Yes Andy thanks for your help

Thanks all, I think they have asked for the judge to deal in there abscence, I will attend regardless. Do I ask for it to be struck out based on them not complying with the directions or on the fact that there not in attendance, should that turn out to be the case

Hi Andy, I called the court this morning and they confirmed they have not received anything from the claimant, except for a letter stating they will not be attending the hearing. I asked how I could inform the district judge and was told attend the hearing and the judge will decide. However she said I could write a letter if I wanted stating I hadn't received the docs as per judges directions.

Excellent thanks Andy

Yes Andy with the court and claimant on Monday just gone

Quick update, mediation scheduled for the 20th August

Still nothing from the claimant, I'm a little unsure if I should be informing the court, if I use form N224 what is it I'm asking the court to do. If I don't get a copy of the documents or only get them a few days before it isn't giving me anytime to prepare.

And also failure to comply may result in the case having to be adjourned

Directions state each party to deliver to the other and court copies off all documents it intends to rely on no later than 14 days before hearing. The judge may refuse to consider a document or take it in to account if a copy has not been sent to the other party. That's it

Ok thanks I'll give them till Thursday will update the thread again then

Thanks Andy will do, is there a form I fill in to inform the court?

Witness statement filed with the court and copy sent to claimant. I still don't have a copy of there witness statement or documents as per judges directions, today is 14 days prior to hearing

Ok thank you

Ok so if they default on a cca request they can still charge interest etc? The account is not classed as in dispute? And I don't have the right to withhold payments?

Hi all, Preparing my witness statements this week, main defence revolves around non compliance of a CCA request. Am I right in assuming the following. Non compliance puts the account into dispute, I am entitled to withhold payments and the creditor is not permitted to charge interest or add fees during the period of non compliance. As the request is still outstanding the creditor has committed a summary offence? In addition I'm still not convinced the claim has been issued correctly, as 1st stop payday loans no longer trade due to a change of company name. I maintain the debt should of been assigned to the new company and a NOA sent with a claim issued in the correct company name. The default notice for example states it is issued by 1st stop group yet is signed by 1st stop payday loans. Maybe I'm clutching at straws here but just does not sit right with me.

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 All, Defence above now submitted.

Hi All, Quick update notification from the court today, hearing date has been changed. It's now on the 26th August. Will start preparing my witness statement etc next week.

Hi All, Draft defence below, would appreciate any comments or suggestions. 1: It is accepted the Claimant did pay a short term loan into the defendants account on 05/09/2013. 2: It is accepted the repayment due date was 30/09/2013. 3: It is denied that I have failed to meet the repayment terms and conditions. It is denied that the claimant has made proactive written and telephone attempts to communicate with me. It is further denied that resolution, repayment or an acceptable repayment plan has not been reached. The defendant is currently and has made regular monthly payments, for the last 6 months to the claimant. These payments have taken into account the defendants other commitments and have been offered pro-rata. 4: Claimant has failed to adhere to Practice Direction - Pre action Protocol section 7, sub section 7.1(1) therefore not allowing the defendant sufficient time to respond before any claim is issued. It is the defendants belief that this claim has been issued to further increase the alleged debt unnecessarily. 5: It is denied that the defendant is in debt to the value claimed and the Claimant is put to strict proof to: a) Show how the defendant has entered into an agreement with the Claimant and, b) Show how the Claimant has reached the amount claimed for and, c) Show how the breech occurred and how they attempted and resolution. 6: As per civil procedure rule 16.5 (4), it is expected that the Claimant prove the allegation that the money is owed. 7: By reason of the facts and matters set out above, it is denied the Claimant is entitled to the relief claimed, or any relief.

Ah yes in that post I did!!!!!! Ill get my coat!!

Thanks for the reply, I didn't mention anything about the payment amount!! they were happy to accept it and were accepting it until there legal dept said no because I hadn't supplied an income/expenditure form. Don't get me wrong I'm happy to pay back what I owe, I just think it's wrong to take court action when I'm paying what I can afford

Hi All, Here we go again, this time Quid Market. A little bit of background info first, loan taken out September 2013 due for repayment September 2013. Struggled to pay it back and as with all my creditors wrote to them advising them of my situation making an offer of a monthly payment that was affordable. Various emails back and forth, eventually I commence a monthly payment in February of this year. I make the monthly payments, to date I have made 5 monthly payments including one after the claim was issued. During this time i did receive a few emails asking me to pay more and when I was going to clear the account. I replied stating I was paying the most I could. I thought no more of it, I then receive an email from the legal department stating they could no longer accept my payment offer as I had not filled in the Income and expenditure form. I replied stating I had never been asked to fill one in, but I was happy to do so. Two days after replying to the email I receive another from the legal department stating a claim had been issued. details below Issue Date: 20th June 2014 Particulars of claim: Repayment of short term loan paid direct into the defendants bank account on 05/09/2013. Repayment due 30/09/2013, loan not repaid on due date by defendant as per loan agreement. Proactive written and telephone attempts to communicate with defendant has failed to achieve resolution, repayment or acceptable repayment plan. As per our loan agreement a daily rate of interest has been charged since default. Amount Claimed £384.44 + costs of £35.00 Acknowledgement of service filed 3rd July I intend to defend all of this claim. To be honest I was a bit miffed, can't understand why they would issue a claim when I'm making monthly payments, seems a bit naughty to me!

Thanks Andy, i will submit 14 days before. On a different note i also have an outstanding loan with Quidmarket, been paying them every month for the last 5 months £5.00 per month. Today i received an email saying a claim had been issued against me and to expect court papers in the next couple of days. This is despite me paying them every month, there saying im not paying enough. Will start another thread when i get the claim, more grief!!

Hi All, Update: Received a hearing date today, its not until the 12th September, so my plan is to submit my witness statement to the court and claimant 14 days before. Will there be any benefit for me to submit earlier than this? I plan on completing my witness statement and posting it here in the next week or so for comments. Thanks

Hi Andy Working on it and hope to have it all completed by the end of the week. As I haven't heard ref a hearing date yet I figured I have a bit of time.