Speedloan claimform **Claim Discontinued - WON!**

[jj69]

Just had time to look at your defence jj

 

Working a bit blind on this one as I can't see a POC posted but would make the following comments:

 

1. Does the POC identify the agreement correctly? eg account no, date signed etc.

 

2. Are you maybe going into a little too much detail on your explanation of date on the default notice section jj? There is not a lot of space on that online form.

 

Suggest you could start off the defence like this:

 

 

1. The defendant admits entering into a credit agreement with xxxx on xxx. This agreement was a regulated credit agreement as defined by the Consumer Credit Act 1974.

 

2. The Defendant denies receipt of a default notice & puts the Claimant to strict proof of delivery of such. Section 87 (1) of CCA1974 states:

"Service of a notice on the debtor or hirer in accordance with section 88 (a ´default notice') is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement,

If the Claimant cannot prove service of a default notice, this account has been unlawfully terminated.

 

3. The defendant made a request for a copy of the alleged default notice under CPR 31.14 on xxx & has received a copy notice that the Claimant purports was sent to the Defendant on 15/06/2008. The date stated to rectify the breach was 29/06/08. S88(2) of CCA1974 (amended in 2006) requires that the date specified must not be less than fourteen days after the date of service of the default notice. The dates stated on the notice supplied by the Claimant do not allow for posting time & the default notice is therefore invalid.

 

 

4. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

 

Then in amending your Clause 6/7 suggest this

 

 

6) It is denied that both the alleged contractual interest and the alleged contractual account charges which have been claimed are lawful in that it is averred that not only is there no contractual basis for the sums claimed but also that the sums claimed are, in any event, a disproportionate charge applied for the failure of the Defendant to meet his contractual obligation and thus within the ambit of Schedule 2 (1)(e) of the Unfair Terms in Consumer Contracts Regulations 1999 Regulations and indicative of an unfair term. The Defendant requests that the Claimant produces evidence as to how these charges were calculated & the true & actual costs that the Claimant incurred as a consequence of the Defendant's default or breach of contract.

 

7. The Defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The Defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

 

 

 

Foolishgirl you are a star...that looks just like the defence required..basically the POC states :

Defendant obtained a loan for sum of £600 on 7th jan 2008 then ref number.

Loan for 12 months with repayments of £88

Defendant paid £352 against loan and is in arrears

 

Full bal of £704 is due and payable immed..

Agreement is regulated by 1974 consumer act..

 

The default notice I nvere got,the copy one is incorrect and the amount owed differs each month ( I have three letters from their debt collection dept with amounts from £1100,£1200 and £1400) so not sure if I can use that in my defence..

[foolishgirl]

( I have three letters from their debt collection dept with amounts from £1100,£1200 and £1400) so not sure if I can use that in my defence.

 

No point at the moment - suspect the amounts are different 'cos of charges that you have mentioned. You can bring that up later when you get info under CPR31.14 & et your 2p in in draft directions when allocated to track, witness statement or hearing.

 

 

BTW is this a DCA (without trawling thro' thread)? If so, did you get a NOA & have you asked for it & inspection of Deed of Assignment in CPR request?

[jj69]

BTW is this a DCA (without trawling thro' thread)? If so, did you get a NOA & have you asked for it & inspection of Deed of Assignment in CPR request?

 

No a small loan company,but Chantry I belive are part of their debt collection dept...I have been getting letters from them offering me various payment options...I have scanned one in prev thread but basically said I owed £1400 but special offer today if I paid full amount of £700 (which is what they claim I owe anyway ) then the debt would be wiped clean...surely this is illegal practice claiming I owe double the amount to get me to pay ??

 

Can I submit these docs if it goes to court ?

[jj69]

Actually just checking that doc (scan 5) they start letter with our client..yet their address is the same as Speedloans..so I assume they are part of the same company yet do not state in any letters they are the collections dept for Speedloan..if they do have the debt then no I have not had a Notice of assignment.

To be honest Chantry is like any DCA reported on these forums,refused to listen,would not come to an agreement on repayment plan and asked for rediculous sums that at the time I could not afford.

[jj69]

Just had time to look at your defence jj

 

Working a bit blind on this one as I can't see a POC posted but would make the following comments:

 

1. Does the POC identify the agreement correctly? eg account no, date signed etc.

 

2. Are you maybe going into a little too much detail on your explanation of date on the default notice section jj? There is not a lot of space on that online form.

