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Hello all,
My hubby and I took a loan back in February 2016 with Progressive Money (£15,000 over 8 years but the interest was extortionate!) and we defaulted after only a few months. After default we agreed to pay token payments and they were happy with these until 2021 when they sold the debt to Perch Capital. We received an email from a company called ACI about the assignment and they wanted to negotiate payments. Because we were and still are in quite a bad way financially, we weren't able to come to a mutually beneficial arrangement so they decided that the best way forward would be to obtain a CCJ and then apply for a charging order so that they could ultimately get their money back when the house was sold if there was sufficient equity. They have promised they have no intention of trying to force a sale of the house but I really don't trust them! Anyway, TM Legal, Perch's solicitors, issued a claim in the County Court in October last year and we have done our best to get through each part of the process as best we can with some advice from another forum. I had forgotten about this forum until a few days ago when trying to research, you gave great advice back in 2015 with another debt
The claim has been allocated to the fast track and the trial is due 12 September. Witness statements have been exchanged and theirs is pretty long and seems very comprehensive.
I have attached copies of our witness statements and theirs as well as most of the exhibits. The only tiny piece of hope is that the original creditor, Progressive, did not retain a copy of the executed agreement and have confirmed so in May this year (see their email at exhibit 2). However, up until now, TM Legal have only provided a blank copy of the CCA with no signatures. At exhibit 11, they have provided a "reconstituted copy" with our signatures! This is the first I've seen of anything with our signatures on and it appears pretty dodgy to me as this clearly isn't the executed version. I suspect they have copied and pasted our signatures from somewhere but have no idea where given that they have already admitted the original creditor has no signed copy of the agreement! I am told that TM Legal have a dubious reputation and lifting and pasting signatures on is one of their tricks! I've been advised too that a reconstituted version should not have signatures, only the executed agreement. The final thing to do before trial is put together our skeleton argument and I am trying to get advice as to whether I have any chance at all. Any advice received would be very gratefully received. My hubby and I have been out of our minds with worry for almost a year now and our mental health is terrible. The thought of losing our house is devastating especially as we are vulnerable and suffer with chronic conditions which mean we are not working and living on benefits.
Sorry for the long post and thank you for reading to the end!
Gibson71
My hubby and I took a loan back in February 2016 with Progressive Money (£15,000 over 8 years but the interest was extortionate!) and we defaulted after only a few months. After default we agreed to pay token payments and they were happy with these until 2021 when they sold the debt to Perch Capital. We received an email from a company called ACI about the assignment and they wanted to negotiate payments. Because we were and still are in quite a bad way financially, we weren't able to come to a mutually beneficial arrangement so they decided that the best way forward would be to obtain a CCJ and then apply for a charging order so that they could ultimately get their money back when the house was sold if there was sufficient equity. They have promised they have no intention of trying to force a sale of the house but I really don't trust them! Anyway, TM Legal, Perch's solicitors, issued a claim in the County Court in October last year and we have done our best to get through each part of the process as best we can with some advice from another forum. I had forgotten about this forum until a few days ago when trying to research, you gave great advice back in 2015 with another debt
The claim has been allocated to the fast track and the trial is due 12 September. Witness statements have been exchanged and theirs is pretty long and seems very comprehensive.I have attached copies of our witness statements and theirs as well as most of the exhibits. The only tiny piece of hope is that the original creditor, Progressive, did not retain a copy of the executed agreement and have confirmed so in May this year (see their email at exhibit 2). However, up until now, TM Legal have only provided a blank copy of the CCA with no signatures. At exhibit 11, they have provided a "reconstituted copy" with our signatures! This is the first I've seen of anything with our signatures on and it appears pretty dodgy to me as this clearly isn't the executed version. I suspect they have copied and pasted our signatures from somewhere but have no idea where given that they have already admitted the original creditor has no signed copy of the agreement! I am told that TM Legal have a dubious reputation and lifting and pasting signatures on is one of their tricks! I've been advised too that a reconstituted version should not have signatures, only the executed agreement. The final thing to do before trial is put together our skeleton argument and I am trying to get advice as to whether I have any chance at all. Any advice received would be very gratefully received. My hubby and I have been out of our minds with worry for almost a year now and our mental health is terrible. The thought of losing our house is devastating especially as we are vulnerable and suffer with chronic conditions which mean we are not working and living on benefits.
Sorry for the long post and thank you for reading to the end!
Gibson71
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