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amigo loans claimform - help!


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Hi everyone,

j ust after a bit of advice

 

i have run into a few problems with this company,

they recently rang the guarantor at their place of work,

which i did think was not allowed as they did have two other contact numbers for the person,

 

i did raise a complaint but they said they have done nothing wrong,

i am sure they cant do this,

 

also the payments are meant to be 146 a month

but they randomly took 66 pounds from the guarantors account without permission

which agin as far as i am aware they cant do without permission,

 

can they really do this isnt there a code of practice they have to follow

and they cant just do what they want, can they

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they most certainly cannot contact your guarantor at work

 

and

randomly dip into his bank account

without writing to him first

 

get them money back from his bank via chargeback/cpa cancel

 

and complain to the fca about the phone calls to work

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi trueblue924

Just wondering about the problems with this company.

Are you struggling to pay at the moment because of maybe changes in circumstances.

Why did they contact the guarantor.

Is the person who is guarantor able to make payments if ever you find yourself unable to through any number of reasons.

Maybe their circumstances have changed since the loan was taken out.

Sorry if I appear a bit nosey you do not have to answer.

Just that I am looking carefully at these companies and if you are in any difficulty I will try to help.

If not just thought I would ask.

Keep us updated about any actions you take.

Spotted your post below will take a look in the morning as it is now 11-30PM and time to rest brain cells.

Just been checking out their website and internet reviews they have. And how they say they will deal with matters like yours.

I hope I can sleep tonight and try to relax i fully understand what it is like when circumstances change and you have debt.

Maybe others will help you as well.

And give their views.

Best wishes Tawnyowl.

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yes my circumstances changed a while back and hope to improve again in the up coming months,

 

the person can pay

but i would rather i pay instead of them

and i didnt think it would take this long to get back on my feet to be honest,

 

however they are not very helpful and they do say they can do whatever they like as i do owe the money,

 

now i dont dispute the fact i owe it

i just dont think any company should act like this

and just forget about the laws of the land.

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Sorry to hear that your circumstances changed and I hope things improve for you soon.

I understand that the guarantor can pay if you are struggling to at the moment. Or may do at times. You would pay them back anyway when things get better. Thank goodness for that as if not their credit file would suffer.

But I suppose this will or could create possible strain on perhaps a family member or friends relationship as time moves on.

The 66.00 they took from your guarantors account was this the difference between what you could pay say 80.00 and the 146.00 monthly payment.

As for the telephone calls at work rather annoying for the guarantor.

Before we escalate things was the complaint done by email do you have any records of the complaint.

If by telephone I would advise people to record calls when talking to any company.For possible future reference.

How many of us including myself could kick ourselves after we have been told utter bullxxxt by one of the employees

And said to ourselves later if only I had recorded that. Many days or weeks later.

 

 

Now let us see what the company you are dealing with says how they will deal with things when they go wrong.

First of all let us see before escalating things what they promise.Nearly cast in stone these mate so here and now I present to you direct from their headquarters the 10 commandments, sorry promises.

 

 

Promises to our customers.

http://www.amigoloans.co.uk/our-promise

 

 

Now let us see what could and should have applied to yourself.

 

 

1- We will treat you with respect and courtesy at all times.

 

 

Did they. Can you tell us more if possible. What they said.

 

 

2- We will do everything we can to respect your reasonable requests on how and when you wish to be contacted.

 

 

If you phone them could you tell them not to contact the guarantor at their place of work.

Many advise not to phone to email so you have a record.

Perhaps request to take that number of their records as they already have two other numbers.

 

 

3-We will always attempt to collect from and contact the borrower first before approaching a guarantor for payment. We will continue to make every reasonable attempt to collect from the borrower as long as the account remains in arrears.

 

 

Did they contact you and have a friendly chat perhaps email you.

I also understand at times it is hard to speak to companies sometimes when in trouble.

 

 

4- We recognise that you don't want to be in arrears and we will always work with you to get you back on track as quickly as possible.

 

Have they tried to help you in some way deal with you with forbearance,i hope that is the right word read it recently.

Think it means patience, leniency that kind of thing.

 

 

As for the Guarantor.

1- If we aren't able to take payment from the borrower by these methods we will try and contact them to work out what's gone wrong. We'll always try to collect from the borrower first but if we can't resolve it with them, or if we can't get hold of them for two weeks, we'll contact you to tell you, and then will collect the payment from you.

