short term finance ltd (notice of court proceedings)

[stevens247]

Hi everyone,

 

I have reiceved a NOTICE OF COURT PROCEEDINGS letter from a company called "short term finance ltd"

the letter is dated 18 june 2009.

 

long story short, i lent some money off them about a year ago a small amount really.

i then lost my job and have been out of work for 5 months now, the only one working is my girlfriend and her money goes on rent and council tax which leaves us with no more than £50 per month for food.

 

this is what the letter says...

 

IMPORTANT- YOU SHOULD READ THIS CARFULLY

 

TERMS OF BREACH - Failed to pay agreed payments set out on agreement

 

ACTION REQUIRED BY CUSTOMER

 

to pay outstanding amount as above(there is no rebate of charges allowable by virtue 95 of the CCA 1974) whithin 10 days of this notice.

 

at the moment we cant afford to pay a anything untill i get back on my feet which i have explained to this company many times.

 

what should i do and would they go ahead with this or are they trying to scare me?

 

wot are my options

 

Thanks

[AndyOrch]

to pay outstanding amount as above(there is no rebate of charges allowable by virtue 95 of the CCA 1974) whithin 10 days of this notice:D

 

Should be 14 and the form and content of the Default Note are not complient.Send off a request for a copy of you CCA1974 templates section letter N. Head it I do not aknowledge any Debt with your Company.Enclose a £1.00 PO print name dont sign and send recorded delivery.

 

Regards

 

Andy

Ps wecome come to Cag Stevens

[stevens247]

hi there Andy,

 

And thanks for the advice.

 

if you dont mind me asking, what will this do to help me as i do not understand any of this.

 

 

 

 

thanks

 

Lee

[AndyOrch]

hi there Andy,

 

And thanks for the advice.

 

if you dont mind me asking, what will this do to help me as i do not understand any of this.

 

You are making a valid legal request for a copy of you Consumer Credit agreement by way of a S77/8 of which they have based their half baked attemp of creating a valid Default Notice.

They have 12+ 2 days in which to supply it or they are then in Default.

if it is supplied we can check it to see i pertains all the prescribed terms.Have aread around cag with regards to the above

 

 

 

 

thanks

 

Lee

 

Regards

 

Andy

Edited June 22, 2009 by Andyorch

[stevens247]

ok great sounds like a plan,

 

just one last thing lol where do i get the template from? im having bit of trouble finding it Andy.

 

Many Thanks

 

Lee

[AndyOrch]

Link to CAG template letters

[stevens247]

Thanks Andy,

 

just ammended the letter accordingly just to be sure it is the s/77?

 

 

 

 

 

 

thanks

 

Lee

[AndyOrch]

Sec 77 loans Sec 78 credit cards

 

Regards

Andy

[sequenci]

Can I just clarify that this agreement was taken out AFTER April '07?

[stevens247]

Hi there,

 

yes ive just checked the date on agreement and its after april 07:)

 

 

 

 

thanks

 

Lee

[AndyOrch]

Your agreement is covered by the CCA 2006 then Lee never the less still request a copy

 

Andy

[stevens247]

ok is that a good thing for me or will it go against me?? im not sure, i will still like you said Andy request a copy though.

 

 

 

 

thanks

 

Lee