Tm legal letter before action

[Rangy1963]

Received a letter before action from Tm legal regarding a debt that was purchased by perch capital from 118 money.The original creditor 118 money upheld my irresponsible lending claim then sold the remaining balance to perch capital.Are there any thoughts regarding the original credit agreement as to whether this would be enforceable in the county court as I believe the agreement with 118 money admitting irresponsible lending would render any agreement nullified .
Any help would be appreciated.

[echat11]

You can make that argument to the Judge / Court, if they lodge a Court Claim against you.
Then it will be down to the Judge / Court to make a decision.
Have you got the relevant documents? 118 Money, irresponsible lending etc.

[Rangy1963]

You can make that argument to the Judge / Court, if they lodge a Court Claim against you.
Then it will be down to the Judge / Court to make a decision.
Have you got the relevant documents? 118 Money, irresponsible lending etc.

Yes I have a email from 118 saying that they upheld claim and have sent two emails to Tm legal stating this but have had no replies.

[echat11]

Yes I have a email from 118 saying that they upheld claim and have sent two emails to Tm legal stating this but have had no replies.

Await a response, then update the thread.

If they don't respond, lodge a complaint, follow the complaints procedure on their website.

They can't just not respond.

[UGCAIAGG]

What was the outcome?

[Rangy1963]

They have responded saying the hold on the account has passed and threatening legal action ect.

[echat11]

They have responded saying the hold on the account has passed and threatening legal action ect.

Did you lodge a formal complaint as per post No. 4.

[Rangy1963]

Yes they replied by saying 118 had repaid interest and charges on the account and they have bought the remainder and are continuing to adhere to the credit agreement.
I would of thought the agreement would be nullified and not enforceable after 118 had held there hands up to the irresponsible way they gave me account.

[echat11]

Yes they replied by saying 118 had repaid interest and charges on the account and they have bought the remainder and are continuing to adhere to the credit agreement.
I would of thought the agreement would be nullified and not enforceable after 118 had held there hands up to the irresponsible way they gave me account.

You have your Defence (irresponsible lending etc), if they want to look stupid in front of the Judge, so be it. Let them start proceedings i.e. Court Claim.

[Rangy1963]

Just received the court claim from Northampton county court from Tm legal need a little help with this one as stated before this claim is for the remainder of a balance perch capital purchased from 118 money, 118 money upheld a irresponsible lending claim on the account and sold the balance to perch.
I believe the credit agreement would not stand up in court can anyone back this up with the relevant legislation ie under the consumer credit act.
Allso would I use this as my first defence or should I go through the asking for documents first any help would be appreciated.

[echat11]

Copy and paste the following back onto the thread, without personal details.

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:

[Rangy1963]

Received a claim? Yes

Issue Date: 07 August 2024

Have you Acknowledged the Claim?: no

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000). £800

Claimant’s Name: perch capital

Solicitors Firm: Tm legal

Original Creditor: 118 money

Original Debt (eg. Credit card/Loan/Overdraft) : loan

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):The claimant claims payment of an overdue balance in the sum of xxxx incurred by the defendant under a 118 118 money unsecured loan account no xxxxxxxx .The defendant failed to maintain payments in line with the agreement and the account has now matured.The account was then subsequently assigned to the claimant and the defendant has been given notice of the accounts assigned.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not statue barred

List any letters you have sent (eg: CCA/ CPR ): no letters sent

Any Other Information or Background Details: original creditor 118 money upheld irresponsible lending claim, the balance was sold to perch capital.

[echat11]

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to 118 Money, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Perch Capital they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to TM Legal, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form (plus 5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

[Rangy1963]

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to 118 Money, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Perch Capital they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to TM Legal, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form (plus 5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

Hi there I have adapted the defence template as I have had no reply from all requests I have made.I trust when I submit my defence the court will give them time to reply, the only thing I am not sure about is to include in my defence at this stage the irresponsible lending admission by the original creditor 118 money,would I be able to update the defence if they reply back to the court with the documention I have requested .
many thanks

[echat11]

Hi there I have adapted the defence template as I have had no reply from all requests I have made.I trust when I submit my defence the court will give them time to reply, the only thing I am not sure about is to include in my defence at this stage the irresponsible lending admission by the original creditor 118 money,would I be able to update the defence if they reply back to the court with the documention I have requested .
many thanks

Providing mediation is 'unsuccessful', 'irresponsible lending' can be highlighted in your Witness Statement with corresponding evidence.

When you say 'adapted defence', what do you mean?