Payday Loan Court action

[Yorkmackem]

Hi,

can anyone direct me to a template defence to use when confronted by legal action on a payday loan ?

 

I'm trying (unsuccessfully) to agree payment terms with one or two companies who are now getting "heavy" and

 

I need to be prepared for the Northampton bulk Claim Form, if and when it arrives.Many thanksYM

[sillygirl1]

There isn't a template as it can't be done, purely because each situation is different and depending on the company (solicitor for rent) they use depends on how detailed the template is.

 

What you need to do is post up the particulars of claim and the solicitors name, along with the PDL company name and you can have a defence in about 24 hours.

 

Its not like the bank charges scenario because each company uses a different bit of the wrong law to claim, and their particulars are often so flawed you can ask the court for an immediate strike out.

 

You must however get the following documents together - you don't need to SAR them as you should already have the agreement, if you haven't got the agreement then ask nicely for it, then threaten under CPR rules.... SARing takes 40 days and is too long a timeframe.

 

Agreement

Any bank details where you have made rollover payments and where they have taken funds

Correspondence trail and notes of telephone calls

Any letters etc they may have sent

 

As this is a payday loan they automatically become defaulted if not paid on the due date and default notices do not need to be sent, if they are sent they are invariably faulty and can be used against the company in a defence.

 

Which companies are causing you the problems and have you reported them for not co-operating to

 

http://www.consumerdirect.gov.uk for the Office of Fair Trading, have a read up on the Guidelines for Debt Collecting

http://www.tradingstandards.gov.uk for Trading Standards

[Yorkmackem]

Cheers for the response.

 

I'm looking to pre-empt any Court action by requesting documents and raising points which would usually be included in a Payday Loan defence,

 

such as unfair contract terms / unreasonable charges etc.

 

Swift Sterling are the main culprits,

the problem with them is that they send little or no correspondence and refuse to enter into e-mail negotiation

(or any negotiation at all.....).

 

I'll certainly use your info as a starting point though and will look to contact the relevant bodies as you suggest.

 

Thanks again.