Stressed from TM Legal

[Guest]

Hello everyone
I am trying to get some help regarding a CCJ I received from Asset collections which is now been taken over by TM Legal services. This CCJ was awarded on my whole address hence I never had a chance to fight this.
I since have contacted TM legal via email and post to offer £30 A month but they have just been bombarding me with threatening emails for bailiffs charging order etc now they have sent me this letter which mentions a form N323 to be processed by my local court if I don't pay or call their office. The debt is approx 4500 from Avant credit loans.

they are insistent on phone contact whereas I have written to them countless times to say I want to keep correspondence in writing.

What do you guys say should contact them via phone but then again I fail to understand why would they not accept an offer of payment then keep giving me stress.

[des8]

I think, as you weren't aware of the court case you can apply to have it set aside.
However you need to do this as soon as you are aware of the Judgement, you need a defence and it comes at a cost.

You can also apply to the court to allow you to make payment by instalments.

This response will bump up your post and perhaps it will be picked up by those more knowledgeable about debt problems
If however no one else does respond to you I would suggest you phone National Debtline for advice https://www.nationaldebtline.org/EW/...s/default.aspx

[Amethyst]

Have you checked that this CCJ does exist ? ( you have a copy of the judgment order from the court / it's on the register / your credit file ?)

Yes, as Des says you need to look at an application to set aside. Please don't stress too much about TMLegsls threats of enforcement - they will bombard you incesenly until you pay but don't actually seem to get around to filing any of their forms at court - but still need to get this sorted ASAP to stop the constant harassment.

Ill move your thread in the in the morning to the court forum, but if you can give a bit of background to the actual debt the claim was for pls it'll help work out if you're best setting aside to defend or to try and settle. I'll grab the link to the setaside info too.

Something like a payday loan possibly ?

[Fazza]

Hi guys it's me the OP. Thanks for your replies.
Yes the loan was from Avantcredit. I paid for a year out of 4 years nd then things got out of hand and I just couldn't pay it alongside other debts. I moved as well and then setup payment plans with all my creditors except this.
I found out the CCJ through my credit report and I got a letter through my old address as I knew the landlord but this was long after the CCJ had been granted.

I initially found out through email that they will be pursuing me for a CCJ I have them my new address yet they still decided to claim on old address and I lost the judgment due to not even knowing about it.
I have sent letters to TM legal to offer £30 A month but no reply.they just want me to call them to discuss and keep bombarding me to pay via text email.

I am not sure if I will be able to set it aside as I have been reading up and it looks like the court does not accept moving house as a credible enough defence.

ideally that's what what I would like. If not what will be my other options do you think if I offer to pay something to them they will go back to court and remove my CCJ maybe something like a £1000 and then rest as installment.

any help would be appreciated. Thanks

[Amethyst]

Not sure what you've been reading but moving house and informing the claimant before they brought a court claim, then they still bring a court claim at your old address is plenty of justification for the CCJ to be set aside.

How much was the judgment for ? ( The debt is approx 4500 from Avant credit loans - so judgment about £5k ? )

Here for you to have a read on the set-aside application - Set Aside Application

[Amethyst]

Oh on the emails and letters... things like those in this post? https://legalbeagles.info/forums/for...-legal-letters

[Fazza]

Yes letters exactly like that although I am not sure for a amount like 4500 would they go ahead. The total judgement was for 5100 approx but I keep getting quoted 4500 in the correspondence

[Fazza]

Also will it matter if I apply to get it set aside that these guys could come up and say why in the first place I offered the £30 A month if I was not admitting the debt?

[Amethyst]

You were panic'd and intimidated by their letters.... that's fine

Do you have copies of the emails they sent you and you sent them giving your new address still?

[Fazza]

Yes I believe I have all the emails and letters intact.. please tell me how best to proceed with this

[GBExile]

Someone might advise you look into the business relationship between Asset Collections & TM. Their relationship is a lot closer than you might think.

One might suggest they are a mixture of the same people with remarkably similar ownership structures.

If you sought legal advice then you may be advised to research the histories of each company yourself.

So should you notice anything possibly untoward with the actions of Asset or TM then you possibly need to seek legal advice or help of the CAB.

[Amethyst]

Here for you to have a read on the set-aside application - Set Aside Application

With the application and witness statement you include a copy of your letter/email showing that they were well aware of your new address and had no reason to issue to claim to an old address. The CCJ should be removed and you can then either Defend or Settle the case depending what you wanted to do, and what the facts of the case around this loan were.

And yes, TM and Asset are very closely linked.

[GBExile]

And yes, TM and Asset are very closely linked.

Closely linked?

One also might suggest the officers listed on companies house for each company are not fully disclosing their full external interests in other companies when filing to Companies House?.

It could be questioned that the OP might as well be corresponding with Asset when corresponding with TM.

I wonder if subject access requests to both companies including emails between the two might shed light on the matter.

My mind boggles about how many companies each officer has an interest in but is not cross referenced at companies house.

Its almost like companies house & officers want businesses to gain an advantage.