Safeloans issued Court Summons - please help

[loofyllis1972]

Thanks sillygirl... shall get in the post in the morning. Fingers crossed!

[loofyllis1972]

All gone off in the post today.... Thanks for all of those who have offered their wise words and assistance... I shall keep you all posted on what happens next!

Thanks again.

[loofyllis1972]

Just a quick update... today I have received the following email:

 

Dear xxxxx

Current Balance Outstanding as of 27/04/2012, £637.25

Loan Reference no: xxxxxx

 

REQUEST FOR JUDGMENT IMMINENT- FINAL SETTLEMENT OFFER

 

This is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent. We must warn you that a CCJ are legal decisions handed down by County Courts, judgments for monetary sums are entered on the Register of County Court Judgments, which is checked by credit reference agencies to assess the credit-worthiness of individuals. A CCJ will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered. If you do not pay your CCJ debt there are still a number of enforcement actions available to us.

What is Request Judgment ? We are at the stage with legal proceedings where we will inform the court that you have not paid the debt outstanding and we will ask the court to "Request Judgment," you will then be registered with a "CCJ." We have always followed the courts directive to mediate and even at this last stage we would prefer you to settle your account. We are giving you an additional 10 days to settle your account in full. If you take this action we will stop with immediate effect the court proceedings, you will not be issued with a CCJ and your account will be updated to show paid in full and final settlement of account. Failure to settle your account by this date will mean we will "request judgment." You can confirm your acceptance of this offer by contacting the litigation department who will be able to assist you.

 

IMPORTANT PLEASE READ

 

We will accept in full and final settlement a substantial 20% discounted balance of £509.80 which must be paid in full and no later than the 07/05/2012. This last offer is not negotiable and must be paid in full by the date shown.

 

Yours sincerely

Safeloans Ltd

 

1st & 2nd Floor

30 Church Street

Croydon

CR0 1RB

 

Tel-020 86800990

http://www.safeloans.co.uk

 

Have sent of acknowledgement of service, and also my complete defence, to the Court.

 

Surely they are aware of this by now, and that I intend to defend the claim? And I was under the impression that timescales, and indeed the whole process, could not be altered... once the ball is in motion, so to speak!

 

So has anyone any advice on this latest from them? Should I reply and re-iterate that I am defending the claim? Or should I just sit it out? Advice please.....

 

Thanks.

[renegadeimp]

Get that letter to the OFT. It's bullying and harassing.

 

because you've already sent your defense to the court, it really sounds like youve got them scared, and theyre trying to force an out of court settlement.

[sillygirl1]

I would send it to the court with a covering letter stating your case number and ask for a judge to strike out the case on the grounds they are clearly using court as a first resort collection method.

 

Then I would get the message to the OFT, Trading Standards and the Ministry of Justice (for what it is worth) who would be very interested in that effusion.

 

I am in Croydon tomorrow and can take a picture of their offices, it is not far from where I will be having a knitting breakfast!

[sillygirl1]

Off to Croydon now, will get a pic of their offices, think I know exactly where they are anyway!

[loofyllis1972]

Hi SillyGirl! Would be interested to see what their offices look like... possibly not as grand and important as the address suggests!

 

Also had a text message this morning.... simply stated 'the litigation process continues. Please read email.'. They just don't seem to want to let the court decide.

 

Have already informed OFT of this case, but will send a copy email to them.

 

Regarding asking the court to 'strike out' I didn't know that I could do that.... what are the implications of doing so? Could Safeloans just turn round the next day and issue a new summons? And how do I show that they are using the court as a first line of debt collecting?

 

Hope you had a good knitting breakfast!! Thanks.

[loofyllis1972]

Amazingly, in the post today an IDENTICAL copy of the email turned up! Not sure what to make of all this.... will inform the OFT (have already copied them on the email and text message) but this is surely overkill?

 

They must know by now that I am defending the claim, surely? And if they do, what on earth are they playing at? No need to remind me that they are already seeking judgement, I know that!

 

Any advice?

