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Letter before claim

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  • Letter before claim

    So 2 weeks ago I received an email from TM legal saying they had sent me a letter before claim and I needed to reply in 30 days. 2 weeks later no letter or reply pack received. I replied to the email last week informing them that I have not received the reply pack and requested they resend it. A week later and still no letter. I then sent a recorded delivery letter ( stating I am not admitting liability but requesting again a copy of the letter before claim in order to be able to reply in the requested time, also asking for all correspondence to be via letter.
    Having read things about TM Legal this appears to be a common theme and they are likely to go straight for a ccj. I plan to defend this as statute barred as last payment to the debt was in 2016 and the default they sent me was also dec 2016 although they didnt add it to my credit file until dec 2017. I can see it on my report but will actually drop off beginning of dec.
    Hope I have done the right thing as want to avoid a ccj at all costs, if they do push for ccj could I also defend this as they haven't followed the correct procedure?
    Tags: None

  • #2
    Originally posted by Pauline2023 View Post
    So 2 weeks ago I received an email from TM legal saying they had sent me a letter before claim and I needed to reply in 30 days. 2 weeks later no letter or reply pack received. I replied to the email last week informing them that I have not received the reply pack and requested they resend it. A week later and still no letter. I then sent a recorded delivery letter ( stating I am not admitting liability but requesting again a copy of the letter before claim in order to be able to reply in the requested time, also asking for all correspondence to be via letter.
    Having read things about TM Legal this appears to be a common theme and they are likely to go straight for a ccj. I plan to defend this as statute barred as last payment to the debt was in 2016 and the default they sent me was also dec 2016 although they didnt add it to my credit file until dec 2017. I can see it on my report but will actually drop off beginning of dec.
    Hope I have done the right thing as want to avoid a ccj at all costs, if they do push for ccj could I also defend this as they haven't followed the correct procedure?
    'Having read things about TM Legal this appears to be a common theme and they are likely to go straight for a ccj.'

    They can't go for a CCJ, there is a process to be followed:-


    Letter Before Action

    Court Claim Issued

    Defence

    Directions Questionnaire

    Witness Statement

    Hearing

    Judgement

    The only way you get a CCJ is if you ignore the Judgement, but again you can challenge the CCJ, so you are a long way from one.

    Update when they respond.

    Comment


    • #3
      so update I sent a letter to Tm legal by signed for post with a copy of the email they sent me, so I explained that I haven’t received the pre court action letter or reply pack only the email and in order for me to reply within the specified time could they resend it via post and confirmed my address. Two weeks later still No reply or pre court action received. I also requested all correspondence be sent by post not email.
      Today another email telling me they will proceed with court action blah blah
      clearly they haven’t followed the correct action should they try and go for a ccj which I would defend as the debt is statute barred which I have also informed them by post and email and they haven’t followed the correct procedures re pre court action letter. They registered the default a year later than it should, all of which I have proof off. The later incorrect default will drop of my credit file in 10 days time. I have also reported the wrong default date with equfax also
      do I need to do anything else at this stage ? should I write again saying no pre court action letter received , ignoring my request for post correspondence, confirm again it’s statute barred ( by correct default dec 2016 )
      or just ignore unless it’s a ccj claim form of course
      thank you

      Comment


      • #4
        Originally posted by Pauline2023 View Post
        so update I sent a letter to Tm legal by signed for post with a copy of the email they sent me, so I explained that I haven’t received the pre court action letter or reply pack only the email and in order for me to reply within the specified time could they resend it via post and confirmed my address. Two weeks later still No reply or pre court action received. I also requested all correspondence be sent by post not email.
        Today another email telling me they will proceed with court action blah blah
        clearly they haven’t followed the correct action should they try and go for a ccj which I would defend as the debt is statute barred which I have also informed them by post and email and they haven’t followed the correct procedures re pre court action letter. They registered the default a year later than it should, all of which I have proof off. The later incorrect default will drop of my credit file in 10 days time. I have also reported the wrong default date with equfax also
        do I need to do anything else at this stage ? should I write again saying no pre court action letter received , ignoring my request for post correspondence, confirm again it’s statute barred ( by correct default dec 2016 )
        or just ignore unless it’s a ccj claim form of course
        thank you
        Lodge a Formal Complaint, on your letter write 'Formal Letter of Complaint'. Follow their complaints procedure, explain that you are sending them correspondence but they aren't responding to your correspondence, they persist in sending generic / template responses, tell them if they fail to respond you with lodge a Formal Complaint to the SRA. Make sure you get Proof of Postage.

        https://www.tm-legalservices.co.uk/complaints

        Post 2, there are processes they need to follow before they can get a CCJ, Stop concentrating on the CCJ.

        Comment

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