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Firstly my apologies if this is a duplicate question....Hello I see some Caggers have offered some great advice about Tower Capital can I ask for some? I got a payday loan with them last summer and did the usual rollover etc etc. I got into financial difficulties in Feb/March and therefore could not afford to rollover or even pay anything. I wrote to them at start of April, with my income/expenditure/details of other creditors, as I did all my creditors advising of my difficulties and offered token £1 payment which I sent. Last week I got a Claim Form from Money Claim Online. It says in particulars I defaulted (don't remember receiving notice) and that I have "failed to respond". I have been in email contact with them over this period, to which they have responded!

I can only afford to pay the £1 a month at the moment so I can't really see how they think they can get more by going to court, in fact they will probably get nothing as I have a shortfall in my commitments.

 

Can I ask what I should do next?

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You need to post up the particulars of claim exactly on here (leave out any sums if they will identify you) and we can go from there with a skeleton defence. As it is a short term loan the default notice part isn't really relevant but them saying you haven't responded can be refuted and your emails provided as evidence.

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Easy one that, I can PM you the basic defence (and copy in the site team) what we will be doing is explaining that

 

1. you are a litigant in person

2. The particulars are very bald and disclose no cause for enforcement other than to abuse the courts processes

3. Their claim that you did not reply is inaccurate (and as such the particulars should be dismissed without leave to amend)

4. That you are willing to go for negotiation.

 

Have you acknowledged part of the claim online to give yourself time to do the defence, if not this needs to be done ASAP.

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Was a bit scared to log in as didn't know whether that would obligate me to anything. So what should I do online? How much of the claim should I admit/dispute? Can we talk on PM so I can talk figures etc?

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That's right, defend part of the claim - they don't even state how much you owe them and what the sum is made up from, which is another big error on their part.

 

I haven't done an online CCJ claim for ages so don't know what is on there, but I do have notes on other cases I've helped on. PMing at the moment is a bit difficult...

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Hello to confirm the form does detail the amount they are claiming for and the £25 court fee on top but no other breakdown.

Can you advise what I should do next? I assume we now have 14 days to respond? Thanks.

 

That's right, defend part of the claim - they don't even state how much you owe them and what the sum is made up from, which is another big error on their part.

 

I haven't done an online CCJ claim for ages so don't know what is on there, but I do have notes on other cases I've helped on. PMing at the moment is a bit difficult...

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Hi sillygirl1 can you help me with what I need to do next I haven't done anything online yet as I was concerned that you thought they didn't state on the form how much I owed them which they did in the amount claimed section along with the £25 fee? Can you help? Thanks

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You MUST acknowledge this online, the rest of the stuff I mentioned goes in your defence. I've had a lot of problems to deal with but should have a skeleton defence for you this afternoon.

 

Acknowledge PART of the debt (being the original loan amount ONLY). Do not contest jurisddiction as it will then be transferred to your local court.

 

I assume this was filed via Northampton?

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