 

Suggest you could start off the defence like this:

 

 

1. The defendant admits entering into a credit agreement with xxxx on xxx. This agreement was a regulated credit agreement as defined by the Consumer Credit Act 1974.

 

2. The Defendant denies receipt of a default notice & puts the Claimant to strict proof of delivery of such. Section 87 (1) of CCA1974 states:

"Service of a notice on the debtor or hirer in accordance with section 88 (a ´default notice') is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement,

If the Claimant cannot prove service of a default notice, this account has been unlawfully terminated.

 

3. The defendant made a request for a copy of the alleged default notice under CPR 31.14 on xxx & has received a copy notice that the Claimant purports was sent to the Defendant on 15/06/2008. The date stated to rectify the breach was 29/06/08. S88(2) of CCA1974 (amended in 2006) requires that the date specified must not be less than fourteen days after the date of service of the default notice. The dates stated on the notice supplied by the Claimant do not allow for posting time & the default notice is therefore invalid.

 

 

4. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

 

Then in amending your Clause 6/7 suggest this

 

 

6) It is denied that both the alleged contractual interest and the alleged contractual account charges which have been claimed are lawful in that it is averred that not only is there no contractual basis for the sums claimed but also that the sums claimed are, in any event, a disproportionate charge applied for the failure of the Defendant to meet his contractual obligation and thus within the ambit of Schedule 2 (1)(e) of the Unfair Terms in Consumer Contracts Regulations 1999 Regulations and indicative of an unfair term. The Defendant requests that the Claimant produces evidence as to how these charges were calculated & the true & actual costs that the Claimant incurred as a consequence of the Defendant's default or breach of contract.

 

7. The Defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The Defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

 

 

 

 

Foolishgirl...thanks for the input got my defence in and now wait n see..thanks for all your assistance,the same goes to I've got no money as well...nice one..

[foolishgirl]

YW.

Let us know when you get the AQ & if you need any help with it eg. draft directions etc

[jj69]

YW.

Let us know when you get the AQ & if you need any help with it eg. draft directions etc

 

Sorry what is the AQ and what is the timescale for receiving this ?

[foolishgirl]

AQ - Allocation Questionaire. It is used to allocate the claim to a 'track', usually small claims for under £5000, fast track or mutli-track for above that figure & also location of hearing etc. You can also use it to provide addtional info to the court (like draft directions) You have to complete & return to the court, copy to claimant & they are supposed to send you theirs too. When that is returned you will get a hearing date and possibly orders or directions re. supplying docs. that you have to comply with. If you (or the claimant) don't return the AQ, application can be made for judgment or to get the case struck out. So it's very important - don't miss the deadline.

Edited June 2, 2009 by foolishgirl
addition

[jj69]

AQ - Allocation Questionaire. It is used to allocate the claim to a 'track', usually small claims for under £5000, fast track or mutli-track for above that figure & also location of hearing etc. You can also use it to provide addtional info to the court (like draft directions) You have to complete & return to the court, copy to claimant & they are supposed to send you theirs too. When that is returned you will get a hearing date and possibly orders or directions re. supplying docs. that you have to comply with. If you (or the claimant) don't return the AQ, application can be made for judgment or to get the case struck out. So it's very important - don't miss the deadline.

 

Ahh I see...can the court order a judgement towards the claimant at this current stage if they think that my recently submitted defence is not suitable ?

[foolishgirl]

Yes, they could if the Claimant applied for Summary Judgement but the court would have to inform you of an application for SJ & you would have the right (but not very long) to object. As you have put in a reasonable defence, the DJ would have to have really good reasons to allow an SJ.

[jj69]

Yes, they could if the Claimant applied for Summary Judgement but the court would have to inform you of an application for SJ & you would have the right (but not very long) to object. As you have put in a reasonable defence, the DJ would have to have really good reasons to allow an SJ.

 

Ok clear so far,what are the sort of timescales were talking about here in terms of AO , to court etc..?

[foolishgirl]

Depends on the workload of the specified court. Usually the AQ is sent out within days or a couple of weeks of defence being submitted. From AQ to hearing is very individual - can be weeks, can be a few months. As long as you meet the deadlines, you have nothing to worry about.

[jj69]

Depends on the workload of the specified court. Usually the AQ is sent out within days or a couple of weeks of defence being submitted. From AQ to hearing is very individual - can be weeks, can be a few months. As long as you meet the deadlines, you have nothing to worry about.

