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I am struggling with help on this issue so hope someone can help/
I have just received the reply from my CPR 31.16 request and am unsure of how to challenge or what letter to send next and who to.
I am hoping someone can help as im panicking due to the time left until it goes to court.
Basically the claim is dated 4/2/10, i extended on line by another 14 days so i am guessing the time is up 5/3/10. I only received their reply yesterday although their letter is dated 23/02/10.
This is what i have received:
1. a copy of the electronic credit agreement i signed on line - Fixed Sum loan agreement regulated by the consumer credit act 1974
2. a default notice that i did not receive (i am not sure how to check it is valid)
3. a Breakdown of how they have calculate the debt:
original loan - £220 interest - £53
issue of DN - £22
Email sent at £5 each - £20
Telephone contact at £5 per time- £50
24% balance interest - £110
Court charges - £35
Total payable - £510
4. confirmation that a deed of assignment or notice of assignment is n.a due to the debt not being transferred.
What you do is defend the whole claim, stating that the emails and telephone charges are extortionate, £5 for a telephone call... come on what salary are they paying the agent who makes these calls? that should be a question they HAVE to answer to justify the charges here...
The two different interest amounts dont make sense, nor does the issue of a DN fee, I think that comes in the OFT guidelines.
Did you pay anything back towards this loan... also I believe this comes under the CCA 1983 amendments.....
Go online and fill in the information, and write to Northampton (I assume it is them) and copy in Tower Capital stating you are defending the claim, and you have rolled over several times.
The wording should be
"I am defending this claim and need it to be transferred to a local court so I can attend in person. I have no legal representation and will therefore be a litigant in person."
Make sure the letters go first class recorded delivery, and that you get the online stuff done asap. I cant help much as I haven't defended anything for ages now, but once you have submitted your defence there is a chance the other side might 'discontinue'.
FAX your details and the letter to Northampton as Tower Capital may be relying on your ignorance in these matters and go for judgement by default.
If you do get a judgement by default letter from the court you can clearly state that you contacted them in the timescale and stated you were defending, so that stuffs Tower Capital.
Are you sure you calculated the dates properly, they don't include weekends and bank holidays.
thanks for the advise. on the letter to the court, do i have to list the reasons why i am defendin gthe claim, if so, are thee templates on the forum?
also, it is Northampton and i have filled in the on line form to extend by 14 days. i didnt realise that weekends were not included so by my caculations, i have until 16th March 2010.
Right, there aren't really any template letters for this sort of thing, so you need to get the defence sorted out. As it is a payday loan and you have rolled it over make a list of the payments you have made, and then READ the online information about getting your defence in. I would do it by Monday to really throw them into a spin, don't leave it unil the last day 'just in case',
I am not about again until later this afternoon when I can give a bit more help. I've never defended a payday loan case but have done plenty of mortgage cases, and a few shortfall cases.
Tower Capital are on distinctly dodgy ground citing their alleged interest rate, that would possibly be clipped by the judge but we have to give him the ammunition - if you can print the details off from the MCOL site and link them here I will see what I can do this afternoon.
i am unable to upload this afternoon as ive left my passwords etc at home, I will post the details over night for you to look at tomorrow if tjhat is ok, i will then get the letters typed, sent and faxed by end of tomorrow.
this is what is on-line, just need some help on the defence letter, cheers.
STATUS OVERVIEW
Please read this page carefully. It will help you decide what to do next. If you do nothing, judgment may be entered against you.
A claim was issued against you on 4 February 2010.
Your Acknowledgment of Service was received by the Court and processed on 17 February 2010.
You have submitted an Acknowledgment of Service using Money Claim Online. You can view, print and save your Acknowledgement of Service and respond to the claim by filing a Defence or Part Admission.
If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service Received on 17 Feb 2010
If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the Defence formIf you admit part of the amount claimed, complete the Admission and the Defence formIf you admit all of the amount claimed and you want time to pay, complete the Admission form
Its up to you, I would fill in a part admission and the defence form, you admit the original amount LESS the rollover fees and see what their response is.
From my understanding this company has only had wins when people havent bothered to contest them. I cant guarantee a win but we can make their life very uncomfortable.
Update/////defence logged as per your advise Sillygirl1. sent letterdetailing all points, low and behold i have hd a voicemail from TC asking for me to call them.Just waiting for the case to be passed local.....will keep this thread updated.
TC might be trying to get you to come to an agreement and they will drop the case, DONT do this cause they might try for a Tomlin Order, (basically it means if they get an arrangement with you and you miss a payment they can go straight back to court and reinstate the claim... )
hi i have recieved a judgement for claimant in default letter from northampton court for tower capital i didnt even recieve the claim form i have been trying the number for 2 days and no one is picking up i have tried to log on but i dnt have a password only the claim number what can i do there saying at bottom of letter they will send baliffs ??
You don't want an experts report at the meeting, this isn't applicable for the type of claim.
Part G gives you a chance to provide background info to your dispute, ie printouts of their website which shows company registration etc and their blurb about how fair their rates are.... you can put N/A here as it isn't relevant unless you need more info...
At least by receiving the N149 they know you have acknowledged and mean to fight, wonder if they will -
Hello yet again guest, why do you keep following this thread and not identifying yourself?
I have had a n24 general form of judgement or order form back stating:
1. POC's do not comply with CPR 16.4 or practise direction of 16pd3
2. unless claimant sends a compehensive POC's in by 18/4 the case will be struck out.
3. because the order has been made by the court without reps from both parties, the partiers can apply to set aside , varied or stayed.
I am as advised sending off a letter asking for set aside and costs - is there any particular wording i should use?
Nice work, looks like they have little ground to bring in a claim so swiftly. Hopefully they will miss the date for giving in their heavily amended POCs which comply with court procedures....
Help with Tower Capital
of how they have calculate the debt:
- £53
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