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Tower Capital - Court action...next steps?


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I am looking for advice as to what to do next -

 

April 2011 - I took out a Payday Loan with Tower Capital. Loan was for £100, after their "transfer charges" I received £80 into my account. The loan was due for repayment end of that month. The same month I opened a new bank account and my wages were paid into the new account. Tower Capital were unable to take the amount from my previous account, however I received no contact from them in any form. I assumed I had left enough money in the old account and genuinely did not realise they had not taken payment - I agree that was my fault for not checking.

 

August 2011 - I received a Claim Form from Northampton CC for a claim of £235 from Tower Capital. I immediately contacted Tower Capital and advised them I had not received any contact from them and offered repayment of the original amount plus one months interest. They refused this. I asked for a breakdown of their charges and a copy of the terms and conditions of my agreement with them, along with copies of correspondence they claim to have sent. They again refused and stated "Please be advised as you wish to defend the amount outstanding on your County Court Judgment, all information with regards to your account will be supplied as and when requested by the court."

I submitted a partial defence online stating I admitted to the original loan amount, that I had requested copies of communication, a copy of my agreement and a breakdown of their charges. I stated I had offered to repay the original amount plus 1 month interest and this had been refused.

 

September 2011 - I received an Allocation Questionnaire from my local CC. I completed the form, outlining again that I had requested the documentation from Tower Capital and they had refused to supply it. I ticked the box stating I was willing to allow mediation.

 

Today I received a form N24 Standard Order for stay for settlement with consent of all the parties. It states:

District Judge orders that this claim is stayed until xx November to enable the parties to attempt to settlement.

On or before xx November, one of the following steps must be taken:

EITHER

the claimant must notify the court that the whole of the claim has been settled; (see note (i) below)

OR

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties. *see not (ii) below)

OR

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

NOTE (i) Where settlement of the claim is achieved before the end of the period of stay, the following will be taken to include an application for the stay to be lifted:

(a) an application for a consent order to give effect to the settlement

(b) an application for approval of a settlement where one or more of the parties is a person under a disability: and

© the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into the court out of this time.

NOTE (ii) Extensions to the period of stay will generally be no more than 1 month.

 

I am unsure what to do next. I do not need to request and extension and I had completed the Allocation Questionnaire on time and submitted to the court and therefore I believe I have done what is required of me. I am wondering whether Tower Capital have not returned their questionnaire?

 

Many Thanks in advance for any advice.

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Not very good at this sorry so hopefully someone more knowledgable will come along.

 

From briefly reading it if one of the options in red is not met you are open to a CCj by default.

 

Have you done a CPR 31.14 formally requesting the documents you need to defend your claim ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Thanks Mooshy. Of the 3 options, the last one is that both parties must file a completed allocation questionnaire with the court. I filed mine on time. The first option is for the claimant and the second is requesting a further extension which I don't need.

I did formally request the documentation quoting the CPR and sent recorded delivery to Tower Capital. They responded acknowledging my letter and said they were awaiting direction from the court and didn't supply anything. I was surprised that the DJ didn't ask them to supply this information to me as I mentioned it in my defence and on the extra information part of the AQ.

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i just had similar-I put in a N244 -it cost me 45.00 but the judge made an order that they had to comply with my request for documentation with 7 days-thats up tomorrow and then i just apply to have the claim struck out . You cant defend without the documentation, and if they cant come up with the documentation they cant officially prove you owe the money.

Hopefully someone will be along shortly . . ,

If you do an n244 i can help you with that.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Actually you have a far better defence through NOT having the claim properly documented - it is a backdoor way of getting a strike out - you inform the court that you had asked for the documentation which should have preceded the claim, TC haven't sent it and have not done the Allocation Questionnaire (which cost THEM £80 - so I believe) and are abusing the court processes.

 

You have been given the option of also trying to negotiate with Tower Capital one last time, use it and send an email to them asking for the payment of the loan and interest to be taken or you will ask the court for a strike out.

 

Many people forget that with these short term loans it is different to the bank charges scenario, the paperwork you need simply does not exist.

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Thanks everyone. After receiving the N1 form, I contacted Tower Capital and in 3 separate emails I offered to pay the original loan figure plus one months interest. They repeatedly refused to settle for less than their claim amount of £235 and referred me to my agreement and their terms and conditions which are not available on their website and they refuse to supply to me without direction from the court.

I have emailed TC today to reiterate my offer and once again request the documentation. If they refuse again I will request ask the court to strike out their claim.

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An update.

I rang the court and they confirmed that TC had returned their AQ.

I emailed TC to ask if they intended to negotiate with me or continue with their claim.

They responded and have offered to settle for £148. According to their website they charge £24 for every £100 borrowed. This is in addition to the £20 they charge for a same-day transfer. (I borrowed £100 and received £80 into my account).

So far TC have refused to supply me with any documentation, no breakdown of charges and no evidence of the communication they claimed to have made with me. I received no emails, letters, phone calls until I received the N1 form.

 

Just looking for advice. I am thinking of a counter offer of £124. This being the original amount plus 1 months interest. But at the same time, I am really annoyed that they haven't provided any proof that they ever tried to contact me before proceeding with a claim. I have had no default notice and they have refused to supply anything to me and sadly were not directed by the court to do so.

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I am trying to decide whether to inform the court that I am unable to settle without having the documentation that I have requested TC provide or should I negotiate with TC now they are offering a settlement?

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I think you should offer the £124 that you would originally have agreed to repay as a full and final settlement of the matter. Ask for their bank details and pay it that way.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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IF you do do that you need to check with the court that TC have issued a 'Notice of Discontinuance' otherwise you will end up paying twice.

 

Once you get the Notice of Discontinuance you then put in a complaint to the Ministry of Justice about TC's abuse of the court system.

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