1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[AndyOrch]

Penalty interest stops DB as soon as the set a side was applied for? Surely T&C would provide for this to continue irrespective of an application if it is in the T&C,s!!!!!

 

Andy

[DonkeyB]

Not sure what to make of what was on the CD.There is no statement of account, no default notice,no termination notice, no transcripts of recorded calls, no details of any legal action. They have sent copies of all the ID they requested when I took out the loan.Copies of application form, copy of a loan agreement and seperate terms and conditions.There is a piece of paper regarding arrangement fee and broker fee.At the time I dealt with them direct, and did not go through a broker.When I say there are no transcripts of calls, there is a list of calls made to my work stating 'phoned Mr S at work but not in. Phoned Mr S mobile but no answer.Mr S requested everything in writing (yet they still continued to call).One thing that must go in my favour is a note stating 'Changed address on system'.There is a note saying 'Atlas letter sent to Mr S'. Another saying '2nd Atlas letter sent to Mr S'. Who is/are Atlas.I have NEVER heard from them or about them.They claim to have sent me copy of my agreement in late 2010.They have sent nothing.And even if they had, should it not have been part of their reply to my SAR?.There is a note stating 'Called Mr S mobile, and he had a very blazee attitude saying he will only pay if we take him to Court'. Let me assure youl this is not true.I asked for a statement of account to determine what I did actually owe them.Dated 17/03/2011 is a note stating 'Account for legal action'. and 28/03/2011 stating AoE gone to employer.Even if I had been aware of the CCJ, this timeline does not even allow me to defend it.Another not saying 'Fax sent to County Court'.If this is true, should there have been a copy sent to me in my SAR request?Sorry for the confusion regarding the recorded calls transcripts.There is no call mentioned about the one I received in February this year, so unfortunately it is my word against theirs on that.I need to go back to the library as there was not enough ink left in the printer.There are 86 pages in total but they still have not sent what I asked for.Am I right in thinking that usually an account could be put in to dispute if they fail to comply with a SAR? Bear in mind that they have already taken action, although enforcement action is suspended until the outcome of my Set Aside.I want to repeat, I am not trying to avoid a debt.I just want to know what I do actually owe, not what they say I do.Sorry for the long post.I thought I had everything clear in my mind, regarding the Set Aside hearing, I feel like I'm back at the beginning. Can someone please advise if/when you get time.Thank You, as usual..Regards...Signaller

I am aware that the Court will probably only be interested my grounds for a Set Aside, and not necessarily how they obtained the CCJ in the first place.I am confident (mostly thanks to yourselves) the Set Aside will be granted.I still want to go after them for the way they have conducted themselves, and will contact the relevant bodies in due course.

 

You say above you got the agreement, T&Cs and broker details. Please let us see these as a matter of urgency.

 

Also, did they show dates for those phone calls? Do they match the call dates on the statement?

 

We have to get your defence in by 4pm on Thursday 17 November – two days! Do this quick! If it’s on disk, contact me via PM if you want me to help redact them for you and post up. Saves scanning.

[DonkeyB]

Penalty interest stops DB as soon as the set a side was applied for? Surely T&C would provide for this to continue irrespective of an application if it is in the T&C,s!!!!!

 

Andy

 

This just shows how sh1te their record keeping is. The account does not exist once they get judgment – the judgment becomes the agreement!

[DonkeyB]

How much does the copy of your agreement show you borrowed?

 

If they claim to have lent £952.50, they have charged £419.82 in interest to bring it up to the opening balance of £1,372.32. THIS ALSO SHOWS THAT INTEREST WAS CHARGED AND APPLIED UP FRONT. Andy, does this indicate what kind of credit agreement this may have been?

 

The level of payments indicates you would pay this back over nine (9) months.

 

That’s an annualised interest rate of 58.8%!

[DonkeyB]

Signaller, what kind of loan was this?

 

Looking at their website, that’s a cheap loan for this lot.

 

Nice to see they think it’s fair getting a CCJ by deliberately being unfair...

 

http://www.1ststop.co.uk/landing-treating-customers-fairly.php?

[DonkeyB]

I’m also wondering if your loan was actually with a third party...

[AndyOrch]

Looks like a form of elongated pay day loan, in all honesty i would just be fighting the penalties charges/interest to reduce the amount then agree a payment plan on a flat figure.

It is a front loaded interest loan spread over 9 payments, Sig has been hit and miss with repayment and has therefore breached the agreement however their service was bad and have quite clearly abused the T&Cs letter charges, phone charges, penalty charges plus interest.

 

Regards

 

Andy

[mark40]

Thank you

 

Good post

 

I like your post.

[DonkeyB]

Thank you

 

Good post

 

I like your post.

 

Welcome to Earth.

