Likely Loans debt heading to court

**echat11** · 22nd May 2023, 05:30:AM

a) If all the documents check out I'm at a loss on how to defend this one if I go to court, Is mediation always offered prior to court?

Has the agreement been 'Varied', i.e. has the APR changed since the account was opened? There are other things to check as well. Provided they have provided all the documents and they comply, then you can request Mediation on the DQ.

b) this company are saying to me that they are pushing all the way for a CCJ when it gets to court.

If that is what they are doing, you could lodge a complaint with them under their complaints procedure,

FCA, CONC, 7.3.18 - https://www.handbook.fca.org.uk/handbook/CONC/7/3.html

https://www.citizensadvice.org.uk/cy...-by-creditors/

c) If we get as far as court and I lose and the judge like the last time I went awards all costs to be paid in 14/21 can the compant refuse a payment plan and just ask the court for a CCJ? or do certain requirements need to be met in order to get one like I have still ignored a payment plan despite a court order?

They can refuse a payment plan, but the Court will want to know why? (but what you need to do is fill in a income and expenditure form), they can go for a CCJ, but there are certain requirements, it doesn't mean it will be granted.

**Finaldj** · 29th May 2023, 21:24:PM

I need to submit my defence by Friday, They have sent me the credit agreement which looks ok, I've sent off the CPR 31.14 form but I suspect I won't get that back before the due date I need to send in defence.not what to put on my defence paper.

**Finaldj** · 30th May 2023, 01:04:AM

echat11 Could you do me a favour and look this over and correct it where it should be if you have time please or ask any further questions. You did the last one for me on Overdales and the Judge went off this form when in court. I've pasted it below in red where I have filled the bits in.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Perch Capital LTD]

Claimant

And

[ME]

Defendant

DEFENCE

1.The Defendant received the claim [02/05/2023] from the [Name of Court Northampton ] County Court on 02/05/23 <----- issue date I recieved 5 days later

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim [is for] x1 [Unsecured Loan] agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted] that the Defendant has [previously] entered into [an agreement] with [Original Creditor] for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim [fail to provide statements when the agreements were entered into/states the agreement was entered into since they have taken on the debt]

8.The Claimants statement of case states that the account was assigned from [Oakbrook finance] to [ACI LTD ] on [Unsure of dates but have email contact from the 22/05/2022] [TM Legal unsure of dates again but have the earliest email dated 27/3/2023]. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Oakbrook Finance] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the [25/05/23] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement 25/04/23]

11.[Claimant’s Solicitor] has not provided all these documents to the Defendant at the time of submitting my defence]

12.On the [25/04/23 & 25/05/23] The Defendant sent a formal request for a copy of the original agreements including Default Notice's and Notice of assignments to [TM Legal Services] pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s78 (1)] Consumer Credit Act 1974 and by virtue of [s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

**echat11** · 30th May 2023, 06:32:AM

You need to provide the following details, copy / paste without personal detail back onto this thread:-

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) has the agreement been 'varied' since you opened the account, i.e. has the interest rate gone up? if you have statements, that info will be on there.

b) once the above info has been provided then I can take a look at the defence.

**Finaldj** · 30th May 2023, 21:59:PM

echat11

Received a claim? Yes

Issue Date: 2nd May

Have you Acknowledged the Claim?: Yes on the MCOL site to fully defend the claim (defence needs to submitted by 4pm Friday 2nd June)

Total Amount Claimed : £3468

Claimant’s Name: Perch Capital Limited

Solicitors Firm: TM Legal Services Limited

Original Creditor: Likley Loans (applied with) (Oakbrooke finance appear to be the ones to give the loan)

Original Debt (Unsecured Loan)

Particulars of Claim: (The Claimant claims payment of an overdue balance in the sum of £3468 incurred by the Defendant under a Likely Loans. Unsecured Loan, account number xxxxx. The Defendant failed to maintain payments in line with the Agreement and as a result the account was terminated. The account was then subsequently assigned to the Claiment and the Defendant has been given notice of the accounts assignment):

Is the debt Statute Barred No its not statute barred I opened the account with them in 2018

List any letters you have sent CCA request sent and the agreement was sent to me via email which looks ok. CPR 31.14 was sent first class last week and they signed for it on Friday 26th May so still waiting on them to send the DN and notice of assignment

Any Other Information or Background Details: When I got into debt with Likely Loans I let them know we had got into some financial difficulty and they allowed me to pay £5 instead of the £72 for 6 months to be reviewed after but they never bothered at the end of the 6 months they just passed it onto a Debt company called ACI (looking at the accounts of ACI, ACI, Perch Capital and TM Legal) are part of the same group. Once it was passed onto the Debt company I stopped all communication

a) has the agreement been 'varied' since you opened the account, No the debt is the same as when I defaulted

b) once the above info has been provided then I can take a look at the defence. Thanks It's the same defence I used for Overdales that you provided albiet changed for this debt.

**Finaldj** · 31st May 2023, 02:10:AM

This is what I am looking to send today as it's getting too close to the deadline? its a do a die moment if its right or wrong now I think.

Defence

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Claimant claims payment of an overdue balance in the sum of £3468.72 incurred by the defendant under a Likely Loans, unsecured loan account number (xxxxxxx) I do not recall the precise details or agreement and have sought verification from the claimant's solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

2. The Defendant got into some financial difficulty and agreed with Likely Loans to enter into a £5 a monthly payment plan, this was to be reviewed after 6 months. This never happened as Likely Loans decided to pass the debt onto ACI debt collection agency after 6 months and decided not to allow any further minimum payments. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

3. The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice or termination notice; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date I am still waiting for them to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

**echat11** · 31st May 2023, 07:22:AM

The Defence can be emailed to the Court.

The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.

In the email subject line write the following Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.