[sillygirl1]

Haven't really got any except keep hold of that letter.

 

BTW this lot are also known as N Bolton Personal Finance Ltd and have a number and another address posted in local shops..

 

Here is their office door

[sillygirl1]

Just keep that for reference....

 

I will upload pic of their office tomorrow... having minor IT problems tonight.

[loofyllis1972]

Thanks for that.... Has anyone ever heard of N Bolton? Will be interested to see their office....

 

And yes, shall hang on to the letter - getting a bit fed up with it now!

[sillygirl1]

As promised, pics of their offices, on the corner of Church Street and North End, Croydon.

 

N Bolton operate from same offices, will get a pic of their card later on - had dealings with them a long time ago and they were reasonable. No dealings for about 5-6 years though.

 

Right, for some reason I can't upload the pics, they don't seem to show ANYTHING... however I am in Croydon again on Saturday and can get some more taken.... my phone has been a bit iffy lately.

[JadedGirl]

Want me to write out a letter for you that puts them firmly in their place? I've also got a few legal tidbits should they try and add on extra charges/interest

 

Also, scanning that letter and posting it up as suggested above would be VERY helpful.

 

 

Yes, please do write that letter. I need all the legal tidbits that I can get.

 

Our scanner/ printer is quite busted at the moment and I will see if I can get this scanned outside.

 

Thanks for all the help(I will certainly need all the help I can get-even I have a bad feeling about their response).

[LaughingGirl]

As promised, pics of their offices, on the corner of Church Street and North End, Croydon.

 

N Bolton operate from same offices, will get a pic of their card later on - had dealings with them a long time ago and they were reasonable. No dealings for about 5-6 years though.

 

Right, for some reason I can't upload the pics, they don't seem to show ANYTHING... however I am in Croydon again on Saturday and can get some more taken.... my phone has been a bit iffy lately.

 

Pssst...SG, the picture that you've posted is of a rather fetching piece of crochet.

[freakyleaky]

Pssst...SG, the picture that you've posted is of a rather fetching piece of crochet.

 

[sillygirl1]

Sorry, my phone is on the blink, I get it changed tomorrow so should get another pic on Saturday.

 

I actually did that bit of crochet myself watching Coraline on tv, it was quite straightforward for me!

[Clarkeyuk]

Any updates on the court hearing?? I would love to see the PDL companys fall hard in court

[loofyllis1972]

RESULT!!!! Of a sort anyway....

 

Text received today stating that 'they were continuing with court action, please see email'. Logged on, to find this:

 

Letter Date 11/05/2012

 

Your account reference number: xxxxxx

Please quote your account reference number in all communications

 

Re: Safeloans Ltd v xxxxxxxx

Court Case Number:

 

Balance owing on your account as of today's date:11/05/2012: £210.75

 

REQUEST FOR JUDGMENT IMMINENT- FINAL SETTLEMENT OFFER

 

Dear xxxxxxxx

 

This is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent we will inform the court that you have not paid the debt owing and we will ask the court to "Request Judgment," you will then be registered with a "CCJ." A judgment will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

IMPORTANT PLEASE READ- As you are aware we have tried to negotiate with you throughout the arrears status on your account. The Courts directive is to try and "mediate settlement". Even at this late stage we offering you 2 discounted option's to settle our claim.

 

1/ A substantial 30% discount off the balance owing, your new discounted balance is £147.53, to take up this offer the account must be repaid in one payment and by 25/05/2012. For this offer the payment must be made by a valid Debit Card and we will set up an automated collection for the date agreed with you.This action will settle your account and stop proceedings. Please note you must contact us no later than 21/05/2012 with your proposal

 

2/ A 15% discount off the balance owing, your new discounted balance is £179.14, this payment arrangement is set over two months. The first payment must be made on / before 25/05/2012. This action will settle your account and stop proceedings. For this offer the payment must be made by a valid Debit Card and we will set up a payment plan on our system for automated future payments on the date agreed with you. Please note you must contact us no later than 21/05/2012 with your proposal

 

If you have any queries please do not hesitate to contact the litigation team who will be able to assist you on 020 82534132 / 020 82534133 or 020 82534140. You may also send a letter or email your queries to: [email protected] If your first re-payment date is more than 7 days away you will need to make a “Token” (Goodwill Payment). Because of the seriousness of the account status a minimum token payment £20.00 must be paid to allow us to enter in to payment arrangement with you.

