Hi all

maybe in the same boat as a lot of people who have put their head in the sand

I had a payday loan with Uncle Buck which I did not pay when due on the 30th of January 2015 for £202.43..

I have today received court papers for £391.43 plus the £35 court costs.

Is this legally allowable? Do I have any arguments here or am i up the proverbial without a paddle?

V v limited details in paper form but will scan these and upload when at work on Monday.

are there relevant details I should ask !st Stop and/or Uncle Buck for?

What should I do with the papers recieved from the court?

Any advice appreciated!

thanks

I am amazed a pay day loan company now goes to court

They usually flog the debt to Motormouth

They are not a judges favourite claimant due to unethacal business practices

How was this £391.43 made up

£202.43 seems an odd sum as the original loan amount

Did you do a rollover??

Hello and welcome to CAG.

I've moved your thread to the financial legal forum for further advice. I've left a link for you to follow from the Welcome forum.

Could you have a read of this forum stikky and post up the information requested please? This will help the guys to advise you.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

HB

I am amazed a pay day loan company now goes to court

 

They usually flog the debt to Motormouth

 

They are not a judges favourite claimant due to unethacal business practices

 

How was this £391.43 made up

 

£202.43 seems an odd sum as the original loan amount

 

Did you do a roll over??

How was the 391 made up? One thing I intend to find out . I presume I send an SAR or CCA..but who to?

Claim details , v "brief" shall we say

there was indeed a rollover, 1.

taken out 04/12/14

150.00 credit

total amount payable 22/12 202.43

rolled over 17/12 with due date 30/01 of 202.43

this amount was not paid by myself on this date

it would appear after that the charges/ interest just kept on coming :-S

Complete this first

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

Hello and welcome to CAG.

 

I've moved your thread to the financial legal forum for further advice. I've left a link for you to follow from the Welcome forum.

 

Could you have a read of this forum stikky and post up the information requested please? This will help the guys to advise you.

 

 

 

HB

thanks Honeybee

Name of the Claimant ? 1st stop recoveries Ltd

Date of issue – . 2nd Nov 2015

submit defence = 4th of December?? by 4pm

What is the claim for –

1st stop recoveries claim this amount in respect of an unpaid load funded by Uncle Buck Ltd

The defendant failed to abide by the terms of the contract.

1st Stop recoveries purchased this debt from Uncle Buck

and subsequently sent a notice of assignment to the defendant to advise the defendant

has failed to respond to any correspondance or communciation from the claimant

thus denying the claimant any opportunity in assissting the defendant in attempting to bring the matter to an amicable conclusion

What is the value of the claim? 391.43 + court fee = 426.43

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

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

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. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? from my memory only..no

Did you receive a Default Notice from the original creditor? from my memory only..no

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not a year...yet but no notice

Why did you cease payments? Payment difficulty

What was the date of your last payment? rolled over 17/12/2014

Was there a dispute with the original creditor that remains unresolved? no but unsure why 200 odd has gone to 390!

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

please note the corrected defence filing date

have you ack'd the claim - defend all - on the mcol website yet?

dx

please not the corrected defence filing date

 

have you ack'd the claim - defend all - on the mcol website yet?

 

dx

thanks dx, as of yet no... was planning to before bed tonight. wanted to pick everyones brains here first

get it done no harm in doing it now

defend all

leave juris unticked

and get a CCA request running to the claimant

£1PO leave it blank don't sign anything

and get a CPR 31:14 from the legal section of the library

running to the solicitors named - who are?

Dont get me wrong but couldn't one piece of defense be used, such as the below;

(This loan was taken AFTER the change by the FCA)

Martin Wheatley, the FCA's chief executive officer, said:

 

'I am confident that the new rules strike the right balance for firms and consumers. If the price cap was any lower, then we risk not having a viable market, any higher and there would not be adequate protection for borrowers.

 

'For people who struggle to repay, we believe the new rules will put an end to spiraling payday debts. For most of the borrowers who do pay back their loans on time, the cap on fees and charges represents substantial protections.'

 

The FCA published its proposals for a payday loan price cap in July. The price cap structure and levels remain unchanged following the consultation. These are:

 

Initial cost cap of 0.8% per day - Lowers the cost for most borrowers. For all high-cost short-term credit loans, interest and fees must not exceed 0.8% per day of the amount borrowed.

Fixed default fees capped at £15 - Protects borrowers struggling to repay. If borrowers do not repay their loans on time, default charges must not exceed £15. Interest on unpaid balances and default charges must not exceed the initial rate.

Total cost cap of 100% - Protects borrowers from escalating debts. Borrowers must never have to pay back more in fees and interest than the amount borrowed.

