mikem4491
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Posts posted by mikem4491
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Thanks, it was section G that I was struggling with. I'm working on the basis that there is no case to answer as the claimant cannot provide a signed agreement.
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Next step has arrived and I have to deal with it today (i've been out of the country on business and came home to an allocation questionairre) as its due on 4th March.
Any advice on completing this questionairre?
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What a nightmare. Just been online to enter my defence and the case number and/or password are not recognised. Rang the court and they've told me to enter my defence on the form provided and post it to them!
Just one question, I am disputing the full amount shown on the claim form?
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This is what I have so far, not sure if I have anything else to put about their non compliance.
The first part is admitted with regards to requesting a loan of £xxx which was received into my bank account on the xxx xxxxx 2012 The T&Cs agreed plus interest of £xx.
The second part is denied the Claimant has consistently harassed me via Text/Email and phone calls to my place of Employment causing severe embarrassment and stress.
The third part is denied and it is contended that only one months interest is due,rendering the total default out standing as £xxx.
Any claim to further interest is denied and are subject to the Unfair Terms in Consumer Contracts Act and therefore cannot be disproportionate.
I have tried to negotiate and offered a repayment plan due to sever financial difficulty, the Claimant has failed to acknowledge.
The Claimant has failed to issue a Default Notice or Notice of Default Sums.
It is averred that the claimants stance in this claim is in conflict to the the CCA1974 s.140A and s.140B (Unfair Relation)
In line with the introduction of Consumer Finance Association, the Consumer Credit Trade Association Codes of practice implemented on the 26th November Section 6 the Claimant has failed to adhere to the key proposals.
As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.The Claimant has failed to disclose any documentation to verify its claim.
By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Could I please have some help with my defence? I got a standard one off here but no idea how to work in the none compliance or if its all relevant.
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Royalmail have attempted to deliver a "signed for" letter today - probably hard copies from above.
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What should my defence look like?
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I've been looking on here to understand what I do in case of non compliance - afraid I need more help as its not clear.
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Oooh, not so efficient after all.
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Yes I acknowledged service in 22/1 with intent to defend all of the claim.
Just noticed on her email, there is no attachment.
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Update: According to Royalmail they received my letter on 28th January, making d-day for a response yesterday. I had nothing, then this morning I got this email:
Dear Mr. M
As requested as per your letter received on the 29th January by recorded delivery I have attached your contract including the term and conditions. Below is the statement of your account:
Account # ******Amount
Description
Principal £340.00 Loan amount taken
Interest £110.57 as per your loan agreement against the principal loan amount
Admin Charge £25.00 as per your agreement due to loan becoming outstanding
Daily Interest £275.25 at £3.67 for a period of 74 days as per your agreement
Total £810.82
Your Notice of Default was sent on the 22/11/12 to the address of ************** (We also advised you over SMS which you replied to and advised you would rather go through court as you were unwilling to agree to the original loan charge) you did not inform Quid market of your new address until 05/12/12. I will include a copy to you in the post as well as your contract and terms and conditions. .
Regards
Suzanne
Regards Quid Market
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Recorded delivery it is.
Thanks.
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Awesome thanks, I'll get it out today.
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Sorry I'm new to this and probably asking the obvious questions that have already been answered elsewhere. How do I "get a CPR 31.14 to them" and is "them" the court or quidmarket?
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Hi Andy, That last post confused me too - problem with having a dozen windows open at once while working.
I absolutely want to defend, thats why I asked for advice on how best to go about it. So far I've acknowledged service and typed the particulars of claim on here as you asked.
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Ok here goes:
Repayment of short term loan paid direct into the defendants bank account on 15/08/2012. Repayment due 14/09/2012, 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.
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So quidmarket are based overseas then?
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Firstly its not QQ its quidmarket, don't think they are one and the same.
There have been no DCAs, I've corresponded with quidmarket regularly by email, constantly referring them back to my offer of repayment.
I realise a CCJ not a given but only if I defend it properly, hence my request for help to prepare a proper defence.
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Court papers arrived today, any advice in how bext to defend this?
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The £450 is made up of the principal amount and the interest - all other interest/charges have been dropped. If it goes to court aren't they entitled to at least this amount?
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Whats to be gained by that?
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Just a threat and I thought an empty threat until I'd seen on this site they had followed through on a few people.
They've told me if I agree to pay the £450 they won't go through with a CCJ.
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After a couple of months too-ing a fro-ing with Quidmarket they finally played the CCJ (& AOE) card today. I've been sticking to my guns and offering to payoff the principal amount over 17 months (£340 @ £20/month) Whilst they have been maintaining they can't go below £450.
I've always thought the CCJ was an empty threat but I've read on here that they've carried this through in a number of cases.
Now its come to CCJ time, I'm wondering if I should go for the £450 @ £20/month or wait for the CCJ and defend it. What do I stand to gain if I defend?
Any advice gratefully received.
Quidmarket issue Claimform
in Financial Legal Issues
Posted
It was made online, I never physically signed an agreement.