TM Legal Services Limited Claim - Need Your Recommendation

[sarahangius0]

I suggest you to wait for the next court orders until unless making any decision.

[Cynicalism]

Give court a call and check the status of the claim with them.

Just received a letter saying the small claims court has arranged for the case to be transferred. I haven't arranged mediation
or been advised of an appointment.

It goes on further to say This claim has been transferred to the County Court Hearing Centre for allocation.
On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management.


What happens next ?

[Amethyst]

The court that the case has been transferred to will look through the papers and issue any directions and probably set a court hearing date. They may order mediation before setting a date but basically it's up to your local court now.

[Cynicalism]

The court that the case has been transferred to will look through the papers and issue any directions and probably set a court hearing date. They may order mediation before setting a date but basically it's up to your local court now.

Thank you for the timely response.

[Cynicalism]

Asset & TM Legal are now below the bottom of the barrell.

Actions include. Trying to threaten defendants with court action despite losing previous cases due to striking out because of their failure to comply with judges orders.

They really are scum.

You are right. This claim was struck out but I just received another email from them.

We act on behalf of the Claimant.


We write in respect of the above matter and further to the hearing that has been listed to take place at the County Court at Manchester on the 25 June 2020 at 10:00am.


The Claimant respectfully requests that their attendance in person be excused and kindly asks that this correspondence be accepted as written notice of our non-attendance in accordance with CPR 27.9(1)(a).


Please find attached herewith a copy of the Witness Statement of AXXXX XXXXXX. We would ask that the reasons set out within this statement as to why the Claimant does not accept the Defendants defence be considered in our absence.


We can confirm that a hard copy of the aforementioned witness statement has today been sent to the court via 1^stclass post.


Please be advised that a copy of the witness statement and supporting evidence has also been sent to the Defendant via post and email, in accordance with CPR 27.9(1)(b).


We hasten to add that no disrespect is intended by our non-attendance, but we wish to save costs having particular regard to the fact that this is a claim with fairly modest value. We ask the court in accordance with CPR 27.9(1)(c) to deal with this application in our absence.


Furthermore, in accordance with CPR 27.9(1)(a), the Defendant has been notified that the Claimant does not propose to attend the hearing listed to take place on the


In light of the information set out in the attached witness statement, the Claimant humbly requests that the Defendants defence be dismissed, and Judgment be entered for the full balance immediately.


We also wish to add that we have not received any documentation from the Defendant in support of their defence for the hearing.


We thank you for your time in this matter and look forward to hearing from you in due course.

Here is the interesting part in the witness statement which caught my attention

On and with effect from the 22 August 2019, all rights, title, interest and benefits in and to the assigned documents
and the debt to which this claim relates were assigned to Perch Capital Limited by Asset Collections and Investigations
Limited.

Due to a refinance, there has been a change to the group structure and, it is condition of the
refinancing that the ownership of all the debts were moved to the holding company, Perch Capital Limited

The debts were assigned from Asset Collections & Investigations Limited to Perch Capital
Limited via a sale agreement dated 22 August 2019

Perch Capital Limited have subsequently instructed Asset Collections and Investigations Limited as the Master
Servicer to continue to manage the collection of any outstanding debt on their behalf. Perch Capital Limited
have subsequently instructed TM legal Services Limited to act as their legal representative on this matter and continue
to manage the legal process for this claim.

Perch Capital Limited have been advised by Asset Collections and Investigations Limited that a Notice Of
Assignment has subsequently been sent to the Defendant by way of email, on Perch Capital Limited behalf,
informing them that the debt has been assigned to Perch Capital Limited and advising that they would pursue
collection activity regarding the outstanding debt, exhibited hereto as ' CH1'

Asset Collections and Investigations Limited submitted an application to the County Court Business Centre to
substitute the previous Claimant ACI with Perch Capital Limited as per Civil Procedure Rule 19.2. The County Court
Business Centre has now approved the application for all cases held at the Court.

ACI have now submitted a Global Substitution Order application to the High Court to substitute the previous Claimant ACI
with Perch Capital Limited as per Civil Procedure Rule 19.2 with all cases held at a local County Court, and
requested that re-service of the claim form be dispensed with. A copy of the application being accepted by the High Court via email is exhibited hereby as 'CH2'. The High Court has now approved the Global Substitution Order

Can they just substitute themselves even after the claim has struck out ?

They then filed another 44 point witness statement.*

[Amethyst]

What Makes you say the case was struck out ?

Normally I'd say call court and check the status of the case - but may be email the court - Asset seem to think there's a hearing in June set - I know they think wrong a lot, but a good idea to check.

[Cynicalism]

What Makes you say the case was struck out ?

Normally I'd say call court and check the status of the case - but may be email the court - Asset seem to think there's a hearing in June set - I know they think wrong a lot, but a good idea to check.

I received a letter on the 16th of DEC 2019. It said :

Upon no party attending


IT IS ORDERED THAT



The Claim be struck out.


