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Guest Rachel25

Hello

 

I am in a very similar situation as previously detailed by others. I have followed instructions to go online and defend the claim in full, which I have just done today.

 

How ever I am just going through some literature that I received and a guy from Carter Forbes kindly highlighted in red some concerning particulars:

 

OTHER FINANCIAL INFORMATION

Total Charge of Credit: 30 pence for every 100 pence borrowed, per part or full month that a balance remains

outstanding.

Interest is charged at the rate of 30% per month or part thereof [fixed], and applied to the balance

outstanding each month on the date of this Agreement.

KEY INFORMATION

If you breach this Agreement, our charges are as follows:

1. If you do not re-pay the loan on time you will have to pay the following charges:

1/4

• An administration charge of £15.00;

• £12.00 per letter or e-mail correspondence with you requiring payment;

the APR will continue to be charged from the first day that your loan is outstanding until the loan is

repaid.

2. If you move or change your contact details without telling us:

• our reasonable costs and expenses incurred in tracing you and verifying your new address which will be

charged at £45.00 per search but is not limited to a single search if we cannot locate you or verify your

new address.

3. You must also pay us all reasonable costs and expenses incurred in taking steps to enforce this

agreement against you. If we discover that your loan application is or was fraudulent we may require that the

total amount repayable is re-paid immediately.

 

Does this change anything stated above about only owing the original loan amount plus one months interest please?

 

Slightly worried now :(

 

Thank you very kindly in advance

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Hello

 

Sorry to hop on board someone elses post, how ever I am new to this.

 

I am in a very similar situation as previously detailed by others. I have followed instructions to go online and defend the claim in full, which I have just done today.

 

How ever I am just going through some literature that I received and a guy from Carter Forbes kindly highlighted in red some concerning particulars:

 

OTHER FINANCIAL INFORMATION

Total Charge of Credit: 30 pence for every 100 pence borrowed, per part or full month that a balance remains

outstanding.

Interest is charged at the rate of 30% per month or part thereof [fixed], and applied to the balance

outstanding each month on the date of this Agreement.

KEY INFORMATION

If you breach this Agreement, our charges are as follows:

1. If you do not re-pay the loan on time you will have to pay the following charges:

1/4

• An administration charge of £15.00;

• £12.00 per letter or e-mail correspondence with you requiring payment;

the APR will continue to be charged from the first day that your loan is outstanding until the loan is

repaid.

2. If you move or change your contact details without telling us:

• our reasonable costs and expenses incurred in tracing you and verifying your new address which will be

charged at £45.00 per search but is not limited to a single search if we cannot locate you or verify your

new address.

3. You must also pay us all reasonable costs and expenses incurred in taking steps to enforce this

agreement against you. If we discover that your loan application is or was fraudulent we may require that the

total amount repayable is re-paid immediately.

 

Does this change anything stated above about only owing the original loan amount plus one months interest please?

 

Slightly worried now :(

 

Thank you very kindly in advance

 

.......Well just because that's what they say their T & C's are doesn't automatically make them fair - and it's the fairness of the extortionate charges and interest that they have piled onto the original loan that you are challenging.

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Guest Rachel25

Would someone please be able to check my thread out and advise please.

 

I am concerned that me defending my claim online could come back to bite me in the bottom

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If you have defended online you need to get a defence in to support it, it can just be a simple statement of fact, and I can help with that. The only way to screw up now is not get the defence in on time, acknowledging online is okay but without a defence you could be in trouble.

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posts merged to own thread here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guest Rachel25

Not sure what that means :(

 

Im sorry if i am bugging everyone, just new to this and havent got a clue what im doing, sorry again

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just use this thread for you issues

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You don;t need to do a letter to anyone, nor learn any legal stuff, defence should be as follows (and this should be in the PDL forum and not the Legal forum to keep stuff together - dx please can you move again....)

 

I xxx borrowed xxx from xxxx company which is a payday loan company specialising in short term loans. The amount they are claiming bears no relation to the amount borrowed. I am a litigant in person with no recourse to legal help and costs should be kept to a minimum on both sides, therefore this case is suitable for mediation due to the low original sum borrowed.

 

Then you do a history of when you borrowed, how much you have paid back and any correspondence you have, listed in date order where you have tried to come to an arrangement

 

I have tried since xxx to come to a repayment plan which should be the original loan amount and one months interest as per Section 87 of the CCA Act, (you don't need to be any more specific than that, if you are they will counter argue and you won't get anywhere, I can't help with counter arguments in court.

 

My repayment plan would be as follows: put what you can afford on the dates you want to pay

 

This is a Statement of Truth by xxx on xxx date

 

That is it, short and simple. Number each paragraph and put the case no and details at the top. If you start detailing the flaws in the agreement it will be counter argued and you will put yourself through a lot of work without any chance of real success.

 

9 times out of 10 these companies hope that people won't defend and they will win by default.

 

Get the defence in asap and get back if you have any questions, you dont need the original agreement or list of what they are trying to charge, it is irrelevant as it is a one month loan and the term of the contract has expired. It is different to bank charges and credit card charges.

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Guest Rachel25

That is brilliant sillygirl1, more than i expected, thanks for that.

 

May seem a stupid question but where exactly do I send my defence to? The court address on my CCJ?

 

Thank you so much again

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Yes, send it to the court address, I presume it is Northampton, and ring them to check it has been received a couple of days later. You need to keep a copy for yourself. Once the defence is in it will be transferred to a court near you.

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