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Hi,i hope someone can help.My partner recently took out a small loan of £350 with "Loans 2 go".We arranged to pay the payments through our bank by standing order,when the first payment was due we had the money in the bank ready for loans 2 go to take out,but they didn,t take it .About a week later they phoned us up saying that they tried to take the money out from our bank but couldn,t.we told them that the money was thier waiting when it was due and asked them if they had our account details right,they read the account number back to us and they had 1 number wrong.We then recieved a letter saying that we have been charged a late payment fee of £15 and a default sum notice charging us a further £25 for that,this was even after we had payed more than was due on our first payment.It was also thier fault that they got the account details wrong as when my partner signed for the loan ,they took down the card details ,so its thier mistake ,can we refuse to pay these charges as it wasn,t our fault.thanks for any replies.regards angnnig

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Hi,

 

Defo refuse to pay the charges. No point agruing with their call centre staff though - A letter to their complaints department pointing out that the failure to pay was due to their mistake should do the trick. If your feeling particlarly accomadating you could include a copy of your bank statement showing that if they had used the correct payment details you had funds available for them. Might help your case. Make sure they confirm that any adverse entries on your partner's credit file have been corrected.

 

If their customer service is any good this should be resolvable without the need for any legal wrangling.

 

If your coming close to paying of the loan in full id be inclined to pay all but the £15+25 they added.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Thanks for the advice Haggis,ive done and posted the letter off to them,they know thier in the wrong ,thier just trying it on thinking wel back down like frightened rabbits,i deffo wont be paying any rip off fees.kind regards angnnig

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  • 1 year later...

Hi ,We took out a loan of £500 with logbook loans in september 2009 and paid £150 back after a few weeks of taking the loan out,then continued to pay £35 a month interest only through my bank right up until now we paid every month except for last month because our taxi was of the road and now we have received a default notice saying that we have breached the agreement and are saying that they will take our car if we dont pay £510 before the 31 of this month.since we took the loan out L2go havent sent one statement to us. Can anyone advice on what we should do about this ,thanks ,regards angnnig

Edited by angnnig
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  • 2 months later...
  • 3 months later...

Hi ,We have just recieved an N1CPC form from northhampton county court by loans to go.They say we owe £750 ,but we know that around £250 of this amount are charges,We have yet to send a SAR to them to find out exactly what charges they have done us for.Could anyone help us to fill the court form in and if there are any ways we can fight this.They have been taking £35 a month from our account now for 18mths and the balance has only gone up,We only borrowed £350.They have a secured loan on our car that is now off the road .kind regards angnnig

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To the correct forum, Legal Issues, by posting you have found it.

 

Can you post the Court documents removing all personal details and reference numbers.

 

Hi Rebel can you please tell me where you have moved my thread,thanks
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Claim Form

Claimant

 

LOANS 2 GO LTD 297 OLDHAM ROAD ROCHDALE LANCASHIRE OL16 5JG

 

In the

 

 

 NORTHAMPTON (CCBC)

 County Court

Claim No.

 

 

 

06 JUL 2011

Court Address

MCOL

Address for sending documents and payments

 

(if different)

 

 

MONEY CLAIM ONLINE NORTHAMPTON COUNTY COURT 21-27 ST KATHARINE'S STREET NORTHAMPTON NN12LH

 

 

Court telephone number: 0845 6015935

Defendant

 

Particulars of Claim

*********** (the Defendant) entered into a credit agreement (the Agreement) with Loans 2 Go Limited (the Claimant) on 19 August 2009. A default notice was served on the Defendant under section 87(1) of the Consumer Credit Act 1974 on 15 January 2011 notifying the Defendant that he was in breach of the Agreement, having failed to pay instalments at the stated times, as set out in the Agreement. The Claimant now seeks full recovery of the current balance of the debt owed under the Agreement being #690.00, plus court costs. As per the terms of the Agreement the Claimant claims interest, at the rate of 0.33% per day, on the balance due at the expiry of the Agreement (less that part attributable to any charges other than interest and capital) being #205.00, until it is received (calculated on a daily basis being a rate of #0.67 per day), with interest accruing at this rate both before and after judgement.

 

 

 

The Claimant believes that the facts stated in this claim form are true and

 

I am duly authorised by the claimant to sign this statement

 

Important Note

 

 

 

You have a limited time in which to reply to this claim form

 

Please read all the guidance notes on the back of this form - they set out the time limits and tell you what you can do about the claim

 

You can respond to this claim online. Log on to

www.moneyclaim.gov.uk

 

You will need the claim number (see above) and the following password 9Yk52aTa

 

Amount claimed

 

690.00

 

Court fee

 

60.00

 

Solicitor's costs

 

0.00

 

Total amount

 

750.00

 

 

 

K Bilk for Loans 2 Go Ltd

signed

 

(Claimant)f

 

^Ma9i?9

N1CPC Claim form (04.06)

11057

Edited by Ell-enn
Removed Case number
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We could do with some help from you.

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No problem Ang, just post if unsure of any of the process.

 

 

Andy

We could do with some help from you.

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Yes you need to register with MCOL and then follow the instructions on the summons re on line .There will be a user name and password.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I have done a rough copy of a defence but not sure if it will be any good,I,m just explaining the truth really but I,m not sure how to go about asking the court for more time so that we can send LOANS2GO a SAR and wait for 40 days until we get it,because they must have done us for about 300 in charges and they have never sent us a statement in 2 years and only 2 default charge letters.I can post the defence up on here and get a bit more assurence that ,i,ve worded it ok,if anyone wants to advise.We only have 2 days to get the claim in.Thanks, kind regards angnnig

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Need to slow down a bit Ang, just acknowledge the claim for now.I would of thought that you are not in a position to draft any defence as yet

as you refer to a DSAR? Once litigation as commenced you request information via the CPR (Civil Procedure Rules) not a DSAR.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy thanks for your reply,I have aknowledged the claim now online and its been registered ,I,ve defended part of the claim.For the CPR do I get a template letter from here ,does it ask for a list of the charges as well or do i send a SAR at a later date.kind regards angnnig

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Yes use CPR 31.14 this is for the agreement and Default Notice they refer to in their Particulars of Claim.

With regards to the statements yes use a S.A.R but it may take 40 days for them to respond which will be past your defence date.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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