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Tonster

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Everything posted by Tonster

  1. Hi Andy No joy getting through on the phone to him, have sent e-mail stating I maybe willing to settle as per his proposal in full and final settlement but would like him to draft a tomlin order for my consideration. In the meantime is it worth me checking with the court on the status as I've had nothing from them at all? Tonster
  2. Ok, will do. The claimant seems to be handling the claim, not a solicitor (Legal Manager of SLL Capital) so I will try and speak to him directly.
  3. Hi Andy On reading this again it is a witness statement that they have sent to the court, the offer of settlement comes at the end of the witness statement. I haven't had anything from the court at all yet (apart from receipt of my defence). It is their 'legal manager' who has sent this in (not solicitors) but I will see if I can get hold of them or would I be better to put it in writing? How does the tomlin order work? Does that mean as long as it's paid there is no CCJ similar to mediation arrangement? I guess I should receive an AQ next from the court? Cheers Tonster
  4. Hi Andy No it's at the bottom of the letter they sent to the court (and sent me a copy) in reply to my defence. It's a strange letter to be honest, I mean I'm no expert in court protocol but they have sent a letter to the court in reply to my defence answering each paragraph and adding 'exhibits' which are a few e-mails I had sent them previously, kind of a witness statement/settlement offer/general letter to the court all in one. They've headed it 'statement of the claimant'. They detail the offer and payment schedule and say the offer is made in good faith and is a fair resolution and hope it is received by the defendant as intended. Tonster
  5. Hi Andy the claimant has now sent a letter to the court asking them to proceed and 'responding to my defence' in a letter. Anyway they have at the end proposed a settlement offer which I am happy to accept. Just over £500 vs claim of over £1400. I'm happy with this as the whole dispute was around the ridiculous charges they and the OC had added. I just want to make sure I don't get caught out now so to ensure that correct procedure is followed how should I respond now? They have proposed repayment of the settlement figure over 8 months which is fine by me. Do I reply to them directly accepting their offer and copy in the court? How do I ensure the claim is now discontinued? Thanks for any advice Andy Tonster
  6. Confirmation from Northampton they have received my defence
  7. Hi Andy Cheers, that's noted for any other correspondence, already sent defence recorded delivery today but will follow up to make sure they got it Tonster
  8. No, MCOL issued a password that couldn't be used (nor changed) they told me so had to post it recorded delivery, did that with the AoS and called to confirm they had received it. Deadline is Friday (hence giving today as the deadline to get my defence sorted) Cheers
  9. Okey dokey, will get this off tomorrow first thing, just wanted to double check. Cheers
  10. Hi Andy Thanks for doing this, really appreciate your help. I will add in some details for points 4 and 5. Regarding the comments on the DN, can you take a look at entry 20 where I put a copy of the 'DN' that SLL Capital sent (nothing from the OC), what do you think I should mention in this regard? Cheers Tonster
  11. Hi Andy Yes, there is a little bit more info in the POC's in this letter they sent : 1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed by the Defendant to Claimant pursuant to a fixed-sum loan agreement dated ** January 2012 taken out by the Defendant from Cash Store Limited. 2. By way of a Deed of Assignment entered into between Cash Store Ltd and the Claimant dated ** April 2014 the benefit of the Unsecured Loan and therefore the right to pursue the Defendant for the sums outstanding pursuant to the Unsecured Loan was assigned to the Claimant in accordance with section 136 of the Law Property Act 1925. A copy of the Assignment (in so far as it is relevant to this claim and not subject to confidentiality) will be provided in due course to the Court. 3. Notice of the Assignment was given to the Defendant on ** May 2014 4. The Claimant has tried to mediate with the Defendant to resolve this matter with no avail. 5. Despite numerous requests for payment, the sum of £13**.** inclusive of interest and charges to date remains due and outstanding. AND THE CLAIMANT CLAIMS 1. The sum of £13**.** pursuant to the paragraphs above 2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment. 3. Costs and court fees
  12. Hi Andy It is removed, defence due in 2nd December, any help much appreciated
  13. ere you go in .pdf format Hi Andy I've also added the NoA and the DN (that was only sent by SLL, not the OC) Cheers Tony Any advice on what to put into my defence is greatly appreciated
  14. Hi Andy I had them as .pdf's in the first place and converted them as I couldn't work out how to upload .pdf's as I can only seem to find upload images or videos! How do you upload pdf's? Cheers
  15. Hi Andy So here we go, the reconstituted agreement followed by the original signed one I found last night, as you can see from the limited information they put in the reconstituted agreement they have even got the rate of interest completely wrong. Shall I draft up a proposed defence on the basis that the amount claimed is wrong etc.? I'm not sure how to handle the fact that the recon isn't even a 'true copy'? Do I even mention that at this stage? I guess not?