 

Regards

Safeloans Ltd

1st & 2nd Floor

30 Church Street

Croydon

CR0 1RB

 

http://www.safeloans.co.uk

020 8680990

 

So.... we have dropped from nearly £700 to actually less than I stated on the court papers (£210.00 - this being the loan amount plus 1 months interest).

 

This seems like a good deal from them, but as I stated in my defence, I am now on Income Support, and to be brutally honest, though I would like to take them up on the two month offer, I will struggle to find this amount. I am also VERY nervous about giving them my debit card number, and they are basically saying without this, no deal.

 

Also, how can they stop the court action? I assumed once a defence had been submitted, the process had to continue? Please can someone correct me here if I am wrong!

 

I am puzzled as to why they have suddenly 'rolled over' in this fashion.... should I let it continue, and let a judge decide? Have they done this because they haven't a leg to stand on, and now they have made this offer would look 'better' in court? Hmmmm, decisons decisions.

 

Any feedback from someone with a little more legal knowledge, or prior experience, would be appreciated.

 

Thanks,

[renegadeimp]

Its funny how theyre assuming they will win a court case

[citizenB]

RESULT!!!! Of a sort anyway....

 

Text received today stating that 'they were continuing with court action, please see email'. Logged on, to find this:

 

Letter Date 11/05/2012

 

Your account reference number: xxxxxx

Please quote your account reference number in all communications

 

Re: Safeloans Ltd v xxxxxxxx

Court Case Number:

 

Balance owing on your account as of today's date:11/05/2012: £210.75

 

REQUEST FOR JUDGMENT IMMINENT- FINAL SETTLEMENT OFFER

 

Dear xxxxxxxx

 

This is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent we will inform the court that you have not paid the debt owing and we will ask the court to "Request Judgment," you will then be registered with a "CCJ." A judgment will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

 

There is no guarantee they WILL win their claim - that is for the Judge to look at the facts and make that decision

 

IMPORTANT PLEASE READ- As you are aware we have tried to negotiate with you throughout the arrears status on your account. The Courts directive is to try and "mediate settlement". Even at this late stage we offering you 2 discounted option's to settle our claim.

 

1/ A substantial 30% discount off the balance owing, your new discounted balance is £147.53, to take up this offer the account must be repaid in one payment and by 25/05/2012. For this offer the payment must be made by a valid Debit Card and we will set up an automated collection for the date agreed with you.This action will settle your account and stop proceedings. Please note you must contact us no later than 21/05/2012 with your proposal

 

2/ A 15% discount off the balance owing, your new discounted balance is £179.14, this payment arrangement is set over two months. The first payment must be made on / before 25/05/2012. This action will settle your account and stop proceedings. For this offer the payment must be made by a valid Debit Card and we will set up a payment plan on our system for automated future payments on the date agreed with you. Please note you must contact us no later than 21/05/2012 with your proposal

 

If you have any queries please do not hesitate to contact the litigation team who will be able to assist you on 020 82534132 / 020 82534133 or 020 82534140. You may also send a letter or email your queries to: [email protected] If your first re-payment date is more than 7 days away you will need to make a “Token” (Goodwill Payment). Because of the seriousness of the account status a minimum token payment £20.00 must be paid to allow us to enter in to payment arrangement with you.

 

Regards

Safeloans Ltd

1st & 2nd Floor

30 Church Street

Croydon

CR0 1RB

 

www.safeloans.co.uk

020 8680990

 

So.... we have dropped from nearly £700 to actually less than I stated on the court papers (£210.00 - this being the loan amount plus 1 months interest).

