TM Legal Services Limited Claim - Need Your Recommendation

[Cynicalism]

Hello there

i've just received communication about a County Claim for £589 requesting payment in full within
the next 30 days. Upon ringing them to work out a payment plan to stop the motion going through
judgement the dolt on the phone completely stonewalled and iterated I would have to pony up
£100 to their firm to file some ancillary paperwork then pay off the balance within 6 months.

I'm just curious to see if there is a way I could stop the case getting to judgement phase
and work out an affordable repayment plan without paying some extortionate fee for this?

Or better yet ...buy enough time to raise the funds needed to clear a portion of this debt ?

We, TM Legal Services Limited, are instructed by Asset Collections & Investigations Limited.
We understand from our Client, that they have made several attempts to contact you in relation
to the arrears on your account and you have either failed to respond to our
Client or you have failed to maintain regular payments.



Our client instructed us, TM Legal Services Limited, to issue you with a Letter of Claim which
provided you with a further 30 days to respond before the issuing of County Court proceedings.
As you failed to respond, we have now been instructed to act on their behalf and issue
County Court proceedings to recover the outstanding balance.



You will shortly receive a Claim Pack issued by the Courts. You are encouraged to seek
independent legal advice.

Failure to complete and return the relevant documents enclosed in the Claim Pack within the time stated,
or failure to pay the amount owed in full before this date, will result in a County Court Judgment being
entered against you automatically.

[Amethyst]

Personally, I would wait for the court papers to arrive. Have you changed address since you took out the original loan that the claim is based on ? ( Lending Stream?)

Did you receive the prior letter before claim ? ( assuming you didn't reply to it if you did )

The £100 may be to lodge a tomlin order so that you can pay off in installments without having the CCJ, but lets have a look at their actual claim first - then you can decide whether you want to defend it, or negotiate further - you should at least make Asset / TM come up with the relevant documents to evidence their case first.

Some reading for you here for once the claim arrives. You could send the CCA request to Asset now. And the Subject Access Request to Lending Stream ( or whoever the original creditor is).

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence

[GBExile]

TM have more than a 75% of shares of Asset Collections & Investigations.

Technically they are the same people.

Do not be bullied.

[GBExile]

( or whoever the original creditor is).

thats the question.

[Cynicalism]

An update:

The court papers have arrived and I haven't changed address since the loan was issued.
(Though I did live with a friend for 3 months while unemployed )

The original creditor is Uncle Buck Finance ....

I shall acknowledge the claim as per the advice above
and use the templates to request documentation from the creditor, TM Legal and Asset Collections


Filing a defense after 12 days would be the next step correct ?


Wow... I didn't know TM Legal owned Asset Collections.
I really don't want to pay an extra £100 for a tomlin order though

[Amethyst]

Ok - the address things was only in case you didn't receive the claim in the event they issued it to an old address, so that's fine

Once you have filed the acknowledgment of service you have 28 days from the date of issue of the claim to file your defence.

Send a SAR to Uncle Buck.

Uncle Buck Finance LLP - Data Protection Dept.
Riverbridge House

Anchor Boulevard

Crossways Business Park

Dartford

Kent

DA2 6SL

Send a CCA request to Asset Collections

Send a CPR 31.14 request to TM Legal.

If you type out the particulars of claim we can check what to ask for in the CPR request - likely the Agreement, Notice of Assignment and Default Notice, if mentioned in the particulars.

[Cynicalism]

Ok - the address things was only in case you didn't receive the claim in the event they issued it to an old address, so that's fine

Once you have filed the acknowledgment of service you have 28 days from the date of issue of the claim to file your defence.

Send a SAR to Uncle Buck.

Send a CCA request to Asset Collections

Send a CPR 31.14 request to TM Legal.

If you type out the particulars of claim we can check what to ask for in the CPR request - likely the Agreement, Notice of Assignment and Default Notice, if mentioned in the particulars.

