Caesar UE Diary

[Caesar]

Hello Warwick65

I've sent the s77 and cpr 31.14 request and also filed a defence. They haven't complied with my request, the only thing I got back was a copy of the original credit agreement served by email.

One month ago they sent email to the court and also to me that they want to proceed with the claim but I haven't received any DQ by post or on mcol site. And recently another email only for me this time, the court was not included in cc, in response to my defence. They can't share with me some of the documents requested because there are private but they attached Default Notice, Notice of Assignment and Notice of Sums in Arrears. And in the end the invited me to withdraw the defence and contact them to discuss options of repayment. Is this correct what they are doing?

In the eventuality that the claim will stay, and they want to lift the stay, I guess there is a fee for that. Can they add the fee on top of the claim in the situation they win?

[Warwick65]

Hi Caesar

Any updates on all this

I am assuming you sent a cca request, a cpr 31.14 request and filed a defence.

Assuming you filed everything at the last minute and allowing for post and service time, you should be receiving a DQ any time soon. Sadly having said that I imagine the court service is running on reduced staffing levels so if they sent the DQ back to the court by post, it might take them some time to get one sent out.

Any updates would be good to hear- and also good for other members to see how he process goes.

[Caesar]

Email sent to Di. Thank you all for help.

[Warwick65]

Try not to panic. What is the date on the claim form? You have 19 days from that date to respond which means logging on and acknowledging the claim. Then you have another 14 days to submit a defence.

I am not sure if I’ve said anything to you about service by post for default notices but I may have been wrong although possibly no harm in adding it in.

There are still lots of options even if you feel there is no hope of defending.

[The Tech Clerk]

Speak to:-
di@joannaconnollysolicitors.co.uk

or by telephoning

0330 053 9340.

Our initial advice is always free.

[The Tech Clerk]

Diana Mayhew

[nightwatch]

Morning.

don't panic, I am sure Di will be along later to help.

[Caesar]

11. Uncle Buck payday loan

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £500
• Date last paid (2016)
• Arrangement: not paying
• Status (default)
• Account owner (new owner Perch Capital)

June 2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations. Now I have 2 accounts with Asset.
I had a payment plan with Uncle Buck which I stopped it when I complained to FOS. My complaint was rejected but I haven't restarted the payment?
Sept 2018 Letter of Assignment from Asset sent again
Sept 2018 Letter of Claim from TM Legal Services regarding this debt
Oct 2018 CCA request to Asset Collections
Oct 2018 GDPR (SAR) request to original creditor Uncle Buck
Oct 2018 Received email from TM Legal Services my requested credit agreement
Oct 2018 GDPR (SAR) received from Uncle Buck but no Default Notice or Assignment Letter on it.
Oct 2018 replied to Letter of Claim and denied the debts. I have requested the Default Notice
Oct 2018. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
March 2019 a new Letter of Claim from TM Legal Services
March 2019. Replied to LoC and requested one more time Notice of Default. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.
January 2020 Default notice (served by email) issued by TMLS on behalf of ACI who is acting for Perch Capital, the legal owner of the debt.

I've just received a Claim Form from Northampton County Court Business Centre. The claimant si Perch Capital Limited. I have 14 days to reply to the claim. Can someone help me with this?

[Caesar]

What clause did you break, how much do you have to pay ?
What are the names and addresses on the top of the DN
How long does it give you to remedy the breach , does it just say in 18 days or does it give a date?

What happens if you do fix it, what happens if you don’t?

Were there any other attachments to the email?

I have to pay around £500. They said I have failed to keep to the terms of the agreement.

[Warwick65]

As far as I know one company can not issue a DN for another- Mercer’s caused bother for Barclaycard

As I have posted elsewhere on here but not sure where, a DN has to be served by post or so I think.

Also the wording has to be very specific but without seeing it I couldn’t even comment.

What clause did you break, how much do you have to pay ?
What are the names and addresses on the top of the DN
How long does it give you to remedy the breach , does it just say in 18 days or does it give a date?

What happens if you do fix it, what happens if you don’t?

Were there any other attachments to the email?


See it’s a minefield

[Caesar]

No it’s not normal but I’d it a notice of default or a Default Notice. They are different things entirely.

Dies it mention being served under S87(1) and does it give you a time scale to remedy it

Hi Warwick65 . Thanks for reply.

The title of the email says: ,,Notice of Default''

And later on in the email I can see this: ,,This is a default notice served on you under Section 87(1) of the Consumer Credit Act 1974 because you have failed to keep to the terms of the agreement.'' And at the end they gave me a time scale to remedy it.

So, is this a notice of default?

I am still a novice but another thing that I consider odd, is one company to send notice of default in behalf of other company. Please correct me if I am wrong.

[Warwick65]

No it’s not normal but I’d it a notice of default or a Default Notice. They are different things entirely.

Dies it mention being served under S87(1) and does it give you a time scale to remedy it

[Caesar]

P
Selling whilst in dispute doesn't change the absence of a Notice Of Default!

Thanks Roger

One more question.
I've received Notice of Default served by email and being issued by TMLS on behalf of ACI acting for Perch Capital, the legal owner of the debt. It is obvious that this 3 companies are actually one.

Is this something normal? To send DN after almost 4 years and debt was sold two times?

[Roger]

Perch Capital Limited
https://beta.companieshouse.gov.uk/company/11207867
Previous Company Name: TM ASSETCO LIMITED

Creating an Assignment Chain (selling from one Co to another) could prove a problem for them!
Selling whilst in dispute doesn't change the absence of a Notice Of Default!

[Caesar]

11. Uncle Buck payday loan

• Type of account (payday loan)
• Date commenced (2016)
• Approx balance £500
• Date last paid (2016)
• Arrangement: not paying
• Status (default)
• Account owner (Asset Collections and Investigations)

June 2018 Email from Uncle Buck that they have assigned my account to Asset Collections and Investigations. Now I have 2 accounts with Asset.
I had a payment plan with Uncle Buck which I stopped it when I complained to FOS. My complaint was rejected but I haven't restarted the payment?
Sept 2018 Letter of Assignment from Asset sent again
Sept 2018 Letter of Claim from TM Legal Services regarding this debt
Oct 2018 CCA request to Asset Collections
Oct 2018 GDPR (SAR) request to original creditor Uncle Buck
Oct 2018 Received email from TM Legal Services my requested credit agreement
Oct 2018 GDPR (SAR) received from Uncle Buck but no Default Notice or Assignment Letter on it.
Oct 2018 replied to Letter of Claim and denied the debts. I have requested the Default Notice
Oct 2018. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
March 2019 a new Letter of Claim from TM Legal Services
March 2019. Replied to LoC and requested one more time Notice of Default. Email from TM Legal :,,Thank you for your response to our letter of claim. Unfortunately we are not supplied information regarding how and when the Default Notice is served. You can request this information directly from Uncle Buck''
Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.

Sept 2019. Email from TM Legal Services: Asset Collections sold my account to Perch Capital Limited. Perch Capital appointed ACI and ACI have instructed TM Legal to continue to manage my account.

Can someone explain me if this is correct? No letter or email from the owner of the debt telling me that they sold the account.

And why are they doing like this? I've googled about Perch Capital and no info, just they have same address as TM Legal.