Bryan Carter and PayDay Express court papers **

[wilko999]

I took out a payday loan with payday Express back in FEB 2010.

 

got myself into difficulties over the past year and prioritised other commitments over this one.

 

Stupidly I don't seem to have any of the original paperwork, Bryan Carter don't either. Rang Payday Express, they just pass me straight through to BC and off we go again.

 

I can't even remember the original amount borrowed but scanning my statements there was a payment from them to me in Feb 2010 for £305.00 (assume I probably requested a same day payment so it was probably £15 or so higher than that I actually asked fro and they've knocked off that charge at source)

 

So from the original amount of £305.00

 

Payments made back to them as follows -

 

29/04/2010- £15 paid to them

3/04/2010 - £160 paid to them

 

 

Then 2 further payments to Bryan carter in Feb (2011) this year totalling £60.00

 

Details of their claim. they are claiming £500.00 + £34.52

interest

plus the usual court fees and solictors fees.

 

I have no idea how they have arrived at £500.00.

 

Not sure what to do next, who to write to and what information I need to challenge this. I don't intend on paying what they are claiming for as I have no idea how this figure is arrived at. Considering I've paid back £235 from the original £305 I assume it's all interest although no one is forthcoming at providing the information on this.

 

Help please! not sure what to do from this point.

 

[postggj]

I take it this was a thirty day loan

 

if so

 

they are stuffed

[wilko999]

Thanks - yes it was a 30 day loan - could you eleborate a bit more for me please!

[postggj]

the thing these payday companies do not realize is the loans are only for 1 month

 

if you fail to pay after thirty days then they send you a default notice, if you fail to rectify then the account goes into limbo as such or flogged to a DCA

 

they can add as much charges/ interest as they want, does not make it legal

 

all you end up owing after 30 days plus 14 days with the default notice is the original loan plus contractual interest, say £75 .00

 

THE LOAN CONTRACT IS FOR 30 DAYS SO HOW CAN THEY CLAIM LATE CONTRACTUAL INTERST AND PENALTY CHARGES

 

ITS COVERED UNDER SECTION 87 OF THE CCA 1974

 

 

I NEED YOU TO WRITE OUT THE PARTICULARS OF CLAIM ON THE N1 CLAIM FORM

 

IT SHOULD STATE SOMETHING LIKE

 

MONIES OWED UNDER A REGULATED AGREEMENT ETC

[wilko999]

thanks - here are the details.

 

THE CLAIMANT'S CLAIM IS FOR THE BALANCE DUE UNDER AN AGREEMENT WHICH IS NOW ALL DUE AND PAYABLE.

 

THE DEFENDANT AGREED TO PAY MONTHLY INSTALLMENTS UNDER ACCOUNT NUMBER ---------- BUT HAS FAILED TO DO SO.

 

AND THE CLAIMANT CLAIMS THE SUM OF 500.00

 

THE CLAIMENT ALSO CLAIMS INTEREST THEREON PURSUANT TO S.69 COUNTY COURT ACT 1984 LKIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8% PER ANNUM AMOUNTING TO 34.52

[postggj]

Good old mr carter

 

up to his tricks again

 

did carter send you any letter before action

 

i.e.

 

Pay up in14 days or we will issue court action

[wilko999]

Yes they did, several in fact. BUT i also wrote to them back in March when I cancelled the DD for the £30 per month as i wanted details of the agreement at that point. I received no reply to that letter, however, it wasn't recorded delivery (silly I know!)

[postggj]

What is the date on the court claim

[wilko999]

Issue date 27th July 2011 - attached copy below with usual bits deleted.

 

[postggj]

send this to carter by recorded delivery and get back to your thread no later than the 8/8/2011 with an update

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in your Particulars of Claim:

 

1 The Agreement. A copy of the signed, executed Credit Agreement regulated by the Consumer Credit Act 1974. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the signed originals should be available at the hearing. Further, that any general conditions incorporated in the contract, both at inception and as amended, should also be attached.

 

2 The Default Notice - a true copy of the Default Notice, and /or a copy of the relevant communications log showing issuance, plus proof and method of posting.

 

4 A full statement of account showing how the amount claimed is calculated

 

 

Please ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter, in compliance with CPR 31.15(b).

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 requests.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

 

 

[wilko999]

Trying again - seems that's coming out too small!

[postggj]

acknowledge the claim by stating you will be defending it all

[wilko999]

Thank you very very much! - so - should I now hop onto moenyclaim and state I intend to defend this in full? Thank you so much for all of your help! Much appreciated.

[wilko999]

Great - thaks gnore last post I must have been typing that as you were replying!

[postggj]

Yes

 

defending in full and get that letter sent to carter by recorded delivery

 

me and carter are old friends and he tends to ditch claims once they are defended

[postggj]

YOU NOTICE ALSO ON THE CLAIM FORM HE FAILS TO STATE

 

REGULATED AGREEMENT

 

NAUGHTY MR CARTER

 

I KNOW YOUR GAME:wink:

[wilko999]

Sorry - quick one again but currently logged in to fill out defence - have put defending in full - it now brings a box up to complete with details of my defence. Leave blank? or fill out, if so with what?

[postggj]

You are not doing a defence

 

only acknowledge the claim STATING DEFENDING IN FULL

 

leave it blank

 

we can do a defence later

[wilko999]

done it, thank you! Letter sent off recorded 1st class this afternoon.

[wilko999]

Great, all done. thank you so much. see you on the 8th!

[cooldude1980]

WOW this is a very good thread....hope we get regualr updates on progress on this so others can understand the process.So is the general agreement that payday loan companies can under no circumstances claim more than initial loan and 1 month interest and maybe a little bit for the 14 days default?

[wilko999]

Hi cooldude,

 

I promise to keep this one going to the end so others can reference and learn from it. I can't take any of the credit though! massive thanks so far to postggj as all the info has come from them.

 

Letter posted off yesterday to them. Court acknowledgement filed submitted defending in full. Will be back once I receive my reply to update the thread.

[sillygirl1]

You can do a simple defence or a detailed defence, I tend to stick to simple defences as it gives the PDL company no room to counter argue in court and the current trend seems to be for them to issue these like confetti, then not return the allocation questionnaire so the claim gets stayed or struck out, which shows they don't understand that they cannot just get 'judgement by default just like that'.

 

I will leave postggj to deal with the defence on this one as Mr Carter is a known 'solicitor for rent' and usually runs if challenged properly and postggj knows how to deal with him effectively.

[sillygirl1]

Yes, there is also debate on whether or not they can legally default you as once the term of the loan is over the default is 'automatic' if the money hasn't been paid in full... so any default sums are a technicality that could be argued by virtue of Section 87....

 

There was a thread a couple of days ago where somebdy (I assume from a PDL company) tried to argue the points of Section 87 and misquoted the correct piece of the section...

[wilko999]

Update as I know I was supposed to come back by the 8th and now it's the 10th! Been a hectic week with work so far.

 

Anyway, nothing to update really as I have received no reply from Mr Carter and associates. What's my next step? Aware that I probably need to be doing something with the courts side of things in terms of the defence. I have only done as suggested so far and said I inted to defend.