Court papers Safeloan UK

[donnahaywood]

I took out a payday loan with Safeloans Ltd, which I defaulted on.

I owe them £248.23.

 

At the end of October I received court papers from NorthHampton court.

 

I was unable to pay the full amount so I filled in the form and gave my budget, as instructed, and stated that I would be able to pay £5 a month.

 

10 days later I received a letter from Safeloans accepting my offer and setting up a standing order.

 

I paid the £5 in Novemebr, as agreed, but today I have received new court papers stating that I "have not replied to the claim form" and that I must pay £268.23 within the next month. I'm very confused and worried.

 

Any advice would be great!

[Guest]

edited

Edited December 12, 2010 by Ford
edit

[ploddertom]

Who did you send the Court forms back to?

 

PT

[donnahaywood]

I sent the forms back to Safeloans.....court froms said not to send the papers to the court but to the claimanant's address.

[ploddertom]

That is why! Sneaky trick on their behalf. There are a couple of options open to you.

 

1 - you could apply for Set Aside in which case if you succeed the case goes back to the stage where the Claim was started. Downside to this is that sometimes the Court is looking for payment to made available or a good proportion paid off. If you were able to pay off what you owe then the CCJ would be wiped.

 

2 - possible the best route if you cannot afford to pay it all is to apply for a Variation Order - you will be able to pay as you have suggested but you will stay with the CCJ for the next 6 years.

 

In both above there is a Fee to pay for the application but if on certain Benefits or a low wage you may be able to apply for Fee Remission. Whatever you do make your decision quickly.

 

PT

[donnahaywood]

Thanks for the advice. I'm really annoyed about it cos I thought I'd done what I needed to do and that paying it off each month was OK.

[Jasper1965]

I sent the forms back to Safeloans.....court froms said not to send the papers to the court but to the claimanant's address.

 

I'm particularly concerned by this statement.

 

"court froms said not to send the papers to the court but to the claimanant's address"

 

Do you have a copy of this form telling you to return the defence to the claimant by any chance?

[Jasper1965]

I sent the forms back to Safeloans.....court froms said not to send the papers to the court but to the claimanant's address.

 

I'm particularly concerned by this statement.

 

"court froms said not to send the papers to the court but to the claimanant's address"

 

Do you have a copy of this form telling you to return the defence to the claimant by any chance?

 

And is it stamped by the court?

Edited December 12, 2010 by Jasper1965

[ploddertom]

 

Certainly sounds as if they are using their own instructions.

 

PT

[consumeredge]

I think you'll find the confusion is on the N1 where it first says "Claimant" underneath this the next box states "address for sending Documents and Payments" if different.....

 

Unfortunately Donna you've probably misread the form, a genuine mistake, but in saying that admitting the debt having offered Safeloans £5 per month and making the payment in November a judgement would have been awarded against you regardless.

 

You've done nothing wrong, although Safeloan if they were being honest should have returned the form to you explaining the form needed to be sent to the court, not them.

 

I would write to the court just stating you acknowdegd the debt and unkowningly sent the completed N1 form with your offer to repay the outsatnding balance to the claimant Safeloan Limited, the claimant accepted your proposal of £5 per month and the first payment was made November.

 

In the meantime continue to pay Safeloan the £5 per month.

[donnahaywood]

Thanks for the advice guys. The form definitely said to send it back to the creditor and says in the the court (Northhampton) advice notes not to send a copy to the courts. The claimant's address and the address for the documents are the same. Anyway, spoke to the CCCS today (setting up a DMP) and I'm going to write directly to the courts asking for re-determination & time to pay it in installments. If not then I'll have to pay a fee and take it further.

[Guest]

donna

looks like you admitted the claim with a request for time to pay re instalments, and they accepted? if so, you are correct 'The defendant may admit the claim by returning to the claimant an admission in the relevant practice form'. 'If the defendant wishes to make an admission in respect of the whole of a claim for a specified amount of money, the admission form or other written notice of the admission should be completed and returned to the claimant within 14 days of service of the particulars of claim'. Civil Procedure Rules 14.4, 14.9, Practice Direction 14; paras 3.1, 4.2 for eg would apply. they then should've made a request for judgement accordingly, notifying the court of their acceptance of the instalments. looks like they may have made an error in their request for judgement.(or may not have done the request)? maybe give the court a call and explain that they have messed up? also, bear in mind that if you are, by any chance, able to pay the whole amount off within a month then you will avoid a registered CCJ.

imo.

Edited December 16, 2010 by Ford
typo