TM Legal help please

[Pauline2023]

I will try to keep this brief so took out an unsecured loan in April 2016 which quickly fell in to arrears with last payment Aug 2016.
I had a few emails from the company but to be honest very little contact. Being stupid back them I just ignored everything.
fast forward to last year and TM legal start contacting me a lot
having worked hard to pay off all my debts over the last few years and this one had even dropped off my credit file too last year.
Having checked my credit file a default was registered in dec 2017 some 18 months after I fell in to arrears so this was incorrect date should of been dec 2016 although never actually received a default anyway as it’s now dropped off I didn’t worry.
I replied to TM legal multiple times saying statue barred
using one of the template letters. All ignored. CCA request sent and original agreement received but nothing else, just confirming last payment Aug 2016 so great confirming statute barred
They then email in October 2023 saying it was a letter of claim ? No actual letter or response pack, so again I reply but I send by recorded delivery statue barred letter and requested a response pack as they didn’t send one again ignored
Then this week an actual letter of claim arrives with pack so I r will reply statute barred and dates of last payment and default date
i also log a formal complaint almost instantly I start
getting a number of emails saying there was a payment in 2019 and I contacted them in 2018 to log a affordability complaint. I don’t recall any payment and nothing on my bank statements but I do remember an affordability complant which they said I could afford the loan despite have many defaults at the time on my credit file
they have never provided evidence of this though despite many requests from me
Today they are threatening bailiffs as my account is no longer on hold although they never said it was on hold yet I’m still within the 30 day letter of claim which I am posting signed for today as only got it last week
What do I do ?? I really don’t want a CCJ I have a good credit score now which has taken years to get
It seems like they are not following the correct procedure
do they have to provide evidence of the payment in 2019 and my complaint to take it to court ?
thank you if any one can help

[echat11]

a) First Acknowledge Service of 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 the original creditorthey 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 the Claimant they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to the solicitors, 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. If you can post on the thread 5 days before it's due we can help with your Defence.

If your not sure ask. make sure the requests go to the right people.

Some of these things you may have done before, make sure you do c and d.