Thank you for the timely response...here are the particulars in the claim form as requested

The Claimant claims this amount in respect of an unpaid loan, regulated by The Consumer
Credit Act 1974. The loan was funded by Uncle Buck Finance LLP, trading as Uncle
Buck. The Defendant has failed to make payments in accordance with the terms of
the credit agreement.
The credit agreement was assigned to the Claimant, upon which a Notice Of Assignment
was sent to the Defendant. The Defendant has either failed to respond to the Claimant
or has failed to maintain regular payments. The Claimant issued a Letter Of Claim,
providing the Defendant with a further opportunity to arrange
repayment of the outstandin balance to no avail.
The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8%
a year from 30/05/2018 to 09/11/2018 on £482.14 and also interet at the same rate up the date
of judement or earlier payment at a daily rate of £0.11

I've sent the SAR AND CCA request to both firms. I think the documents I need to request from
TM Legal are the Credit Agreement and Notice Of Assignment ? Is that correct ?

[Amethyst]

Okay I'd ask for the Credit Agreement, Notice of Assignment and Letter of Claim. They don't mention Default nor Termination so you couldn't enforce any request for those documents but I would add Default Notice to the documents you are requesting anyway, as without having issued a default notice they wouldn't be entitled to bring the claim.

So;

1: Credit Agreement
2: Notice of Assignment
3: Letter of Claim
4: Default/Termination Notice.

The Claimant claims this amount in respect of an unpaid loan, regulated by The Consumer
Credit Act 1974. The loan was funded by Uncle Buck Finance LLP, trading as Uncle
Buck. The Defendant has failed to make payments in accordance with the terms of
the credit agreement.
The credit agreement was assigned to the Claimant, upon which a Notice Of Assignment
was sent to the Defendant. The Defendant has either failed to respond to the Claimant
or has failed to maintain regular payments. The Claimant issued a Letter Of Claim,
providing the Defendant with a further opportunity to arrange
repayment of the outstandin balance to no avail.
The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8%
a year from 30/05/2018 to 09/11/2018 on £482.14 and also interet at the same rate up the date
of judement or earlier payment at a daily rate of £0.11

[Cynicalism]

i'm a little confused since the resource above says not to include a Default/Termination Notice.


Also I'm doubtful as to what date I should put with regards to the line below

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx

.

[Amethyst]

Aye - if you went to court to enforce the cpr 31.14 request you wouldn't be able to include the default as it isn't mentioned, but it doesn't hurt to ask for it at this stage xxx

The date would be 33 days from the date of issue printed on the claim form - you can work that out https://www.timeanddate.com/date/dateadd.html
I usually put a date a few (4/5) days earlier.

[GBExile]

Wow... I didn't know TM Legal owned Asset Collections.

Asset Collections & Investigations Ltd is controlled via one company who is being controlled by one company who is controlled by another by someone called Tracy Ann Appleby MOLLART. Who remarkably by absolute coincidence is the company secretary of TM Legal Services Ltd & also the major shareholder (75%+ ie 100%) of the company that owns TM Legal Services..

Funny that..... In laymans' terms the same person controls all IE Tracy Ann Appleby MOLLART

Tracy has made an error with companies house by not cross referencing her interests in other businesses so you need to dig a bit to find this stuff out. It is supposed to be that you click Tracy Ann Appleby MOLLARTs name on Companies House & it brings up all her interests as filed at Companies House. I am sure it is a genuine mistake & purely accidental. You can report these errors to companies house that should then send Tracy a form or two to correct her oversights. Tracy is obviously a very busy person with all those companies she has an interest in.

I am not quite sure how a Judge would see it if there were any discrepancies between Asset & TM under these circumstances? Hopefully she will catch up with her Companies House obligations when she has a moment of peace & quiet & people like you do not bother her with trivial matters like Court & Law.

I would hate to speculate on Tracys' combined company assets. It is very hard to establish. However, I hope she has enough to put a roof over her head & feed herself on the £0 she has received in reported company profit I have seen so far. I have heard there are food banks available. In fact me & my other half donate £5 a week to our local bank. Maybe you & I should post a parcel to Tracy?

According to The Law Society apparently you will find her registration number of 647980 on the Solicitors Regulation Authorities website. https://www.sra.org.uk/consumers/solicitor-check.page . I tried & I couldnt find it. Maybe you could do better? Technology is not my thing obviously.

A clean bill of health on that one?

Does that mean Tracy is expired to act in a legal capacity? or struck off? or didnt cough up her dues? when her details & name & reg number does not appear on the Solicitors Regulation Authorities website?

