BusyGran v Perch / Lending Stream / TM Legal

[Amethyst]

No don't let them know anything, the court will send the info to them, it shows online as soon as you acknowledge the claim, and they use that as an excuse to start sending emails threatening default judgment and bailiffs.

The Claimant claims this amount in respect of an unpaid loan regulated by The Consumer Credit Act 1974. The loan was funded by GAIN Credit LLC. 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 has issued a letter of claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail. The Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% a year from (gives dates) on (gives amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.16"

Just thinking that they do not plead that there are two accounts, as well as failing to plead default or termination, that could help.

They do mention Notice of Assignment so we can do a CPR 31.14 request for that, acknowledging they have sent the rest of the info.

( again thinking out loud so don't do anything else yet )

[GBExile]

Asset Collections & Perch Capital & TM all the same people. Amethyst

[Amethyst]

I know GB xxx

[BusyGran59]

Hi Amethyst

Email received from TM dated 4th November stating as follows:-

"Dear XXXX



Your account has been placed on hold as we are currently awaiting further information from yourself.



Your account is now on hold for 7 days once the 7 days expire your account will be open for further collection activity.



Please send any attachments to TM etc"


Regards
BusyGran

[Amethyst]

You have until the 27th November to file defence, so don't worry.

They'll have received the notice that you've acknowledged the claim with intent to defend. The 'on hold for 7 days' is simply rubbish and entirely pointless as they too are tied to the court process timeline.

[BusyGran59]

Hi Amethyst

I've received a first email from TM this morning :

"Due to ourselves being instructed by Asset Collections and Investigations to manage the account we will have sent a welcome email. If you would like to have the Notice of Assignment you will have to contact Asset Collections and Investigations "

So they finally responded saying this, after insisting we can't have another one as they already sent one!


And then I received a second email this afternoon which reads as follows:

Here at TM Legal Services Limited ("TMLS"), our records indicate that you have recently been in contact with us however, we have still not come to an amicable resolution on your account.

Our goal is to resolve the matter and establish a fair understanding of your current circumstances.

We can offer you a reduced settlement figure and /or tailored payment arrangements to suit your financial needs.

What are my options?

1.We can offer you reduced settlement figure on your account of £. Upon the full settlement being paid, we will write off the remaining balance and close the account, please contact the office to agree your reduced settlement figure.

2.We also offer tailored payment arrangements to suit your financial needs. For example this could be £ a month until the balance of £ is cleared in full.

Please note, we would look to take the first payment within the next 14 days.

All settlements / payment arrangements are subject to affordability checks.

You can make payments via our online portal today, click the button below!


What do you think should be our next move?

Thanks
BusyGran

[BusyGran59]

Hi guys, knowing I have to file a defence by 27th November, do you think I should be pushing them for the Notice of Assignment so we can see it? If so, who shall I write to as they are insisting its Asset Collections, however as GBEXILE said above, they are all the same company! I do suffer from anxiety so tend to worry a lot about things, sorry if it seems I'm pestering you but its on my mind all the time. Thanks again x

[GBExile]

Hi guys, knowing I have to file a defence by 27th November, do you think I should be pushing them for the Notice of Assignment so we can see it? If so, who shall I write to as they are insisting its Asset Collections, however as GBEXILE said above, they are all the same company! I do suffer from anxiety so tend to worry a lot about things, sorry if it seems I'm pestering you but its on my mind all the time. Thanks again x

You need to carry on like they are different companies (IMPORTANT DO NOT TREAT THEM AS THE SAME COMPANY) .

Don't bother chasing them up if you have proof of posting/ proof of delivery.

You just write in the defence that you have requested them on such & such date from so & so but they have failed to provide you with a copy as of date of defence.

[BusyGran59]

You need to carry on like they are different companies (IMPORTANT DO NOT TREAT THEM AS THE SAME COMPANY) .

Don't bother chasing them up if you have proof of posting/ proof of delivery.

You just write in the defence that you have requested them on such & such date from so & so but they have failed to provide you with a copy as of date of defence.

Thanks so much GM. We don't have any proof of a NOA just TM's word that one was sent via email sometime ago (never received). BTW I don't expect you guys to do all the work for me, and just appreciate your valued help and advice, I'm very happy to be proactive about this myself as long as I know I'm doing the right thing. Shall I write to Asset with a CPR 31.14 request for the NOA now then?

[BusyGran59]

Have now received two Notices of Assignment. Amethyst I can’t edit them so will forward to the admin address as I did the previous docs and trust that’s ok. . Look forward to your views. Thanks in advance.