MicroLend claim form received yesterday

[42man]

[ror24]

Should I go the route of an embarrassed defence given the total inadequacy of the DN?

[citizenB]

POC as below:

 

"The defendant defaulted on a loan taken with our firm and refused repay the outstanding balance as per our terms and conditions agreed upon in the signed contract.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 325.254% a year from 30/10/09 to 06/11/09 of #18.51 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.89%."

 

No further details on the POC. Submitted via Money Claim Online.

 

Should I go the route of an embarrassed defence given the total inadequacy of the DN?

 

I think you need to go the embarrassed defence route due to the total inadequacy of the Particulars of Claim.

 

Here you go..

 

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

4. On receipt of the claim form the defendant sent a request for a copy of the agreement and other documents which forms the basis of this claim. The information provided does not relate to the agreement stated in the particulars of claim.

 

5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

6. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

7. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

 

 

or

 

DEFENCE

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

3. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

 

 

Send the letter below to the acting solicitor

 

 

 

 

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead your client's case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

[42man]

Any more news on this Ror ?

[citizenB]

Yes please, is there an update ?

[ror24]

Nothing received as yet, paperwork all submitted and eargerly await response....

 

Will reveal all once I know myself!

 

Thank you again for all your assistance and advice on this

[citizenB]

Yes, we are all a bit eager.. the opposition does have 28 days from the date you submittied yours to advise the court if they are going to continue. So, that would be around about the end of this month.

[ror24]

Thanks for all your assistance and insight on this one, most useful.

Have settled this one thankfully. Common sense prevailed and an amicable situation concluded.

If I have learnt anything during this, it is be very sure you want to enter into an agreement with such companies.

Although with hindsight I would not have gone the payday loan route, it does not mean it would not work for others. Just be mindful of the small print and if in doubt there are some truly very generous people on this site who can help those in need.

[cheggers]

I know this has been completed for a while, I received court papers that were raised one day after my initial payment was missed, and within 4 weeks an attachment of earnings was issued, for which I am now £700 lighter. Initial loan for £400, interest £155 court papers claiming £2085 and attachment claim up to £2500. Looking back at some of the timescales stated, I have missed these as was talking to a DMP company.

Were do I stand at present. I have been to the Sheriff Office and issued a form 33 I think but going to take 6 weeks to get a hearing, do I have any other option, as another £700 about to be deducted from wages

[Jamie Kingston]

From my experience (personal) I had an attachment from Micro Lend as well, which was years ago, I couldn't do anything to stop it at the time because I ignored the paperwork etc... I guess you should follow the procedure from the court. (what's a form 33?) I assume by a sheriff office you are in Scotland - not quite sure of the way it works there. Have you tried offering a settlement to them if they'll agree to drop the attachment, might be worth a shot. Keep everything in writing though.