andrew hart/hartinvestments/paydayoverdraft.com/Wage Payments and Payday Loans Ltd - claimform - PDL i know nothing about - scam? **Claim Discontinued**

[Revenant]

So if this guy is only the broker and 'contracted' to collect on behalf of the lending company - who is the actual alleged 'lending company'? If there is no actual record of any money being paid to ads or a contract - what exactly is the claim based on? I still think submit a defence but also a strong letter to the court manager as the only reason that the guy has for using the court process is to use it to conduct a campaign of harassment against ads.

 

If this ever got to a court hearing, the first thing a judge would ask is ' did you receive this money?'

 

I seem to remember that ads contacted Trading standards and they have said that they cannot take action as this is now a court matter. Not sure if ads has contacted the boys in blue, cannot remember without looking back

 

Hi CD

 

The "Broker" remark is in ref to the Moneymona company he seems to have and not (I think) linked to the OP's situation

 

R

[J0n]

As a solicitor myself, I'd just like to offer a few more words of advice. First and foremost, if you have had a document served on you that looks like a Claim Form issued out of a County Court, please ring the court and check whether the document has been genuinely filed and issued. Any fraudster can very easily download the Claim Form in PDF format and make it look as if it has been issued by a court. Only the court staff can tell you if an issue fee has been paid and a court file has been opened. If it turns out that the form has not been filed at court, you must report it to Trading Standards because you may be the victim of a con-man.

 

And if the court has confirmed that a file has been opened, then file a Defence. It is quite an easy thing to draft. In numbered paragraphs: 1. It is denied that the defendant has ever entered into the alleged or any contract with the Claimant 2. It is denied that the defendant is in breach of contract as alleged or at all 3. The Claimant has failed, despite repeated requests, to supply documentary proof of the alleged contract. The defendant asks the court to strike out this claim and to order the claimant to pay the defendant's costs on an indemnity basis.

 

(Please don't worry about using legal jargon - the courts don't give a **** about that, they just want to know why you are disputing the debt)

 

I disagree with the advice given by the previous poster who suggested asking for lots of documents and agreeing to pay the claimant's costs for supplying the documents, which plays into the hands of an unscrupulous claimant (if he is unscrupulous, which is perhaps still open to debate).

[DonkeyB]

Welcome to CAG, J0n – good to have you aboard.

[coledog]

Thanks JOn, very useful. The helpline for Northampton should be on the claim form, give them a ring Ads is see if this is genuine. The defence for this would be pretty 'embarrassed', if needed at all. Did you manage to acknowledge the claim on line and say you will be defending it, without any problems? This could mean he has submitted it. Ring them anyway and ask if any further documents have been filed as the guy claimed he was going to do this.

[ScarletPimpernel]

Ads - did you ever apply to him with a query about a loan? This could be how he has your details. can you describe any contact you had with him or any similar 'broker' type companies? I know a relative of mine applied to such a company and ended up having 'an arrangement fee' taken from his bank account which he is having great problems getting back. All these people are sh*st*rs, allegedly

 

I recall that ads said early on that this may have involved an account of his which had suffered some unauthorised activity in the past. This suggested identity theft to me, which is why I encouraged ads to involve Insp Knacker.

 

Thinking about the harassment side, I wonder if it may be useful for ads to send Herr Hart a short email, to the effect that he denies any debt to Hart, will defend the claim in court, and will consider any other communication (apart from responses to his legal requests for docs), to amount to harassment.

[coledog]

Very good call SP.

 

I am still interested to know if Ads has ever registered on any web site offering loans and given them any info. There may not be an email record of this. These t"ssers pass info to others. There is no disgrace in this, anyone can get hooked and you are talking to the expert in sub prime lending practices.

[Buncrana]

A very interesting thread, and well done guys for the advice to Ads.

 

Just for the record, a few years ago I was looking for an hotel for some friends to stay in, I lived local to Muswell Hill at the time.

 

Went to the Raglan after checking their website, walked in the door, didn't even talk to the obergruppenfeuhrer, and walked straight back out the door. It really was a toilet.

 

Ended up putting them in the hotel just down the road, around the same price, but ten times better.

