Speedloan claimform **Claim Discontinued - WON!**

[jj69]

Hi fellow caggers...

 

Any assistance with this would be helpful.

 

Got a loan from a company called Speedloan for £600 last year,made payments of £88 until a got in to difficulty and basically stopped paying.Anyway got a claim form from Northampton court dated 28th April basically stating that loan was for 600 have paid 352 and is now in arrears and they are claiming for 704.00 with 60 court costs.

On a side note Chantry who I belive is their legal dept has been sending me letters stating amount owed is £1400.

 

I have not sent off for a CCA from these guys but would like to dispute on the grounds of obscene charges.

 

Would I have enough time if I sent off a CCA request tomorrow ?

Could I defend claiming extra charges ?

If worst comes to worst the most I could pay is about £5 per week due to other financial commitments so would the court enforce this after checking my I&E sheet ?

Or is there a better route to go down for these muppets ?

[42man]

Have they actually issued court papers as yet ?

 

Do you have a statement of all their charges ?

[jj69]

Have they actually issued court papers as yet ?

 

Do you have a statement of all their charges ?

 

I have a blue form stamped Northampton county court with details of the loan.

Also as part of the form is an income/expenditure section and a part asking if I want to defend,part defend,admit the claim etc...

 

No statement of charges which have doubled the actual loan itself.

 

As a side note I have a number of letters from Chantry with this debt showing a completly different amount of £1400 so could I use this to discriminate their case..

 

Or is this a scare tactic ?

 

Is it too late to send them a SAR ?

Edited April 30, 2009 by jj69
adding additional information

[I've got no money]

In that case you need to:-

1. Do CPR 31.14 immediately

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

2. Do DPA request

3. File Acknol of Service with court indicating that you are going to defend all of the claim

4. Post copy of summons, CCA and DN and letters from them

5. When did you get the summons?

[jj69]

In that case you need to:-

1. Do CPR 31.14 immediately

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

2. Do DPA request

3. File Acknol of Service with court indicating that you are going to defend all of the claim

4. Post copy of summons, CCA and DN and letters from them

5. When did you get the summons?

 

Summons dated 28 April got it yesterday in post.

 

Have not got a CCA or DN letter from them,not sent off a CCA request unfortunately.

The account has been with Chantry who after various phone calls refused to except payment plan and kept changing the amount owed on the account ( I have letters from them showing various offer payments etc )

Can I still send off a CCA request or SAR..

[jj69]

Sorry just read the details on the CPR request and if I am right then I need to send them this request and get them to prove the documents exisit is this right ?

Also what timescales apply once this request has been sent to the creditor..?

[42man]

Hi JJ as IGNM has said the CPR needs to be sent ASAP by recorded delivery to the opposing solicitors - may I ask what the POC's are ? (Particulars Of The Claim)

[jj69]

Hi JJ as IGNM has said the CPR needs to be sent ASAP by recorded delivery to the opposing solicitors - may I ask what the POC's are ? (Particulars Of The Claim)

 

Hi...

The claim is as follows :

 

Defendant obtained a loan for £600 7th Jan 08 followed by ref no

 

Loan for 12 months and payments £88

 

Defendant has paid £352 against loan and is in arrears

 

Full balance due is £704 and therefore outstanding and payable immeidatly by defendant

 

This agreement is regulated by consumer credit act 1974 and a default notice has been served on the defendant.

 

Dont remember any default notice but I could have binned it so not sure ?

 

Do I have a good case to defend ?

 

As I said it has been with Chantry for a number of months

[42man]

Send this recorded delivery to the opposing solicitors ASAP...just keep a sharp eye on the timescales......you have to acknowledge the claim within 14 days of the date on the claim form, if you do want to defend, then state defend, then you get a further 14+3 days in which to submit a defence.....but it is too early at this stage to put a defence as they have to address your CPR request....depending on what they send back (if anything) then it can be created around their response/non response - in the meantime spend some time reading around these forums...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

3 the default notice

 

4 the termination notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

[jj69]

Send this recorded delivery to the opposing solicitors ASAP...just keep a sharp eye on the timescales......you have to acknowledge the claim within 14 days of the date on the claim form, if you do want to defend, then state defend, then you get a further 14+3 days in which to submit a defence.....but it is too early at this stage to put a defence as they have to address your CPR request....depending on what they send back (if anything) then it can be created around their response/non response - in the meantime spend some time reading around these forums...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

3 the default notice

 

4 the termination notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

Thanks 42man....is there a legal time limit for when they have to reply to my request ?

