because CAB said they will have to send that when they respond.

If the agreement was regulated by the consumer credit act what can I put?

[echat11]

My defence responses due by 4 pm today I’ll edit the template

not sent the prove it letters or anything because CAB said they will have to send that when they respond.

If the agreement was regulated by the consumer credit act what can I put?

The whole point of advising that you send the requests is that you send them, but it's your Defence.

If the CCA 1974 applies, keep those bits in, if it doesn't leave them out, only you will know.

If you need advice contact CAB.

[UGCAIAGG]

I’ve put in I put the claimant to proof and request documentation. Should I say I was a student and have tried contacting them to resolve? Or, that looks like I am admitting it?

[echat11]

I’ve put in I put the claimant to proof and request documentation. Should I say I was a student and have tried contacting them to resolve? Or, that looks like I am admitting it?

All you are addressing in your Defence is their Particular of Claim. You don't need to put 'I was a student and have tried contacting them to resolve'.

'The Claimant claims payment of an overdue balance in the sum of 9500.00 incurred by the Defendant under a Oplo, Unsecured Loan, account number #. The Defendant failed to maintain payments in line with the Agreement and the account has now matured. The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.'

The information requests would help you build your case for your Witness Statement etc.

[UGCAIAGG]

I have received this recently from them but no DQ from court yet.

Our client has all the necessary information to supply to the Court and we are confident of over-turning your Defence as we believe it has no merit, and all costs incurred will be added to your account, which means your outstanding balance could increase significantly.

To bring this matter to an early and amicable close, our client is prepared to offer you a reduction in balance of 50%,

[echat11]

I have received this recently from them but no DQ from court yet.

Our client has all the necessary information to supply to the Court and we are confident of over-turning your Defence as we believe it has no merit, and all costs incurred will be added to your account, which means your outstanding balance could increase significantly.

To bring this matter to an early and amicable close, our client is prepared to offer you a reduction in balance of 50%,

That's fairly standard, so they don't seem all that confident. You can counter their offer with your own, start below 10%, make sure you write 'Without Prejudice' on the offer letter. Make sure you get Proof of Postage. The Courts like parties to try to settle the matter at every opportunity if it can be.

[UGCAIAGG]

Having tried searching I’m unable to find any answers. Are there examples across this forum of people settling for less than 50% with these or other companies? Thanks for all the good work you do with this forum.

[echat11]

Having tried searching I’m unable to find any answers. Are there examples across this forum of people settling for less than 50% with these or other companies? Thanks for all the good work you do with this forum.

Yes there are examples, there is no harm making an Offer. Also after Hearing / Judgement you can show that you tried to settle the matter, but the Creditor declined your Offer.

[JK2054]

That's fairly standard, so they don't seem all that confident. You can counter their offer with your own, start below 10%, make sure you write 'Without Prejudice' on the offer letter. Make sure you get Proof of Postage. The Courts like parties to try to settle the matter at every opportunity if it can be.

put without prejudice save as to costs instad

[UGCAIAGG]

Are both phrases interchangeable? What is the advantage of adding save as the costs

[echat11]

Are both phrases interchangeable? What is the advantage of adding save as the costs

'Without prejudice save as to costs' - A party who engages in negotiations 'without prejudice save as to costs' reserves the right, which he would not otherwise have, to bring those negotiations to the attention of the court on the matter of costs.

'Without prejudice' - Statements which are made in a genuine attempt to settle a dispute cannot be used in court as evidence of admissions against the party that made them.