Maybe they should microchip all legal experts like puppies? Kennel cough is a killer.

Its all a conundrum of a conundrum to me.

Oh by the way way no doubt Asset Collections read this site. In which case (message to Asset) see you in court.

(dont edit please & I wont delete promise)

[Cynicalism]

Asset Collections & Investigations Ltd is controlled via one company who is being controlled by one company who is controlled by another by someone called Tracy Ann Appleby MOLLART. Who remarkably by absolute coincidence is the company secretary of TM Legal Services Ltd & also the major shareholder (75%+ ie 100%) of the company that owns TM Legal Services..

Funny that..... In laymans' terms the same person controls all IE Tracy Ann Appleby MOLLART

Tracy has made an error with companies house by not cross referencing her interests in other businesses so you need to dig a bit to find this stuff out. It is supposed to be that you click Tracy Ann Appleby MOLLARTs name on Companies House & it brings up all her interests as filed at Companies House. I am sure it is a genuine mistake & purely accidental. You can report these errors to companies house that should then send Tracy a form or two to correct her oversights. Tracy is obviously a very busy person with all those companies she has an interest in.

I am not quite sure how a Judge would see it if there were any discrepancies between Asset & TM under these circumstances? Hopefully she will catch up with her Companies House obligations when she has a moment of peace & quiet & people like you do not bother her with trivial matters like Court & Law.

I would hate to speculate on Tracys' combined company assets. It is very hard to establish. However, I hope she has enough to put a roof over her head & feed herself on the £0 she has received in reported company profit I have seen so far. I have heard there are food banks available. In fact me & my other half donate £5 a week to our local bank. Maybe you & I should post a parcel to Tracy?

According to The Law Society apparently you will find her registration number of 647980 on the Solicitors Regulation Authorities website. https://www.sra.org.uk/consumers/solicitor-check.page . I tried & I couldnt find it. Maybe you could do better? Technology is not my thing obviously.

A clean bill of health on that one?

Does that mean Tracy is expired to act in a legal capacity? or struck off? or didnt cough up her dues? when her details & name & reg number does not appear on the Solicitors Regulation Authorities website?

Maybe they should microchip all legal experts like puppies? Kennel cough is a killer.

Its all a conundrum of a conundrum to me.

Oh by the way way no doubt Asset Collections read this site. In which case (message to Asset) see you in court.

(dont edit please & I wont delete promise)

Wow the plot thickens.


I received a text from TM legal requesting a call to discuss my account.

I'm still waiting for the documents I requested though

[Amethyst]

According to The Law Society apparently you will find her registration number of 647980 on the Solicitors Regulation Authorities website. https://www.sra.org.uk/consumers/solicitor-check.page . I tried & I couldnt find it. Maybe you could do better? Technology is not my thing obviously.

A clean bill of health on that one?

Does that mean Tracy is expired to act in a legal capacity? or struck off? or didnt cough up her dues? when her details & name & reg number does not appear on the Solicitors Regulation Authorities website?

Tracy Mollart - http://solicitors.lawsociety.org.uk/.../tracy-mollart

Caroline Wright - http://solicitors.lawsociety.org.uk/...e-sarah-wright

TM Legal Services Ltd - http://solicitors.lawsociety.org.uk/...rvices-limited

It really isn't unusual for a Debt Purchaser to have interest in a Solicitors / Law Firm that they use to bring claims. Cabot / Marlin / Westcot and Mortimer Clarke for example - https://beta.companieshouse.gov.uk/o...c/appointments - it's pretty standard stuff.

[Amethyst]

I received a text from TM legal requesting a call to discuss my account.

I'm still waiting for the documents I requested though

No need to contact them.

In your next letter to them ( once you receive documents and reply to say there is stuff missing ) you should tell them you withdraw any permission to text or call you and expect them only to deal in writing from here on.

[GBExile]

Tracy Mollart - http://solicitors.lawsociety.org.uk/.../tracy-mollart

Caroline Wright - http://solicitors.lawsociety.org.uk/...e-sarah-wright

TM Legal Services Ltd - http://solicitors.lawsociety.org.uk/...rvices-limited

Now find them on the https://www.sra.org.uk/consumers/solicitor-check.page