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County Court Claim TM Legal / Lending Stream

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  • #1

    County Court Claim TM Legal / Lending Stream

    I was hoping to get some advice on an issue I am having with TM Legal / Lending Stream / Perch Capital

    At the end of July 2020 I received a County Court claim form issued by TM Legal on behalf of Perch Capital for approximately £900. The claim relates to a payday loan taken out in Feb/March 2019 from Lending Stream.

    I completed an acknowledgement of service and requested information (copy agreement, assignment etc....) from TM Legal and Perch Capital at the beginning of August 2020. I received a reply from TM Legal but nothing from Perch Capital.

    Since August 2020 I have heard/done nothing regarding this matter and thought it was now dead so to speak. However in the last few days I received an email stating that proceedings at court would be recommenced if I do not pay the full amount within 14 days.

    Can they recommence proceeding after such a long time with no action/communication?

    At the time of taking out this loan I was in a spiral of taking out one loan to pay another. In truth I couldn't afford the first loan I took out let alone the additional ones. I understand that I may be able to submit an affordability complaint or use a unfair relationship defence. Any advice on this would be very grateful.



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  • #2
    "Can they recommence proceeding after such a long time with no action/communication?"

    Yes, but they have communicated their intent.

    Comment

    • #3
      Originally posted by dslippy View Post
      Yes, but they have communicated their intent.
      Yes, they have, you are correct. I am aware that they have now communicated this after 2 years and 3 months. My question was are they allowed to do this after such a long period of time. Or put another way is there a time limit for acting on the proceedings they have previously issued?


      Comment

      • #4
        They cannot issue new proceedings, that would be an abuse of process. They can seek to lift the stay and proceed with this claim, if they do then you could argue that the stay should not be lifted and their conduct in failing to prosecute the claim is itself an abuse of the court process
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        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.



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        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.
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