  16. Hi Andy SLL have responded today with a letter in reply to my CCA request. I will scan up the 'agreement' they have sent when I have access to a scanner tomorrow but the letter they sent states the following : 'Your true copy of a loan agreement is enclosed; please note that it is a reconstituted loan agreement with your name and address and contains the terms and conditions which were contained in the original agreement. We are providing you with a true copy of your loan agreement as the original has been subject to water damage. There is case law Carey v HSBC Bank Plc. which confirms that the term of a 'true copy' can mean a reconstituted loan agreement. I'm pretty sure I have the original agreement somewhere so will see if I can dig it out and compare it with the one they sent today. AoS sent last week so have another two weeks or so to put together my defence.
  17. Okey dokey, will get one sent off today. Assuming it doesn't arrive in time to submit a defence do we then look at a holding defence?
  18. Hi Andy No, not yet, wasn't sure whether to ask for it via CPR or via s77/78? Funnily enough, I'd already read through that thread already Cheers
  19. Ok Andy, here goes, trying to answer all questions as best I can Claimant : SLL Capital Date of issue: 6th Nov 2014 POC's : 1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed under ref **** by the defendant to SLL 2. I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form. AND THE CLAIMANT CLAIMS 1. The sum of £13**.** pursuant to the paragraphs above 2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment. 3. Costs and court fees Payday loan originally taken out with Cash Store sold to SLL Capital Date of loan : 2012 Yes, received a NoA No DN received (payday loan though?) Payments ceased back in 2012 as the rollover interest was astronomic and I had many payday loans and couldn't afford to keep juggling them. The original creditor was offered a repayment of the original £800 loan in instalments (I'd already paid one months interest once) but they refused and sold it on adding additional charges, interest and default sums. I've looked and researched a fair amount on here (for the last few years) but just want to be sure I'm doing the right thing now a claim has been issued. Should I issue a CPR request for the agreement etc. now? I can't do the AoS online as the password won't work so will have to post that in or e-mail as the court advised me today. They can't issue a new password (I'm definitely keying it correctly case sensitive and all that) I'm thinking defence will be incorrect amount claimed due to unfair charges and fees added after the 30 days were up, I'm happy to go to mediation and pay the original loan amount back but not all these fees. Any advice appreciated Andy and anything more I need to add? Cheers Thanks!!
  20. Hi All Received a court claim dated 6th Nov from SLL Capital for a payday loan I initially took out with Cash Store in 2012 for £800, total figure now stands at over £1350 incl fees, interest and charges. POC's are as follows : 1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed under ref **** by the defendant to SLL 2. I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form. AND THE CLAIMANT CLAIMS 1. The sum of £13**.** pursuant to the paragraphs above 2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment. 3. Costs and court fees I have acknowledged service and intend to defend in full based on incorrect amount claimed due to charges/fees added after termination etc. Any more advice would be appreciated, I will look at other defences but any help gratefully received.
  21. I can only tell you what happened to me with mini credit. They are a nightmare to deal with but I got there in the end. They sent continual texts etc with failed debit card fees, defaults etc and a £150 loan ended up at £1204 I offered them loan + 1 months interest =£202.50 but they wouldn't accept. Eventually after 9 months it was passed onto Mackenzie Hall for collection, not sold to them and I stuck to the same line, loan + 1 mths int and they (after several e-mails) accepted that in full and final settlement. They know those debit card fees and default charges wouldn't stand up in court and so try to intimidate. If I was you I'd stick to your guns and you'll get there, it's just hard work.
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