 

 

Did they contact the guarantor before 66.00 vanished from his account.

Could you ask if relationship is not to strained.

 

 

Like I say before escalating things which is possible just thought maybe I would say a few things maybe try a few things.

 

 

Just as I say been looking into the company.

I like Entrepreneurs and admire them. It is just that some products make me feel there is something of the night about them.

10 million people with no chance of lending off a bank.

One hell of a target market where the possibilities of problems are building. Hopefully we are going to make it fairer for borrowers and guarantors.

That is all. But will talk about that on another thread.

 

 

I do not expect the CEO of the company to be reading this as he is new but very experienced having just come from one of the biggest doorstep lenders in the country.

Which has recently also set up a Guarantor company.What a coincidence.

The founder of the company has decided to chill for a while take time out spend some time with his 5 children. Stepped down but still has a seat on the board.

Likes a bit of Kick Boxing.Fair enough.

Slightly beat you there old boy I mean young man.

Been in with a fighter who fought for the world championship not that I remember much about it.1 round I think.

And am gunning for things to change.

If anyone wonders why old Tawnyowl is up and about half the night I help care for someone and they have become bat like up every 90 mins or thereabouts

 

 

Sorry trueblue924 went slightly off topic.

I will help you anyway I can as you need it. And am usually around sometime during the day or night.

Keep us updated on how things go.

Bye for now. Take care

Tawnyowl

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  • 2 months later...

i took out a loan with amigo loans back in jan and ran into problem in june.

 

i got hit with attachments of earnings for previous council tax from years ago,

and also a tax credit payment from a single claim from 7 years ago which really destroyed me financially.

 

i do feel like they have not given me a fair chance and since raising it with the ombudsman which i have not heard from

but i did say to them i would not discuss payment until i heard back from them,

which may have been wrong but i am at most three months behind with payments,

i cant say for definate as i have not recived a statement since july.

 

if anyone has any advice i would be very grateful

i would like to come to an arangement to pay without getting the guarantor the ccj

as they have tried to help best they can and i feel awful about the whole situation

 

Name of the Claimant ? amigo loans ltd

 

Date of issue – 12/11/2015

 

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

1-the first and second defendants entered into an unsecured loan agreement with the claimant

by way of a credit agreement regulated by the consumer credit act 1974.

the second defnedant entered into the credit agreement on 21 january 2015 as the borrower of a loan in the sum of £3000.00

plus interest charged at a rate of 49.9% apr.

the first defendant signed the credit agreement on the 21 january 2015 and agreed to act as a guarantor for the second defendant

having been advised of their rights and obligations under the agreement.

following confirmation of the acceptance of the agreement by the guarantor,

the loan was paid to the second defnedant via the first defendant in acordance with the claimants terms of business.

both defendants signed consumer credit agreement and were provided with pre- contract information

and copies of the claimants terms and conditions, prior to compliation of the loan

, telephone converstaions were held with both the first and second defendants who confirmed that they understood their agreement

and obligations and confirmed recipt of the terms and pre contract information.

following the completion of the loan, copies of their signed credit agreements and the terms and conditions of the loan

were sent to both defendants along with a confirmation letter.

 

2-the loan was made of the sum £3000.00 plus interest at a rate of 49.9% apr in acordance with the terms of the contrac.

interest due to the loan account under the terms and conditions of the agreement ceased to be charged on 31 oct 2015in

accordance with the claimants business practices

 

3-the claimant has contacted both defendants on numerous occasions by telephone, letter, email and sms

in order to discuss the loan account which has fallen into arrears but no contact with a staisfactory outcome has been established

with either the first or the second defendant.

as stated above, a pre payout call was held woth both parties where they confirmed that they had signed their online agreements.

where this assurances was not true, they are estopped from denying the truth of that statement

or are ratifying the act of a third party authorised to sign as agent on their behalf.

Default notices were sent to both defendants via recorded delivery on the 07/07/2015.

the attempted recovery of the funds above in in accordance with the credit agreement signed by both defendants.

please find the executed credit agreements enclosed.