 

Also I guess my defence will be non compliance of document request or if they do send any documents will I put that as my defence for the court ?

[jj69]

Just noticed after reading through the court form that I can part dispute the amount owed.

If that is the case I would only owe £250 altogether.

Anybody have any advice regarding this course of action ?

 

If I admitted to the debt but disputed I only owed £250 and the rest was charges would a judge be swayed with this argument ?

Or if a credit agreement turns up will the judge look at the high percentage for missed payments and say fair enough it's in the contract ?

Could I claim that the creditors refusal to reduce payments for a short time contributed to the arrears ?

 

 

Has anybody else manged to file this defence and win,especially against speedloan ?

[I've got no money]

Just noticed after reading through the court form that I can part dispute the amount owed.

If that is the case I would only owe £250 altogether.

Anybody have any advice regarding this course of action ?

 

If I admitted to the debt but disputed I only owed £250 and the rest was charges would a judge be swayed with this argument ?

Or if a credit agreement turns up will the judge look at the high percentage for missed payments and say fair enough it's in the contract ?

Could I claim that the creditors refusal to reduce payments for a short time contributed to the arrears ?

 

 

Has anybody else manged to file this defence and win,especially against speedloan ?

 

1. They should reply to the CPR 31.14 request within 7 days of receipt - if they don't you need to tell us and we'll tell you what to do next

2. At this stage I would dispute ALL of the debt - lets check to see if the agreement is enforceable or not

3. If you later decide that you want to admit liability for the £250 you can then do a CPR Part 36 Offer

 

PART 36 - OFFERS TO SETTLE - Ministry of Justice

 

but we can look at that nearer the time - at this stage I'd take it it by bit - lets get all the info first

 

As far as Speedloan are concerned - I've never come across them before

[jj69]

1. They should reply to the CPR 31.14 request within 7 days of receipt - if they don't you need to tell us and we'll tell you what to do next

2. At this stage I would dispute ALL of the debt - lets check to see if the agreement is enforceable or not

3. If you later decide that you want to admit liability for the £250 you can then do a CPR Part 36 Offer

 

PART 36 - OFFERS TO SETTLE - Ministry of Justice

 

but we can look at that nearer the time - at this stage I'd take it it by bit - lets get all the info first

 

As far as Speedloan are concerned - I've never come across them before

 

 

Excellent thanks for that info..I was worried that I could not claim only part of the debt once I disputed all of it first.

If I send the form today (rec del ) will I take the start date from Tuesday 5th what with a bank holiday in place ?

 

Speed loan was a small loan I got out (stupidly ) last year when I needed to make a mortgage payment and was having payment difficulties.

It was done via one of those small western union offices you get dotted about.

Come to think of it there were no credit checks or anything I just signed a document and was handed the money at that local office.

[42man]

You can dispute part of it but if you do you would still get a CCJ...

[jj69]

You can dispute part of it but if you do you would still get a CCJ...

 

 

Ahhhh the fly in the ointment...well my credit record is pretty shot but would like to aviod a CCJ if possible

I suspose if I fail to prove the documents are not correct I will also get a CCJ plus court costs.

On the other hand with my income and expenditure I only have about £5 spare once I pay all my other creditors so would the court award this as payment towards the debt ?

 

What days would I class as the seven days for the relevant forms to be sent to myself.

I have posted the CPR31.14 today first class rec delivery..

 

Turns out Speedloan is in fact Abarmarble & Bond...once the lady in the Post Office searched their post code...

Will be searching the forums on these jokers..

[I've got no money]

Ahhhh the fly in the ointment...well my credit record is pretty shot but would like to aviod a CCJ if possible

I suspose if I fail to prove the documents are not correct I will also get a CCJ plus court costs.

 

Not necessariliy you might be able to negotiate a Tomlin Order but we need to look at all the docs first...

 

Turns out Speedloan is in fact Abarmarble & Bond...once the lady in the Post Office searched their post code...

 

Are they the Pawnbrokers...

Will be searching the forums on these jokers..

 

Let us know what happens in a week - if you get a reply to your CPR 31.14 request

[42man]

In answer to your post 15, yes a court will only order what you can afford....

