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Phred vs Perch Capital (Gain Credit LLC, Lending Stream, TM Legal Services)

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  • Phred vs Perch Capital (Gain Credit LLC, Lending Stream, TM Legal Services)

    I have received a county court claim as set out in the information below. This is something that I havent experienced before and I am a little unsure on the correct course of action to follow.

    I have submitted an Acknowledgment of service and intend to submit a CCA and CPR request today. However I have a couple of questions about submitting these.....

    CCA

    I will be sending the indepth version of the CCA request

    Should this goto Perch Capital Ltd or to the original lender (Lending stream/Gain Credit LLC)?
    Account number is not mentioned in the claim, should I refer to this? or use the Claim number?

    CPR

    I will be asking for the following:

    1. Credit Agreement
    2. Notice of Assignment
    3. Letter of claim

    There is no mention of default or termination notice in the particulars of claim so I assume that I cannot ask for this?

    Am I missing anything?




    Received a claim? Yes/No: YES
    Issue Date: 27th July 2020
    Have you Acknowledged the Claim?: YES
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1000
    Claimant’s Name: Perch Capital Limited
    Solicitors Firm: TM Legal Services Limited
    Original Creditor: Lending Stream (Gain Credit LLC)
    Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

    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 payment of the outstanding 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 xxxx to xxxxx on £xxxx and also interest at the same rate up to the date of the judgement or earlier payment at the rate of £xxxx

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO
    List any letters you have sent (eg: CCA/ CPR ): None
    Any Other Information or Background Details:
    Tags: None

  • #2
    Originally posted by phread View Post
    CCA

    I will be sending the indepth version of the CCA request

    Should this goto Perch Capital Ltd or to the original lender (Lending stream/Gain Credit LLC)? Perch Capital Ltd (they now own the debt)
    Account number is not mentioned in the claim, should I refer to this? or use the Claim number? A CCA request is separate from the court claim and so should quote the account number.

    CPR

    I will be asking for the following:

    1. Credit Agreement
    2. Notice of Assignment
    3. Letter of claim

    There is no mention of default or termination notice in the particulars of claim so I assume that I cannot ask for this? Correct - You can send a SAR (Subject Access Request to Lending Stream/Gain for this document and anything else)

    Am I missing anything? Nope - keep us informed




    :
    Looks like you have everything in order - make sure you do plenty of reading around to familiarise yourself with next steps and timetables.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Witness Statements
    Directions Questionnaire
    Statute Barred Letter



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    2 of 2 < >

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