Date 11 December 2019


I'm confused as they never mentioned this in their lengthy witness statement

[GBExile]

I received a letter on the 16th of DEC 2019. It said :

Upon no party attending


IT IS ORDERED THAT



The Claim be struck out.


Date 11 December 2019


I'm confused as they never mentioned this in their lengthy witness statement

Have you had any court documents since then? You know the ones.

[Cynicalism]

Give court a call and check the status of the claim with them.

This is bizarre. I recieved a letter that states :

Considering a letter from the Claimant Solicitor dated on Februrary 2020

IT IS ORDERED THAT :

1) The order dated 11th December 2019 be set aside

2 ) District Judge has considered the statements of case and directions questionnaire filed and allocated the
the claim to the small claims track.

How can they set aside a date where I have another letter saying the case was struck out on 11th December ?


Today I received another letter saying I have a hearing on the 25th of june.

IT IS ORDERED THAT :

1) Where this order requires a party to send an email to the court such email shall be sent to etc...
2) The trial of this matter shall proceed in open court on 25th June 202 at 10:30am. The parties (and their legal representative
and any witness they wish to call to give evidence must attend the Manchester Civil Justice Center for the hearing) etc...
3) In order to comply with public health guidance a maximum of 5 people will be permitted in the court room for the hearing
4) The parties must comply with any order already given relating to to sending their documents and witness statements to the court and the other parties before the hearing.The judge will not permit documents to be handed over the hearing. A party who has not complied with sending their documents as ordered may find their case is struck out
5) Any party who has a good reason for not being able to attend a hearing in open court ( for example, who is shielding on e medical advice ) must email
the court by 4pm 7 days after they receive this order.
(a) explaining in detail why it is that they cannot attend
(b) stating whether would like the hearing to be postponed ( and if so, when they think that they will be able to attend court
(c) stating whether they are happy for the hearing to go ahead in their absence, in which case they must comply
with Rule 27.9(1)

I currently have my sisters newborn in my residence so I'm against putting her at risk
by attending a court date.


Any suggestions on how I can this postponed on those grounds or get this restruck out ?
Since they "magically" changed the claimant name and aggressively asked the
Judge to enter into Judgement.*

[GBExile]

You need to write to the court by recorded & email them stating why you cannot attend the date & when you will be available to attend. & you need to do that tomorrow.
You will not get away with an open ended reply. You need to state from such & such date I am willing to attend subject to the Governments advice.
The court will then either accept it or reject it but you must turn up if you haven't heard anything. I suggest you call them 2 days before & if no decision then call them the next day & if no decision then you must go.*

[Cynicalism]

You need to write to the court by recorded & email them stating why you cannot attend the date & when you will be available to attend. & you need to do that tomorrow.
You will not get away with an open ended reply. You need to state from such & such date I am willing to attend subject to the Governments advice.
The court will then either accept it or reject it but you must turn up if you haven't heard anything. I suggest you call them 2 days before & if no decision then call them the next day & if no decision then you must go.

Any suggestion on a rough template ?*

Even if I go. I'm clueless as to what defense to use besides the previous one as they have yet to
provide a Notice of Default.*

I cannot go and risk infecting a newborn. That is asinine.*

*

[GBExile]

Any suggestion on a rough template ?

Even if I go. I'm clueless as to what defense to use besides the previous one as they have yet to
provide a Notice of Default.

I cannot go and risk infecting a newborn. That is asinine.

I blah cannot attend on such & such day & I am self-isolating at the moment for a minimum of 3 weeks due you a new born baby in the house but am willing to attend after such & such date subject to isolation restrictions being lifted for vulnerable groups.

Send that tomorrow by recorded & email & I will have a look tomorrow at what you have been sent.*

[Cynicalism]

I blah cannot attend on such & such day & I am self-isolating at the moment for a minimum of 3 weeks due you a new born baby in the house but am willing to attend after such & such date subject to isolation restrictions being lifted for vulnerable groups.

Send that tomorrow by recorded & email & I will have a look tomorrow at what you have been sent.

Cheers. Sent this off and tried to rind to call and confirm but couldn't get through

I'll call them tomorrow to see if they have received it

[GBExile]

Cheers. Sent this off and tried to rind to call and confirm but couldn't get through

I'll call them tomorrow to see if they have received it

If you cannot get through then you need to turn up. Unless of course you want to cough up £250ish to appeal.*

[Celestine]

Clearly the court system is not working properly - keep trying to call the court and send emails every two days to try and get a response. This claim does not fit the parameters for hearings going ahead currently. (High value/urgent claims only) I strongly suspect this hearing will not go ahead in person, but will last minute be changed to a telephone hearing or an offer for the Judge to decide it on papers alone. Having said that, if you do fail to get any response at all, it would be wise to acquire a mask and gloves, attend the court on the day maintaining social distancing. I'm so sorry you are even being put in this situation, the courts are not dealing with Covid19 very well at all unsurprisingly.