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General Come here to discuss general issues in the unlawful charging by banks debate.
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Old 21st May 2008, 11:35   #1 (permalink)
df1970
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Default Payday loan company issued a claim against me

I was sent a claim for by a payday loan company with very limited detail.

All the poc said was "mr xyz has failed to honour a short term contract" and that's it.

I sent the letter asking for more info so that I could make a proper defence to the claimant 14 days ago and have had nothing back. I sent a copy to the court and they replied saying thanks for your defence the case has been transferred.

I now have an allocation questionaire to complete.

The letter was not my defence.

Can someone point me in the direction of a defence that I can use in this instance. I have no idea what I am defending and would like the claim struck out as they have not replied to my letter.

Here's a copy of my letter:

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request
made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,
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Old 22nd May 2008, 00:07   #2 (permalink)
steven4064
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Default Re: Payday loan company issued a claim against me

This AQ might be useful to you Clarification re Statute Barred

You may not have submitted a defence as such but you made the point that you cannot defend such a inadequately particularised claim. The claimant has not demonstrated any cause of action - no agreement, no statement of account - but you said that in your letter. The AQ I have referred to asks for essentially the same stuff again.

Alternatively you could phone the court and tell them that the letter wasn't meant to be the defgence and can you submit one. If they say yes, there is a very detailed one of pt2537's you can use.
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