 

This seems like a good deal from them, but as I stated in my defence, I am now on Income Support, and to be brutally honest, though I would like to take them up on the two month offer, I will struggle to find this amount. I am also VERY nervous about giving them my debit card number, and they are basically saying without this, no deal.

 

I am a little concerned about this as well - fact is, if you agree to this "deal" and then renege on it - you will be in default and they can request immediate judgment.

 

Also, how can they stop the court action? I assumed once a defence had been submitted, the process had to continue? Please can someone correct me here if I am wrong!

 

No, they can discontinue a claim prior to the hearing especially in circumstances where you both agree because both parties have come to an arrangement to settle - this is generally done by way of a Consent Order, and I see no mention of this here

 

I am puzzled as to why they have suddenly 'rolled over' in this fashion.... should I let it continue, and let a judge decide? Have they done this because they haven't a leg to stand on, and now they have made this offer would look 'better' in court? Hmmmm, decisons decisions.

 

Any feedback from someone with a little more legal knowledge, or prior experience, would be appreciated.

 

Thanks,

 

I am responding to the S.O.S of another team member.

 

You have entered your defence and the hearing date is, when ?

 

If you were to lose, then you could make a request to pay by installments. I dont think they can demand that you hand over your debit card details - it is for them to provide you with details of their account in order that you may make the payments!!

 

Their demand is pretty much like the loan sharks of old would make in demanding that borrowers would hand over their child benefit or pension books!!

 

Have you posted your defence on the thread, I confess I havent read back to the beginning.

 

I would like for other people to comment and you do have a couple of days in hand.. so please hold tight for a while.

[sillygirl1]

Get that message to the OFT pronto, they are going completely bananas and are misrepresenting what can happpen if they get a judgement if you do not defend.

 

Please please please report this as it is a complete abuse of the system.

[loofyllis1972]

I am responding to the S.O.S of another team member.

 

You have entered your defence and the hearing date is, when ?

 

If you were to lose, then you could make a request to pay by installments. I dont think they can demand that you hand over your debit card details - it is for them to provide you with details of their account in order that you may make the payments!!

 

Their demand is pretty much like the loan sharks of old would make in demanding that borrowers would hand over their child benefit or pension books!!

 

Have you posted your defence on the thread, I confess I havent read back to the beginning.

 

I would like for other people to comment and you do have a couple of days in hand.. so please hold tight for a while.

 

Yes, my defence is on here, page 3 I believe! I kept it short and simple...

 

My defence has been entered at the court, but no AQ yet, or hearing date.

 

I am concerned about the debit card details, they have played a game so far, and am just concerned that they will take heaps more than they have agreed, or that the sum owing will magically increase if I do.

 

Just seems odd that since I entered my defence, they are prepared to back down from nearly £700 owing to less than I admitted on my defence! This almost makes me tempted to take it all the way, as although they seem convinced they will win, they have backed down hugely.

[loofyllis1972]

Get that message to the OFT pronto, they are going completely bananas and are misrepresenting what can happpen if they get a judgement if you do not defend.

 

Please please please report this as it is a complete abuse of the system.

 

In hand now SillyGirl, have copies of everything that keeps turning up, and forwarding it as it does!

[loofyllis1972]

Its funny how theyre assuming they will win a court case

 

I did admit to £215 in my defence, so suppose as I have admitted it they would win.... but as posted earlier, just find it odd that as soon as a defence is entered, they roll over to the tune of nearly £500!

 

Would it be worth emailing them and re-iterating my offer I made on the court defence form? That was £20 per month, so would still be paid off within 12 months at the full amount they now say that I owe.

 

One part of me wants to take it all the way, the other thinks that with this reduction I would be daft to push my luck....

[renegadeimp]

Take it all the way with as much evidence as possible. whats happened is they thought they could win by default. You submitted a defence and now theyre scared so they try to settle out of court, hence the massive reduction.

 

You need to get all this in front of a judge, force a rep to go to court and explain it in front of a judge. the key is to not back down and make sure you have complete proof of their actions.