Debit Card Loans/Chequebook Loans Ltd claimform - PDL **STRUCKOUT + £200 costs**

[postggj]

They Are Stuffed

Its In The Cca

 

They Are Not Allowed To Do Enforcement Action While In Dispute Of That Request

 

They Are History

[s4ddys]

Should I also mention the dodgy standing order requests they tried to set up on my current account in my defence?

 

Also, should I mention to the FO that they have now summoned me to court??

 

Cheers for all your help

 

They are now trying to take me to court for over £500 for a £160 debt.

 

See thread below for more details:

 

http://www.consumeractiongroup.co.uk/forum/payday-loans/213647-debit-card-loans-taking.html

 

Site team - suggest merging the two threads.

 

Cheers

[loobyloo35]

sub

[postggj]

All You Have To Do Is Send The Cpr Request

 

That Alone Will Show You Mean Biz

 

Balls Back In There Court

[s4ddys]

What if they reply with a Credit Agreement??

[sillygirl1]

We will help you point out the flaws and the unfair terms and conditions. Its quite simple once you have see a few to know what to do.

 

Likelihood is they will 'go to the wire' and make you an offer the day before the court hearing, or ask you to sign a 'Tomlin Order' the day before - this should NEVER be signed as it is very one-sided. If they make you an offer in the courtroom politely say 'Okay as long as the Judge hears it and will ratify it - but otherwise we go in.'

[jaybee24uk]

I received a court summons today for a payday loan company, so i am following this thread with interest, a £100 loan they are now asking for over £400.

[postggj]

which one jaybee

[jaybee24uk]

Tower Capital.

 

Gives no info on the form, just says Default under agreement number..........

 

the amount says £480.

 

No breakdown, doesn't even say on the form what it is for.

 

How does an electronic agreement stand up in court, what to say banks can't just change dates or amount?

[s4ddys]

Just to give an update. I submitted my defence and completed the CPR31.14 and sent it back to them.

 

Had a letter from court yesterday giving them until 30th September 2009 to:

a) file an allocation questionnaire

b) If the claimant fails to comply then the claim shall be struck out and the claimant shall pay the Defendants costs of the claim to be subject of a detailed assessment if not agreed

c) Were the court has made an order under CPR 3.3 (4), a party affected by the order may apply to have it set aisde, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application (CPR 3.3 (5) and (6)).

 

I understand item 1 but got confused at items 2 and 3, could someone please explain??

 

thanks in advance

[postggj]

did debit card loans give you a default notice

 

just seen one and its tosh

 

can you post it up if you did

 

did they default your credit file also

[s4ddys]

Nope, don't think they did

 

Not sure about the credit file, haven't checked, already ruined LOL

 

Can any one help?

[sillygirl1]

What no b) means in plain English is

 

If Debit Card loans do not comply with the courts orders the claim shall be strudk out and YOU can put in a claim for costs against them.

 

C) means that if a judgement by default is entered you have 7 days to enter a defence.

 

Are you sure YOu don't have to file an allocation questionnaire, you being the defendant, unusual for just the claimiant to have to do this.

 

 

Just to give an update. I submitted my defence and completed the CPR31.14 and sent it back to them.

 

Had a letter from court yesterday giving them until 30th September 2009 to:

a) file an allocation questionnaire

b) If the claimant fails to comply then the claim shall be struck out and the claimant shall pay the Defendants costs of the claim to be subject of a detailed assessment if not agreed

c) Were the court has made an order under CPR 3.3 (4), a party affected by the order may apply to have it set aisde, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application (CPR 3.3 (5) and (6)).

 

I understand item 1 but got confused at items 2 and 3, could someone please explain??

 

thanks in advance

[s4ddys]

I have already filed my defence and completed an allocation questionnaire:):):)

[s4ddys]

Well just an update, It looks as if they have completed the allocation questionnaire but have not sent me a copy. I have a court date of 26/11/09 which I intend to attend. They have written a defence saying they will not be attending but have written to me on numerous occasions offering to settle (they haven't) and that they would settle for £200.

 

I have written my defence stating dates I sent CCA and CPR 31.14 and copys of signatures to prove delivered etc. Will this be enough of a defence in itself???

 

Thanks in advance for all your help

[42man]

What was your defence ? And ring the court and ask them to send you a copy....(or pick one up)

[s4ddys]

Please find attached a number of documents I intend to use as evidence.

Please find referenced as below:

 

Item A: Copy of letter to DebitCard Loans (DCL) dated 14th July.

This was in response to their letter dated 8th July 2009

– stating the amount was still outstanding.

 

 

You will note from the letter I still state the account is in dispute and that the debt is unenforceable as they had failed to send me a copy of the credit agreement.

 

Item B:

The original letter sent to me from Barclays with a copy of the standing order mandate which DCL tried to set up on my account.