 

 

A few months ! wow thought it would be turned around in days...well the creditor might actually get in touch first if they have any sense...

Somebody else on the forum mentioned a Tomlin Order, if I decide on this course of action is now the time to start with this ?

[jj69]

AQ - Allocation Questionaire. It is used to allocate the claim to a 'track', usually small claims for under £5000, fast track or mutli-track for above that figure & also location of hearing etc. You can also use it to provide addtional info to the court (like draft directions) You have to complete & return to the court, copy to claimant & they are supposed to send you theirs too. When that is returned you will get a hearing date and possibly orders or directions re. supplying docs. that you have to comply with. If you (or the claimant) don't return the AQ, application can be made for judgment or to get the case struck out. So it's very important - don't miss the deadline.

 

Looks like I have the form sent to me in post will fill in where i can but will shout if i need assitance..thanks

[foolishgirl]

Looks like I have the form sent to me in post will fill in where i can but will shout if i need assitance..thanks

 

Suggest you attach 'draft directions'. Shout if you need help with them.

[foolishgirl]

Somebody else on the forum mentioned a Tomlin Order, if I decide on this course of action is now the time to start with this ?

 

Just so you know jj, a Tomlin order is like a consent order eg. if you don't mark the CCJ against me now, I will promise to pay you £xx per month for xx months but if I default on a payment at any time, the CCJ comes into effect immediately without further application to the court.

 

As you seem to have a good defence at the moment, IMO I would press on with that at the moment & hope to get the whole debt wiped or at the very least, get a judgment just to pay the arrears due at the time of default.

[jj69]

Suggest you attach 'draft directions'. Shout if you need help with them.

 

 

What's the timescale on this AO - ?

[jj69]

Just so you know jj, a Tomlin order is like a consent order eg. if you don't mark the CCJ against me now, I will promise to pay you £xx per month for xx months but if I default on a payment at any time, the CCJ comes into effect immediately without further application to the court.

 

As you seem to have a good defence at the moment, IMO I would press on with that at the moment & hope to get the whole debt wiped or at the very least, get a judgment just to pay the arrears due at the time of default.

 

Due to current financial situation could I ask the court for it to be paid at a lower amount for a slightly longer period if it goes that far..

[foolishgirl]

What's the timescale on this AO - ?

 

It's an AQ & the time you have to send it back should be stated on the form but plan on 14 days max.

[jj69]

It's an AQ & the time you have to send it back should be stated on the form but plan on 14 days max.

 

Should read documentation more...yes 15th is the date to be submitted

[foolishgirl]

OK - so needs posting latest Friday Spec. Del.

 

Do you need help with draft directions? (applies to further info box, think it may be G off the top of my head)

[jj69]

OK - so needs posting latest Friday Spec. Del.

 

Do you need help with draft directions? (applies to further info box, think it may be G off the top of my head)

 

I think I will do so can I give you a shout later today ?

[foolishgirl]

Sure jj. If you can post up your proposals/questions & a draft directions if you can, theh CAGers can give advice.

[jj69]

Sure jj. If you can post up your proposals/questions & a draft directions if you can, theh CAGers can give advice.

 

 

Ok selected mediation,no experts or witnesses required,selected small claims track and ok with my local court.

may need help with other information.

Basically default notice is not correctly served ( due to dates not allowing 14 days)

I also have a few docs showing incorrect amounts owed from their inhouse collections company plus final warning letter , then an offer for half what is owed etc..for example you owe 1400 but pay today and it's 700 which is what is owed anyway surely these tatics are illegal practices ? anyway not sure how to word this correctly without admitting any liability.

 

Just one other thing if I go do the mediation route can this lead to a automatic CCJ ?

[car2403]

Just a point on procedure/formatting of the other information and draft directions.

 

The allocation questionnaire is exactly that - the parties submit one each, then the Court considers those submissions when allocating the claim and issuing directions.

 

What you've stated, above, then is that your suggested directions need to include that the other side submit a fully compliant Default Notice (presumably an agreement, also ) and that they provide documentary evidence to substantiate the amount claimed on the claim form.

 

What you wouldn't do is point out the failings in the documents that you've received

 

Oh, mediation won't result in a CCJ - that can only happen if mediation fails, the hearing goes ahead and you lose