TM Legal Services Limited Claim - Need Your Recommendation

[Cynicalism]

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

Well I don't know what to do because they sent a 44 point statement. So if it goes through I'd be left with a counterpoint of
the case being struck out in december initially and them not filing a default notice I guess ?

Willing to pay about £100 to have something to counter these people or at least furlough them for a few months.

If I did appeal - on what grounds could I use ? The fact that I was shielding an infant of mixed-descent from catching covid on government advice ?

[Cynicalism]

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.

I just want to say thank you for the timely response- I'm still calling and not getting any answers on the line though .
I sent another email off to them as well. I hope this works this time.

Even if it became judged on papers alone I'd have no papers to submit except my last defense which got it struck out in December - even if I did attend court. I'm clueless as to what I'd bring except my initial defense and the letter of the claim being struck out in December. .

Any suggestions are appreciated and as always thank you so much for everything you do on here.

[Celestine]

I’m a little confused - you say your defense was struck out but you also say you didn’t file it ‘because you were awaiting documents’
And yet it can’t have been struck out as you received a directions questionnaire and have a trial in 4 days time. I’m concerned at the big gaps in information. Have any documents ever been supplied such as CCA? Did the SAR come through from Uncle Buck?

[Cynicalism]

I’m a little confused - you say your defense was struck out but you also say you didn’t file it ‘because you were awaiting documents
And yet it can't have been struck out as you received a directions questionnaire and have a trial in 4 days time. I’m concerned at the big gaps in information. Have any documents ever been supplied such as CCA? Did the SAR come through from Uncle Buck?

I filed a defense last year and the claim got struck out - i have a later dated for 16th of December stating the claim be ordered struck out
for non attendance of both parties. I don't know if TMA got this order set aside or something. but they also got a substitution order to change the name of the Claimant to Perch Capital but the claim number is still the same,

I received the CCA through email

We act on behalf of the Claimant.



Having recently had the opportunity to review your case, it has been noted a request for the original Credit Agreement was received by the Claimant that was not actioned due to an administrative error.



We would like to take this opportunity to apologise for the delay in actioning your request and any inconvenience this may have caused. As such, please find attached your original Credit Agreement. The password for this document is your date of birth in the format DDMMYYYY.



The Original Creditor provides a warranty at the time of sale that they have fully complied with the Consumer Credit Act up until the point of assignment.



Furthermore, having reviewed your defence, it is by your own admission that you had entered into an agreement with the original creditor Uncle Buck Finance LLP thus benefitted from the amount funded. As you have admitted to taking out the loan, and in light of the above, we would invite you to withdraw your defence and contact the office on 01253 531016 to discuss options of repayment.



Our office opening hours are Monday to Thursday 8am-7pm and Friday 8am-5.30pm if you have any further queries.



Yours faithfully,

i never received the SAR or Notice Of Default though.
.

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

I'm wondering if I should just say the same thing I said in my original defense
but they added a 44 point witness statement, So I'm not certain if I can counter that since I literally have 2 days left,

What do you suggest I do ? Can I forward you their witness statement and my defense to see if thers's a way to
get this struck out again. I don't have but I can spare £50-100 for your time.

If this is against the rules then I'm sorry.

*

[Celestine]

pt2537 Any thoughts?

[pt2537]

Im not sure i follow whats happening here. If the claim is struck out they either need

1) to set aside that order or get relief from sanctions, or
2) to issue a new claim

Are we saying neither has happened? If yes, then the claim is dead surely, unless i misunderstand what has happened of course

[Cynicalism]

Im not sure i follow whats happening here. If the claim is struck out they either need

1) to set aside that order or get relief from sanctions, or
2) to issue a new claim

Are we saying neither has happened? If yes, then the claim is dead surely, unless i misunderstand what has happened of course

1) The order was set aside even after being struck out .
2) The claim was allocated to the small claims track.
3)We had a hearing for the 25th of June and they filed a 44 point witness statement,
4) I filed a cannot attend later due to shielding an infant and received the following response .

Good Morning,



I can confirm the hearing on 25th June 2020 has been vacated



Kind Regards

TM/Perch Capital then in turn wrote this

We act on behalf of the Claimant.



We write in anticipation of the hearing that was listed to take place at Manchester County Court on 25 June 2020 , which has now been vacated as per the Court email dated 24 June 2020.



Nevertheless, please find enclosed a copy of the Claimant’s amended witness statement and the documents they will be relying on in Court in support of their claim.



We would ask that the reasons set out within our witness statement as to why the Claimant does not agree with the Defendant’s defence be considered. The Claimant would respectfully request that the Court to use their power in accordance CPR 3.4(2)(a) to strike out the Defendant’s defence as the Defendant has admitted to taking out the loan, the Claimant has provided satisfactory evidence that the Defendant applied for the funds, and the Defendant has no reasonable grounds for successfully defending the claim.



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



We also wish to add that we did not receive 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.

What do you suggest I do now ? Request the SAR and Notice of Default again ?*

[GBExile]

What do you suggest I do now ? Request the SAR and Notice of Default again ?

I would suggest you chill out & only react to the brown letters sent by the court.*

[Celestine]

pt2537 Essentially the only document outstanding is the DN, but that wasn’t specifically referenced in defence. CCA doc now supplied, statement too (I think) - thankfully Hearing vacated - what now?

[pt2537]

i think id need to see what they sent before i could really offer any guidance

[Cynicalism]

i think id need to see what they sent before i could really offer any guidance

How would you suggest I deliver these documents ?

[Cynicalism]

I would suggest you chill out & only react to the brown letters sent by the court.*

They sent a hearing with date set for 28th of august,

I'm uncertain how to proceed ? should i draft a witness statement ?

[GBExile]

They sent a hearing with date set for 28th of august,

I'm uncertain how to proceed ? should i draft a witness statement ?

Yes. Best to start in now & spend a bit of time thinking & adding & amending.

Did it say in the notification you need to exchange witness statements?

[pt2537]

Yes. Best to start in now & spend a bit of time thinking & adding & amending.

Did it say in the notification you need to exchange witness statements?

Indeed

The order will tell you what you need to do to prepare for the hearing. In terms of witness statements you will need to make sure you prepare your evidence correctly. the rule of thumb is, if it isnt in your statement then you cant talk about it at trial so make sure everything is in there

[Cynicalism]

Yes. Best to start in now & spend a bit of time thinking & adding & amending.

Did it say in the notification you need to exchange witness statements?

I can't find the letter now and honestly given the current rise of infections in the Greater Manchester area
I'm inclined to ask for the date to be vacated for a further 4 weeks.

If not, nothing has changed except the case was struck out in december

Could I include that in my witness statement ?