 

Hope all goes well Ads, looks like you're onto a winner with this idiot.

 

Buncrana.

[ads_uk]

hi.

Yeah I applied for loans online and entered my details, some said they were actual lenders then it went on to say we havet found a suitable lender but we will put you intouch ie Yes Loans etc.

 

I entered all teh info on the online claim ok, I did ring the court and they confirmed papers were correct.

This morning I recieved this:

Good morning,

 

a question. Did I do anything wrong that caused you to not want to pay back?

 

 

 

 

is there something I can do or discuss with you to get you paid back. Is there a deal we can come to and finish this matter?

 

 

I am interested before next action in court. If we can agree something I would be very happy as we can all move on.

 

 

I can be reached on 07710111108 or email.

 

 

If you choose to ignore this then I will have no other option but to go back to court to get your answer.

 

 

Best regards,

 

 

 

Andrew Hart

Account Manager

 

[DonkeyB]

What a t*at. It’s already in court.

 

This is verging on criminal harassment.

[coledog]

Cheeky Git, he has not got a case!. These 'apply for a loan' websites are very suspect and rarely result in anyone receiving such. They seem to record details and often pass these to 'others', resulting in loads of spam and text messages. I imagine that the unscrupulous could use this for chasing people for non existent debts, using threats and depending on people's ignorance and embarassment

[coledog]

I think it is criminal harassment, but the problem is getting anyone to do anything about this. I think that referring it back to TS may be a start and certainly a complaint to the court.

[ads_uk]

How do I go about that when TS have said there hands are tied now that its in court?

[coledog]

Difficult, do you have a contact at TS as it may be worth having a word and explain that you are still being harassed? Are you on benefits at all as it may be possible to get help to take court action against him yourself as this is clear harassment not a 'debt problem' as such. I am thinking aloud here

[ads_uk]

Im awaitng confirmation that I will be recieving Employment & Support Allowance as the doc signed me off sick for depression (after I put my noitce in!)

I do have a contact at my local one but she's the one whos told me hands are tied etc..

[ScarletPimpernel]

My suggestion above that ads tells the creature that he will defend the case in court, and putting him on notice about harassment, is designed to ensure firstly that anything further from Hart will be done knowing that it is likely to be harassment (so he may stop - but my guess is he won't), and secondly to put ads in a position where he can turn the tables and bring a counterclaim for harassment.

[teaboy2]

You do not have to take him to court - Make a counter claim for harassment in addition to your defense.

 

This should explain how to make a counter claim - http://www.hmcourts-service.gov.uk/onlineservices/mcol/userguide/claimant/counterclaim.htm

[Craigbadger]

Oh my life, you couldnt make this one up. Man has no shame.

Have to admit I thought the OP was trolling on page 1 but after reading through its cleary for real.

 

This bloke is cleary not right.

[teaboy2]

I think this guy (Andrew Hart) is so full of himself, that he fails to realize that his over confidence and over the top self believe is about to become his downfall.

[coledog]

For a Counter claim, ads will have to pay a court fee, but can get help with this if on a low income - free if on Income Support.

[ads_uk]

I will know by May 10th if I am successful at claiming Employment & Support Allowance.

[coledog]

I think you need to visit your LOCAL County Court Office and find out what the fee will be for a counter claim, I think it depends on the damages you wish to claim from Mr Hart. Also, they will help with an application for help with fees which will probably depend on your income over the last couple of months. It could be well worth a trip.

 

We will also need to look at how much you can claim and your argument

[DonkeyB]

I think the phrase ‘criminal harassment’ gives you a clue where to go. Insist that Mr Plod takes your complaint seriously – the fact that there is now civil litigation is not the issue. In fact, contacting you after issuing a claim and makes it worse and all the more reason for Mr Plod to have a quiet word with him.

[ads_uk]

What will the FSO do then when they said they will get intouch with him?

I just want this to end as its really starting to get to me, I jump everytime the home/mobile rings and Im petrified when theres a knock at the door.

Im 32 yrs of age and petrified at who knock on the door, how much of a dick do i feel.

[ScarletPimpernel]

FOS or FSA?

[ads_uk]

Yeah sorry should type slower FOS