[Signaller]

Sorry it's taken so long to get back to you.I was in the library and had to log off as someone was waiting.I had an exisiting loan with them.This one was a top up loan.I did not go through a broker for this one.I dealt direct with the ClaimantThere are no broker details.What there is, is a form saying 'I agree to pay a broker fee of 10% of the advance'. It does not say who it is paid to.I have signed this form but it is not dated.As I'm at work I cannot scan anything here.There is nothing in the T&C's regarding penalties or interest.On the loan agreement it states ' Total Ammount of credit - £750.-- Ammount of Credit for Cash Advance £400.18.--Ammount to Settle Existing Agreement £349.82 -- Ammount of each Monthly Payment £152.48 -- Number of Payments 9.-- APR Variable 389.70%Total Charge for Credit £622.28 (consisting of) Acceptance Fee £127.50 -- Broker Fee £75 -- Interest Charge £419.78 -- Rate of Interest per Annum 151.80%.I hope I've not caused too much confusion, and will answer all your questions as best I can.With your help, I would like to get something typed up today and can take it in to Court tomorrow.Thank You all once again.RegardsSignaller

[Signaller]

I was in such a rush when I left home this morning I just grabbed my mail to read later. Anyway, there is a letter from the Court about the Set Aside.Amongst it is a 'Certificate of Satisfaction or Cancellation of Judgement Debt' stating 'The Judgement giving rise to the registration has been set aside'.Also a form headed- 'General Form of Judgement or Order- stating 'Before District Judge xxxx sitting at xxxxxxxxxx' Upon hearing the defendant in person and the non attendance of the claimant IT IS ORDERED THAT BY CONSENT1, Judgement be set aside on the condition that the Defendant do file a defence by 4pm on xx/xx/xx when further instructions will be given.There is another form headed 'General form of judgement or order' stating ' Before District Judge xxxx sitting at xxxxxxxxxx - Upon hearing ther defendant in person IT IS ORDERED THAT the judgement against Mr Signaller dated xx/xx/xx be and is hereby set aside.I usually open my mail as soon as I get it.Still need to get something in to Court though by 4pm Thursday.

[DonkeyB]

Does it say anything in the T&Cs about charges for letters? It may refer to costs incurred in the event of a default, so please read them carefully.

[DonkeyB]

I’m thinking that they may have rolled your broker fees and their 'acceptance fee' into the loan. If so, this must be clearly stated and delineated. They should not apply interest to acceptance fees, for example.

[Signaller]

I apologise further for any confusion I've caused.There is nothing in the T&C's about charges.However, there is a small section on the loan agreement under key information, stating 'If we have to write to you/phone you/if any payment you make is returned unpaid' each seperate charge is £12.I only received one letter from them regarding a doorstep visit.The date on it does not compare with what it says on the statement.Also, only one of the phone calls on the statement compares with what they sent in the part response to my SAR.

[DonkeyB]

Are the T&Cs part of the same agreement? We really need to see these to make a judgment.

[Signaller]

The T&C's they sent me is a seperate photocopied sheet of paper.I have no way of knowing if it relates to this loan agreement. There are no reference numbers on it to compare with the loan agreement.Signaller

[AndyOrch]

Then they cant justify the additional charges and also invalidates any agreement as there is no reference to any T&Cs and key financial information.

 

Andy

[Signaller]

I couldn't have got this far without you all, and I'm sorry if it appears I'm leaning on you again.I don't expect you to do it all for me, but if you would kindly give me some pointers and I will fill in the gaps.I really do appreciate all that you have all done for me. Thank You so much.RegardsSignaller

[Signaller]

I have a couple of hours before I finish work for the day. Can I please have your final thoughts on this.Thank You.Signaller

[AndyOrch]

Submit your defence on what myself and DB have advised, seems unlikely they will oppose it as they didn't even attend the hearing to defend the set a side.

 

Regards

 

Andy

[DonkeyB]

Signaller, I’m away for a few hours but will cobble something together tomorrow. The order didn’t say it had to be a good defence...

[Signaller]

andy and DB, thank you both for taking the time out yet again to help me. I don't think I could have done this without you. Thanks also to everyone else who has commented and helped me to date.DB - I will pop in again tomorrow about the same time (1pm). I am on nightshift Thursday so there will still be time for me to take what I will have to the Court by the deadline time. My sincere and heartfelt thanks to all of you.RegardsSignaller

[DonkeyB]

Your next job after set aside is to reach an agreement with the buggers on what you owe and keep it out of court.

[Signaller]

The DJ said I have to send a copy of the defence to the Claimant as well. I'll also send a letter to see if we can negotiate a settlement without a further hearing.Will pop back in tomorrow.Signaller

[DonkeyB]

That would be on a without prejudice basis, of course.