--------------------------------------------------------------------------------------------------------------------------------------------

In the Northampton County Court Business Centre (check that it is Northampton)

Claim No: XXXXXXXXXX

Perch Capital LTD
Claimant
And
XXXXXXXXXXX
Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXX from the Northampton County Court on XX/XX/XXXX.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a unsecured loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Likely Loans for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant's Particulars of Claim fail to provide statements when the agreements were entered into.

7.The Claimants statement of case states that the account was assigned from Likely Loans, but fails to give a date for the assignment. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Likely Loans served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 25/05/23 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to TM Legal Services Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Letters of Assignment.

10. TM Legal Services Limited has not provided these documents to the Defendant at the time of submitting my defence.

11.On the 25/05/23 The Defendant sent a formal request for a copy of the original agreements to TM Legal Services pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

14.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

15.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________

------------------------------------------------------------------------------------------------------------------------------------------

a) has the agreement been 'varied' since you opened the account, No the debt is the same as when I defaulted So the interest rate hadn't gone up?

**Finaldj** · 31st May 2023, 14:06:PM

This morning I got back the copies of the DN, credit agreement the only thing missing was the notice of assignment, I posted on the CAG forums as well and they reckon it all looks legit. Where as before hand with overdales this wasn't the case.

In any event the defence needs to be in by Friday this week at 4pm and it has been suggested now in light of the documentation they sent I apply for a Tomlison order. I don't think I need this as my job isn't at risk even with a CCJ. I'm hoping that despite the court claim that we can now still come to an agreement on payment.

I suggested that perhaps I sent in the defence at this late stage and try and resolve the situation between now and the actual court date. Perhaps through mediation?

I just ignore I have seen the email prior to my defence being submitted as if I haven't seen it?

**echat11** · 31st May 2023, 14:20:PM

a) This morning I got back the copies of the DN, credit agreement the only thing missing was the notice of assignment, I posted on the CAG forums as well and they reckon it all looks legit. Where as before hand with overdales this wasn't the case.

They haven't provided all the documents they have stated in their Statement of Case, no notice of assignment.

b) In any event the defence needs to be in by Friday this week at 4pm and it has been suggested now in light of the documentation they sent I apply for a Tomlison order. I don't think I need this as my job isn't at risk even with a CCJ. I'm hoping that despite the court claim that we can now still come to an agreement on payment.

You still go ahead with filing the defence, you acknowledge they have provided some of the documents, but not all.

c) I suggested that perhaps I sent in the defence at this late stage and try and resolve the situation between now and the actual court date. Perhaps through mediation?
'
The Court wants you to settle the matter i.e. Mediation, Without Prejudice' offers etc.

d) I just ignore I have seen the email prior to my defence being submitted as if I haven't seen it?

As above they haven't sent all the requested documents.

Fill in an income and expenditure form, take account of the Cost of Living, a Court will only ask you to pay what you can afford to, so if that's £1 a month so be it.

The defence in post 8 has been amended to reflect the documents they have sent.

**Finaldj** · 31st January 2024, 06:45:AM

I just wanted to update this, I offered to do a Tomlin order back in September but they rejected my £10 a month offer and sent me a I&E form instead so I filled it out, this gave me room to up the offer to £20 a month, they ignored the form and asked me to call them instead. I refused as ask that they put what they wanted to speak to me about in writing first. They ignored this and proceeded with constant bombardments of idle threats.

Every letter was the threat that they were only going for a CCJ, I needed to be cross examined so Mediation wasn't an option in their opinion. They didn't send in their N180 form but sent me a copy. I then got a reminder from the court that they had sent them a letter giving them 7 days notice to send one in and this still didn't happen.

I then got a letter near November 2023 to say there had been a hearing and they hadn't complied with the order.

January 2024 I figured I would check the MCOL site to see if there had been any updates to see that there was an order on the 18th January that the case was "Struck Out"

I haven't heard from them in about 4 months they went from regular emails to nothing. They had everything from sending me all the CCA request documents, to me offereing a payment and tomlin order so if anything it was all in their favour.

How likely will the courts open this up again or is this the end now they can't take me to court anymore? What happens to the debt now?

**echat11** · 31st January 2024, 06:59:AM

Originally posted by Finaldj View Post

I just wanted to update this, I offered to do a Tomlin order back in September but they rejected my £10 a month offer and sent me a I&E form instead so I filled it out, this gave me room to up the offer to £20 a month, they ignored the form and asked me to call them instead. I refused as ask that they put what they wanted to speak to me about in writing first. They ignored this and proceeded with constant bombardments of idle threats.

Every letter was the threat that they were only going for a CCJ, I needed to be cross examined so Mediation wasn't an option in their opinion. They didn't send in their N180 form but sent me a copy. I then got a reminder from the court that they had sent them a letter giving them 7 days notice to send one in and this still didn't happen.

I then got a letter near November 2023 to say there had been a hearing and they hadn't complied with the order.

January 2024 I figured I would check the MCOL site to see if there had been any updates to see that there was an order on the 18th January that the case was "Struck Out"

I haven't heard from them in about 4 months they went from regular emails to nothing. They had everything from sending me all the CCA request documents, to me offereing a payment and tomlin order so if anything it was all in their favour.

How likely will the courts open this up again or is this the end now they can't take me to court anymore? What happens to the debt now?

Well done. They would need a very good reason why they haven't complied with the Court Order (to send in the N180), they would also have to pay fees etc. D

Did you get a copy of the Notice of Assignment?

**Finaldj** · 2nd February 2024, 03:59:AM

Yeah they sent everything in the end which is why I asked for the Tomlin order and a payment of £20 a month to start with. They wanted it to go to court regardless. Here we are now they never bothered. Not sure what happened there end but it went in my favour

Likely Loans debt heading to court