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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Payday UK - Help And Advice Please


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Ok, like many many people Ive fallen into the trap of the pay day loan, after several months, probably knocking on year and a half , of just paying of the interest, Ive decided its time to stop the cycle...

 

What I need to know, is whats the best course of action, the payment is due this friday, my next pay day, Ive already asked my boss not to pay me into my current bank account, the one they have details for, and today went and opened a new account with the co-op.

 

Should I let payday UK know that I wont be making a payment this payday and will defaulting on the loan, and offer a payment plan...another words, is it best to be unfront or is it best to just let then try and take a payment and when it fails, and deal with the aftermath.

 

Also Iv had then call my boss before, and dont want this to happen again, what actions can I take to ensure they dont call him his time around??

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They called your boss !!! how did they get his name? did they tell him what they were calling about?

 

Email Payday and tell them you can no longer afford the interest payments and make an offer of what you can afford each month - conditional on them stopping further interest charges. How much did you originally borrow and how much (roughly) have you been paying for 18 months? I should think you've paid back the original loan amount several times over.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I think I borrowed arround 400, Ive easily paid back the original loan several times ova trust me.

 

The think is Im currently looking at going bankrupt in the next few months, clearly Im allowed to add this debt to my growing list, when I do go bankrupt, correct??

 

When I email them, can I add a few lines in stating to contact me only and any phonecalls to my boss or any one other than me, will be seen as harassment??

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They called your boss !!! how did they get his name? did they tell him what they were calling about?

 

??

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Well when I applied they asked for employment details, I never gave them contact details, guess they found them out themselves, I dont think they told him when they rang, but boy did they ring, Im a courier driver, so Im never ever in the office, he told them that, they finally listened.

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Can anyone who has defaulted with Payday Uk tell me what to expect, are these a pain in the backside to deal with, im due to pay them friday, but gonna send a repayment offer email to them tomorrow...already opened new bank account, so just concerned and wondering what to expect

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anyone???????

 

I default tomorrow, I intend to offer them £20 a month, I owe £525...Gonna email them tonite, with offer of payment, does anyone have a email address for these guys??

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anyone???????

 

I default tomorrow, I intend to offer them £20 a month, I owe £525...Gonna email them tonite, with offer of payment, does anyone have a email address for these guys??

 

 

I have never dealt with this lot but suspect they will refuse your offer to start off with. However if they can't access your bank account they will have to negotiate.

 

Although not for the faint hearted, personally I would tell them that they are getting nothing more and that they will have to take you to court for it. If a court agrees their claim they will probably let you pay off at a tenner a week if that's all you can afford. A court may be interested in the money they have had back off you. Doubt pay day UK will risk it.

 

Don't let them bully you.

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Hi skinjims

Only just read your post by now you have probably defaulted but wanted to share my experience,i defaulted 2 weeks ago but was upfront with them before i defaulted,i phoned them a day or 2 before and explained my situation,i was told to waitfor due date but they did thank me for letting them know.When due date arrived i phoned them and arranged a payment plan with them,i asked them for bank details so i could pay it into there account and they sent me an email with payment arrangement etc,not heard anymore,keeping a track of my payments and will just pay it every month,they didnt contact my work or anything.

Hope you get on ok,let us know and good luck xxx

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Have you got their bank details? Am in the process of trying to arrange a payment plan with Payday UK but no luck as yet.

Would like to pay something but would rather pay into their bank then send a Postal Order.

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Hi montrose

I did send you the details ive been given,i deposited my payment and havent heard from them since,so take it they are correct.

payday uk barclay bank

account number: 70610534

sortcode:3803886

ref: your pduk account number.

 

I had originally done it wrong but edited it,the dtails on the sticky are the ones ive been given.

Good luck xx

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