 

 

You can clearly see the difference where details had been filled out by DCL on top of a photocopied standing order mandate which my signature is clearly photocopied onto.

 

 

There is also a copy of the letter I sent to them requesting an explanation to which I have received no response.

 

 

They also tried to set up the standing order again no less than four times even though I had clearly asked them not too. I also sent a copy of this to the financial ombudsman service.

 

Item C:

A copy of the CPR31.14 request sent to DCL on the 10th August 2009, as well as a proof of delivery for the 11th August 2009 from Royal Mail.

 

 

I have received no reply to this.

I believe that as the company have failed to send me a copy of the agreement and statement of charges within the relevant timescale, the account is unenforceable by law.

 

As stated in item C,

the company have failed to comply with my request.

As a result of this I am applying for an order that the claim be struck out or stayed for non compliance and a summary costs order for my time and effort in responding to this claim.

 

I am writing to you in reference to claim submitted to you by Chequebook Loans, Luton.

 

I am writing to you to object to the claim for the following reasons:

 

· I have written to Chequebook Loans Ltd on numerous occasions regarding sending me a copy of the Credit Agreement and a breakdown of charges.

 

 

The first letter was sent to them on the 18th February 2009, they have yet to respond to any of my letters.·

 

 

I sent a CPR 31.14 request to Chequebook loans on the 10th August 2009.

This was received by them on the 11th August (proof of delivery can be provided), they have yet to respond to my request.·

 

 

I believe this claim should be thrown out as I have repeatedly sent requests for a copy of the credit agreement and a breakdown of the charges to which the company have not replied or acknowleged.

 

 

I have clearly disputed the amount,

however, the company still issued me with a court summons which I believe they should not do as the account is clearly in dispute. ·

 

 

The company stated on their claim form the initial loan was for £160.00 and that there is now £488.00 owed due to charges and interest.

 

 

I believe this is totally unreasonable, making the APR around 2334%.·

I have complained to the financial ombudsman regarding this company who have copies of all correspondence that I have sent to the company including requests for a copy of the credit agreement.·

 

 

Furthermore, I would ask the court to consider awarding me compensation / damages due to the upset and stress this matter has caused me.

 

 

This company has acted outside the law in taking me to court, and have even broken the law in their pursuit of payment, trying to set up fraudulent standing orders on my current account for £200 per month until further notice on no fewer than 4 occasions without my knowledge.

 

 

I only found out as they had sent a photocopied standing order mandate with my signature on which was returned to me by my bank.

 

 

I am not sure where I would stand legally on this but ask you to take this into consideration when making your decision.

 

 

I also estimate I have spent over 10 hours completing documents, sending letters and filling out forms in respect of this company without receiving any correspondence from them.·

 

 

This company have been totally unreasonable, not following FSA regulations while the account was in dispute,and even acting illegally in their pursuit of payment.

I am requesting the court throw out and dismiss the application due to the facts stated above.

 

I received correspondence from the courts stating the company needed to submit the allocation questionnaire no later than the 30th September 2009.

I would appreciate if a copy of this could be sent to me as the company have not sent a copy of this to me.

 

I will be attending on the 26th November 2009 and will be able to provide proof of delivery for the CCA / CPR 31.14 requests, proof of all other correspondence sent to Chequebook Loans with signatures and also proof of the fraudulent transactions which they have tried to set up on my current account.

[42man]

Have you sent this already ?

[s4ddys]

I have yes

 

Bump!

[42man]

I can't really do much else at this stage as you have already submitted a defence and AOS...

 

It's a shame that you didn't mention the default notice aspects too as in this thread here - http://www.consumeractiongroup.co.uk/forum/payday-loans/232167-microlend-claim-form-received.html and some high court case law too..

[ALFIE1978]

HI

Is there an update to this thread.I noticed the court date was set for 26th nov??

[s4ddys]

Well I received a letter on the 25th saying that a judge had reviewed the papers and DCL hadn't even paid the £50.00 fee!

 

It gave them until the 29th to pay the fee and then scheduled a date for January now!!!!

 

Just waiting to hear from the courts for an update.....

[ALFIE1978]

Thanks for the update.

I was thinking I need to get out of the 'trap' with DCloans.

 

Did you at any point offer a payment arrangement or did they ignore and take you to court? -and-

 

Did you write to them before defaulting explaining the sitution.I ask this as some lenders seem more likely to set up a payment arrangement if you contact them before you default and keep in contact?

 

Thanks

[robjam1969]

Hi Alfie

 

They will normally agree monthly payments with you at quite modest amounts. You may need to negotiate though on all the extras they add!!

[42man]

If they fail to pay the fee then have a look here - http://www.consumeractiongroup.co.uk/forum/legal-issues/151102-help-needed-very-tight-4.html#post1709659