Hi

Today I have received court papers from Northampton regarding a loan I had with 1st stop.

The loan started off as a payday loan for 300 pounds which I had to keep rolling over as my circumstances changed

and I rolled over to the max times where

they then offered me a 500 pound installment loan to pay off the payday loan

and give me some money which didn't help at all as the interest was higher so

I defaulted on that too and

sent many a letter to them with no response also

I spoke to them on the phone and was virtually bullied and called a liar so I hung up and left it there.

The pocs are as follows

- agreed to the lend the defendant 300.00 on the 15th October 2013.

The defendant agreed to repay the instalment loan over a 6 month period,

the defendant has failed to meet the repayment of the loan despite many attempts to resolves this.

Now I have written to them though they deny ever receiving anything and also the pocs are wrong

as the loan amount in the end was 500 not 300 as the original payday loan was.

Also I fail to see how they have come up with the amount owed which is showing as over 1300 now

please can someone advise me what to do with this so I can reply to the court please

Thanks in advance

Hello there.

I'll move this to the legal forum so the guys there can help you.

HB

Thank you

please fill this out

and paste it back here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

1ST Stop Payday Loans

Date of issue – 14th July 2014

What is the claim for – 1st stop payday loans ltd - agreed to lend the defendant #300.00 on 15th october 2013. The defendant agreed to repay the instalment loan over a 6 month period. The defendant has failed to meet the repayment of the loan despite many attempts to resolve this.

What is the value of the claim? £1400 inc court costs of £70 (amount has been rounded)

Is the claim for a current or credit/loan account or mobile phone account? Instalment loan

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments:- I had a payday loan with these i could not afford to pay off and was rolling over and hit max amount of roll-overs - so they gave me an instalment loan with higher unaffordable payments to clear the payday loan debt

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? I attempted to by phone but was not helped basicly called a liar

I did speak to these on the phone a few times to advise i was not in a postion to pay off the instalments

and looked for a better repayment plan i could afford

was bullied into agreeing payments i could not make hence no payments being made and my head being buried in the sand.

I sent numerous letters that they say they never received.

1st stop never used a debt collection agency to try and get payment

and have gone straight to the court

is this allowed?

Can anyone help, I am running out of time???

time - you've 33 days.

BUT have you ack'd the service on line at MCOL

dx

Not yet i need to do that now. Thanks

create a log in on MCOL first

note the pop up number

then log in

click AOS

pt in the required Claimform details

tick defend all

exit Mcol

dx

Hi thanks for the reply I have done this what do I need to do next thanks

Sit back, be patient, have a read of the forum and send off the appropriate requests.

And keep your eye on your defence due date.

Regards

Andy

Thanks for the replies guys, I will keep an eye on it, I could not acknowledge though as mcol keeps saying incorrect claim id or password so i am going to have to ring them tomorrow to try and get that sorted.

I thought you had already AOS'd?

Sorry i have acknowledged it,

I was supposed to put log in not acknowledge,

As Andy said to keep an eye on the defence due date,

so was trying to check that.

also while i think of it

do i need to sar or anything 1st stop

as i have no paperwork from them what so ever regarding the original loan etc

midnight Friday 15th file defence by

have you sent of a CCA request

and a CPR 31:14

dx

Have you requested a copy of the Agreement using section 77/78 request (CCA) and have you done a CPR 31.14 request?

You can check the date of defence from your claim form...date of issue (day 1) count 33 days..thats your defence date.

Regards

Andy

Oops sorry DX duplicate post.

no my bad shouldn't take so long to count 33

but the mrs was out the room so ran out of fingers...

No not yet, I will get that sorted today and send it out recorded delivery.

Do I need to put in a fee for those requests?

Thanks

blank £1 PO with the CCA request

do not sign either letter

dx

Make sure you put your name and address on the back of the PO and write "fee for CCA request only" then take a photocopy of the back and front of the PO before posting (just in case someone takes the £1 as a payment towards the account as has happened before)

Is there a letter template to use for the cpr request, i have found a cca one but not the other one, Thanks

Its in the legal Library...make sure you use the one for credit cards not current accounts.

Hi Mightyroyals

Going through the wars with 1st stop currently and I'm now only a few weeks away from a court hearing. My post is in the payday loans litigation section if your interested.

http://www.consumeractiongroup.co.uk/forum/showthread.php?416737-Help-please-court-claim-1st-Stop-PayDay-issued-against-me/page4

Hi Chrismk

Thanks i will have a look now and follow Please keep me updated with how you get on.