From 2 January 2015, no borrower will ever pay back more than twice what they borrowed, and someone taking out a loan for 30 days and repaying on time will not pay more than £24 in fees and charges per £100 borrowed.

 

Now that they have added court fees, It means its taken it above the rules set out by FCA.... Also how much did they charge for the default?

get it done no harm in doing it now

 

 

defend all

leave juris unticked

 

 

and get a CCA request running to the claimant

£1PO leave it blank don't sign anything

 

 

and get a CPR 31:14 from the legal section of the library

running to the solicitors named - who are?

Ok so first part for me as much as anyone else

Ack done on line, disputing all

tonights job is to find the CCA template and send off to 1st Stop

Re comments

and get a CPR 31:14 from the legal section of the library

running to the solicitors named - who are?

what does this mean? sorry I'm being dumb DX

CCA request

Then go get the CPR as advised

That goes to the claimants solicitors...who are?

Dx

CPR means Civil Procedure Rules - i.e. the rules upon which civil claims are based and administered in accordance with. That's my non-expert definition.

31.14 refers to disclosure and inspection of documents - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

The normal advice on here is to make a request you send to the claimant for supply of documents relating to the particulars of the claim. In most of these claims, the claimant won't comply with the request and there is no legal obligation to, but it's useful to refer to the fact you've requested said documents in your defence and also later in your witness statements. It shows the claimant you mean business, but also shows the court that you've made reasonable and proactive attempts to resolve the matter.

Sham

CCA request

 

Then go get the CPR as advised

 

That goes to the claimants solicitors...who are?

 

Dx

DX, no solicitors quoted , only the DCA, First Stop

DX, no solicitors quoted , only the DCA, First Stop

So they are using in house litigation team.. send it to the DCA

So they are using in house litigation team.. send it to the DCA

done

so whats next on the timelines?

done

 

so whats next on the timelines?

Ok, so you have sent away for documents that you need - you have acknowledged the claim online. The next thing will be your defence which you need to submit by 4th December. You have some time in hand so you might want to have a look at other threads and consider what you want to say.

First of all, when you took out the loan did they do any credit checks ? You appear to have rolled the loan over, was this because you were struggling financially at that time ? Did you ask to roll over or did they suggest you rolled over ?

This loan appears to have been taken out after the FCA put in place the new lending criteria. Did they abide by this or have they lent to you irresponsibly ?

I notice you say you didn't communicate that you were struggling financially - how easy does this company make it for people to contact them ?

Ok, so you have sent away for documents that you need - you have acknowledged the claim online. The next thing will be your defence which you need to submit by 4th December. You have some time in hand so you might want to have a look at other threads and consider what you want to say.

 

First of all, when you took out the loan did they do any credit checks ?

how can i check this?

 

You appear to have rolled the loan over, was this because you were struggling financially at that time ? Did you ask to roll over or did they suggest you rolled over ?

i was, it was just before xmas. it was an option within an email from them

 

This loan appears to have been taken out after the FCA put in place the new lending criteria. Did they abide by this or have they lent to you irresponsibly ?

will the above help this?

 

as well as the above, is it legally fair to double the amount?

Dont get me wrong but couldn't one piece of defense be used, such as the below;

 

(This loan was taken AFTER the change by the FCA)

 

 

 

Now that they have added court fees, It means its taken it above the rules set out by FCA.... Also how much did they charge for the default?

Definitely find this interesting, the loan amount which was "rolled over was " £150 so even before court fees its over the 100% I believe

That's before I start looking as whether their lending was "responsible" ( ie Credit checks done etc)

ok so got the documents from 1st stop in the post. Whats the best next step here guys n gals?

thanks

included in this is a notice of

• Notice of assignment ( presume copy of original )
  
• default notice ( oddly some 8 months after the payday loan was due)
  
• 2 statement of accounts, which I don't quite understand both TO the same date but from different dates, with different amounts on them
  
• The agreement from 04/12/2014
  

Have blanked all details ( i think , but mods feel free to shout if I havent).

Anyone free to take a look?

Have just over a week but want to get Ducks lined up for my defense.

thanks all!

Edit..default notice removed..number showing...DX..siteteam

any advice from the wise & wordly would be appreciated!

Have blanked all details ( i think , but mods feel free to shout if I havent).

 

Anyone free to take a look?

 

Have just over a week but want to get Ducks lined up for my defense.

 

thanks all!

 

Edit..default notice removed..number showing...DX..siteteam

Thanks DX, knew I'd miss something :-s

ok so taken out ALL of the details this time ( thanks Dx ) and uploaded the Default notice