[jj69]

In answer to your post 15, yes a court will only order what you can afford....

 

Not a pawnbrokers but some small finance company in Wakefield giving out small unsecured no credit check loans to pay back on a weekly or monthly basis.

Google speedloan finance you'll be impressed with their outstanding website...lol

 

What is a Tomlin order ?

 

Also regarding my court papers that are dated 28 April will the 14 day limit be due on May11th ( I am including the actual 28th as a day and also weekends)

[I've got no money]

Not a pawnbrokers but some small finance company in Wakefield giving out small unsecured no credit check loans to pay back on a weekly or monthly basis.

Google speedloan finance you'll be impressed with their outstanding website...lol

 

What is a Tomlin order ?

 

Also regarding my court papers that are dated 28 April will the 14 day limit be due on May11th ( I am including the actual 28th as a day and also weekends)

 

14 days for the Acknowl of Service you then have another couple of weeks to file a proper defence - yes bank holidays and weekends count

 

A Tomlin Order is an agreed Order that you will pay a fixed sum every month but it doesn't (providing you comply with it) result in a CCJ. The Order provides that if you don't pay as agreed that they can register a CCJ immediately

[jj69]

14 days for the Acknowl of Service you then have another couple of weeks to file a proper defence - yes bank holidays and weekends count

 

A Tomlin Order is an agreed Order that you will pay a fixed sum every month but it doesn't (providing you comply with it) result in a CCJ. The Order provides that if you don't pay as agreed that they can register a CCJ immediately

 

I like the sound of the tomlin order.Is that something you request to the court at a hearing.

Also I assume the fixed sum is based on the ability of what you can pay..

[I've got no money]

No a Tomlin Order is something that you negotiate with the other side - the court can't impose one - it avoids costs - here there might be scope because as a small claim they won't recover their costs BUT initially you need to file your AoS and proceed on the basis that it is gonna be a trial.

[jj69]

No a Tomlin Order is something that you negotiate with the other side - the court can't impose one - it avoids costs - here there might be scope because as a small claim they won't recover their costs BUT initially you need to file your AoS and proceed on the basis that it is gonna be a trial.

 

 

Sorry but what is an AOS ? and are you saying this can be negotiated before any court action ?

[jj69]

So can I suggest a tomlin order to the claimant before any court action ? is that how it works ?

[I've got no money]

When you received the summons you would also have received a response pack - which would have included a defence form and an acknoledgment of service form (AoS). You need to return the AoS indicating that you intend to defend the case.

 

In terms of a Tomlin Order - any negoitiation needs to be conducted on a "Without Prejudice" basis - all of your letters - don't do telephone negotiations - need to have "Without Prejudice" on them.

 

You can suggest a Tomlin Order at any point BUT I would suggest that you file your AoS saying that you are going to dispute all of the claim first. In suggesting a Tomlin Order you need to have worked out exactly how much you can afford to pay - if you end up with an agreement AND you default you end up with a CCJ

 

The way you usually do it is do a letter, marked Without Predjudice, telling them that you propose that the case is settled on the on the basis of the attached Tomlin Order - you then attach a draft Tomlin Order which incorporates the amount and the monthly payment

[jj69]

When you received the summons you would also have received a response pack - which would have included a defence form and an acknoledgment of service form (AoS). You need to return the AoS indicating that you intend to defend the case.

 

In terms of a Tomlin Order - any negoitiation needs to be conducted on a "Without Prejudice" basis - all of your letters - don't do telephone negotiations - need to have "Without Prejudice" on them.

 

You can suggest a Tomlin Order at any point BUT I would suggest that you file your AoS saying that you are going to dispute all of the claim first. In suggesting a Tomlin Order you need to have worked out exactly how much you can afford to pay - if you end up with an agreement AND you default you end up with a CCJ

 

The way you usually do it is do a letter, marked Without Predjudice, telling them that you propose that the case is settled on the on the basis of the attached Tomlin Order - you then attach a draft Tomlin Order which incorporates the amount and the monthly payment

 

Thanks for exlaining the AOS...

So at any point up to the court case you can drsft a Tomlin letter or is there a deadline to this ?

 

When you recommend a pyment amount can you also stipulate you only want to pay what should be owed or would these agreement be for the amount that the creditor is claiming for ?