Safe loans court action?

[EBOY]

Hi,

I have been served with a court action. I have requested all revelant data and the cca states the loan was for £120. However on the court papers it states the initial loan was for £160.

 

Do I point this out before the case? Is worth defending the action in court?

 

thank you for any assistance.

[silverfox1961]

Hi

I think you may need to flesh this out a little more.

Who is the claimant?

what are the Particulars of claim (try to be vague with figures)

[EBOY]

Safe loans is the company.

 

Claim description is safe agreed to lend £160 on **/**/**. In accordance with the agreementthe applicant claims £15*.** in unpaid balance and £26*.** in loan interest and charges. Plus court fees.

 

Does that explain it.

[EBOY]

Hi,

Anyone know how to handle this situation?

[EBOY]

I have been supplied a copy of an agreement which states -

"This agreement shall be constructed according to the laws of England and Wales whose courts shall be the exclusive courts of jurisdiction"

 

can they therefore take a case to court outside of England or Wales?

[EBOY]

Hi everyone,

I currently have a small claims action against me. A date has been set for next week. However I have just received a letter from the company and they have changed the figures because the origional ones were clearly wrong. The thing is the letter looks to be direct from the company and i don't believe they have updated the courts service about the new figures. Is this legitimate?

 

thank you for any help.

[asokn]

If the figures were in the Particulars of Claim, and they should have been, then the Claimant needs to apply to the court to amend them.

 

Technically speaking, although small claims are a bit of a free for all, the parties are constrained by what they have pleaded and therefore the Claimant wouldn't be able to simply change its case at the final hearing; the pleadings need to be amended.

 

I presume the figures have been changed in a way that is detrimental to you?

 

What exactly did the letter say?

[Guest]

as say. if there is no prejudice, could court under its management powers allow an amendment on the day? also on agreement with parties. either way, would need ct permission. you could also ask for an adjournment if required?

see cpr 17

Edited March 19, 2012 by Ford