 

4-the outstanding balance is £3104.18. the claimant further claims interest pursuant to section 69 of the county courts act 1984

at the rate of 8% a year from October 2015 to 02 November 2015 of £2.04 and also interest at the same rate

up to the date of judgment or earlier payment at a daily rate of £0.68

What is the value of the claim?£3104.18

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan

When did you enter into the original agreement before or after 2007?yes jan 2015

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. it is being raised by amigo loans themself

Did you receive a Default Notice from the original creditor? yes on the 7th of july

Why did you cease payments?

financial situation changed and could no longer afford to pay full amount

i did inform them of this on the 27th of the june when i made a part payment of £80

 

What was the date of your last payment?

will have to check as i have not had a statement from them since july

but i am sure it was a part payment of £100 this would have left the account in arrears of around £100

 

Was there a dispute with the original creditor that remains unresolved

?yes i raised a complaint with them about them contacting the guarantor at their place of employment however they just blew it off,

i did send a letter to take the complaint further with the ombudsman around the end of august and have not had a reply

so will send another letter to them but will send it recorded,

i also raise my concerns with them in reguards to the payment as the guarantor was never contacted about

when payments would be taken from her account or her card, they were also missleading her saying the account was two months in arrears

when it never was until spetember time when we made the last part payment, they had recived a monthly payment up until this point

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan?

 

 

yes i made them aware my situation had changed and informed i could pay as much as i could until the situation was rectified,

they wopuld not accept this and wanted me to go through another income and expenditure thing,

at the time i thought the situation would be recified quite quickly, unfortunatley it wasnt and will hopefully be resolved.

 

thanks for any help you can give me. i really do appreciate your help

Edited by Andyorch
Paras
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date on the top right of the claimform please

 

 

have you ack'd the claim on MCOL yet

defend all?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry I missed it off for some reason but it was the 12th

 

 

I have not ack'd it yet

 

 

am I right in thinking I have till the 31st

 

 

if I do it before does my 14 days to submit a defence start from then or is 14 after the 19 days

date on the top right of the claimform please

 

have you ack'd the claim on MCOL yet

defend all?

 

dx

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you have 33 days in total day one being the date of claim

 

19 days inc day one to acknowledge then further 14 to submit defence

but get on and acknowledge and defend all

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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So ack by close of play Monday

 

Def due by 4pm 14th Dec

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is there only one claim number ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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yes the claim number is the same on both court forms.

 

Two claims same claim number 2 defendants..... so you both have to do everything the same/twice.....Acknowledge/Send CPR/CCA/ Defences etc etc....

 

With regards to information gathering read the following link......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

In particular CPR 31.14 and CCA requests

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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i used the template from here

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

to draft up my letter. Thank you to whoever created the template i would of been completlly lost with it.

 

 

[template removed

please as stated on that letter

don't post our templates in the open forum - dx]

 

Sorry about the template, in my letter do i keep all 5 points

and i also leave it how it is where is says

althought your claim is for a sum less than 10000

just remove the [ and ]

sorry for all the questions just want to make sure i do it right and dont balls up,

one last thing do both letters need to be signed or is it ok for it just to have the names on it, as i have to send two of each one for each of us can i post them together or is it best to do this seperatly

 

thanks for all your input so far guys feel a lot better about it all now,

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look at the list of docs in the CPR

then look at their poc

which ones do they refer too

 

 

you can pop the duplicate CPR,s in the same envelope to the sols.

 

 

and the duplicate CCA's in the same env to the claimant

 

 

don't forget

leave the £1PO's BLANK and don't sign ANY letters

 

 

READ THE CPR and CCA letter threads FULLY

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

just an update

had a problem ack online as they had sent bt post

so i have had to scan in and then email accross to the court,

 

 

they received the request for information on the second of decemeber as i was very busy

and that was first date i could sort out postal order etc

 

what do i do now and

how do i form a defence as my defence will need to be in

before they send some of the docs back wont they

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Def due by 4pm 14th Dec

 

 

do will prob be the no paperwork/holding defence

 

 

but wait for andy to comment a while to go yet

 

 

it might not be the best defence in this case

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the forms from them arrived yesterday,

 

so doesnt give me much time to submit a defence,

 

i have no idea what to put on the defence at all.

 

i am so worried i have done something wrong.

i have uploaded the 5 forms that came via standard delivery.

 

please if anyone can help me it would be greatly appreciated

 

as i really need to be sending the defence tonight as i am not around to scan it and email tomorrow.

 

forgot this one as well

Edited by dx100uk
numerous picture merged to one pdf file - dx
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threads merged and tidied

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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