Safeloans issued Court Summons - please help

[renegadeimp]

get EVERYTHING in there so the court can see for themselves what a bunch of muppets they are. The PDL didnt accept your defence because they hoped theyd get a judgement by default, and theyre running scared basically saying "it wasnt me guv'nor".

[loofyllis1972]

Should I put a covering letter in pointing out the discrepancies, or will that just aggravate a judge having it pointed out to them?!

 

Sorry to ask so many questions, have never done this before. Thanks for all your patience x

[renegadeimp]

Just send the defence in order. When you make an appearance at the court, you can then guide a judge through it all. The main thing to do is to get the evidence in and in the correct order.

[loofyllis1972]

Everything I had received up to getting the Claim Form was sent to the Court as my defence... all this correspondence is after it went in. So all this afterwards just needs to be sent in with a covering letter with the claim number?

[renegadeimp]

I think so. Someone else should be able to confirm that though. If you gathered all that after the defence went in, then the court isnt going to think very well of the PDL. It's basically making a mockery of the court system and proves that they are desperate to settle out of court, albeit they are still harassing to try and scare you into it.

[havinastella]

Everything I had received up to getting the Claim Form was sent to the Court as my defence... all this correspondence is after it went in. So all this afterwards just needs to be sent in with a covering letter with the claim number?

 

 

Yes.

 

Covering letter as simple as possible x x

[ihateyes]

interesting.... have you a date for your case......

[loofyllis1972]

interesting.... have you a date for your case......

 

No, no date yet... why interesting? Have you had dealings with them too?

[ihateyes]

No, no date yet... why interesting? Have you had dealings with them too?

 

Ive never dealt with Safeloans, interesting the fact their figures keep changing.... id love to know that the judge says to them....

[sillygirl1]

If this is held at Croydon court I could come along as a Mackenzie Friend (somebody who can help at court) and witness their embarrassment.... it is a very sloppy claim indeed.

 

This highlights why you must keep a correspondence trail going as soon as you are in difficulties so the judge can see they only want to deal with you on the phone, where you would not necessarily have any record of what was said and agreed... and that they are using court as a means of debt collecting.

[loofyllis1972]

Thanks for the kind offer SillyGirl... could use some moral support! However, really hope it WON'T be in Croydon, as I am down in Cornwall!!!

[renegadeimp]

Cornwalls a lovely area. I'm heading to padstow with the fam this year for our holiday

[sillygirl1]

It should be transferred to your local court in that case.

 

I haven't been to Cornwall.

[loofyllis1972]

Very close to Padstow Renegade... in fact, we were there yesterday! Had a fantastic carrot cake icecream! (Really, it must be tried!)

 

Aside of that, guessing it will probably go to Bodmin then... I hope! Maybe they are faffing about as they've just realised where I am and wondering whether it's worth sending someone down here!

[renegadeimp]

The case will get allocated to the court nearest to you that can deal with the issue.

[loofyllis1972]

I have today received the Allocation Questionnaire, and have a couple of questions to clarify things in my mind before I send it back...

 

Where it asks 'Location of Hearing' do I just put in my local County Court? And what can I give for the reasons? Are they likely to put it near me in Cornwall, or am I more likely to be expected to go off hundreds of miles?

 

Any thoughts on the Mediation Service? Is it worth ticking yes, and seeing if they can get any sense out of them? Does anyone have any experience of using this service?

 

And fees.... it asks if I have sent the appropriate fee for filing the aq, but gives me no clue as to how much this is....

 

Thanks again for the advice, and sorry to keep asking questions which probably appear quite obvious to some of you. Having never been through this process before, I am finding the advice here invaluable!

[sillygirl1]

You don't need to do a fee for filing the AQ, that is the claimants responsibility.

 

You ask for the mediation service and then they send you a letter with a phone no, you ring and make an appointment and they let the claimant know.

 

It will automatically be transferred to your local court but it is always worth ticking yes, transfer to your court (put the name if you know it).

 

We were in the same boat once before the internet opened up this type of help to everyone!

[loofyllis1972]

Yet another communication from my friends at Safeloans today.... copy of the AQ plus the following letter....

 

Dear Miss xxx

 

Please see attached Allocation questionnaire as served upon you and the Court.

 

Again the claimant invites you to settle our claim, as we are mindful of the increased cost in this claim, and we are further reluctant to protract further costs in this matter. If this claim does proceed to hearing, we will ask the District Judge for a cost to be paid by you.

 

We hope to hear from you in due course to see an end to this matter.

 

Yours sincerely

 

I am getting hearily sick of their 'communications', which having gone through again today, fail to acknowledge my offer to them at any point.

 

What costs can they ask for from me? Are they trying to avoid court, by me getting so worn down I settle just to get them off my back? They are aware that I am now in receipt of Income Support, I have offered £20 per month. Is the Judge likely to make me pay substantially more than this?

 

Any thoughts, please. Thanks again.

[renegadeimp]

Theyre trying to settle out of court as usual. They know they are VERY unlikely to win so theyre using this time to scare you into paying.

 

It's a typical move by almost every PDL when you file a defence.

 

If you go ahead with a defence, they probably wont even turn up at court. And if they do, its usually some misguided rep who knows very little about the debt or law.

[sillygirl1]

Their claim is not strong, and they are panicking because you have entered a defence they cannot counter argue with legalities.... so now the tables have been turned they are not happy bunnies.

 

I would reply back and remind them that you can only afford £20 a month and state the amount you are repaying, ie the original loan and interest as per the contract, less anything already repaid and state this latest batch of communication is going to the court.

 

When you do the covering letter for the court remind them that it is against debt collecting guidelines to use court as a means of debt collecting and that you had already made them the most affordable offer you could make.

 

As you are on income support the judge may very well tell you the MAXIMUM you can pay is £1 a month as this is a low priority sub-prime creditor.

 

The courts themselves may suggest that the claim then be dealt with by a mediator who can then report further on Safeloans ability to take people to court based on their t&cs.

[loofyllis1972]

Thanks again sillygirl, I have emailed them today and told them that I note their comments, reiterated my offer, and advised that their continual communication is also being added to my defence.

 

I am getting worried sick about this....

[JOHNINYORK]

Just a quick question.Do all county courts have a resident solicitor,where you can get advice before a court hearing.The reason that I ask,is that York county court has one.I think he is there for one morning a week,no appointment,first come,first served.

I do not know if this will be of any use to anyone.

 

http://www.cccs.co.uk/InfoCentre/EnglandandWales/Creditoraction/Courtaction.aspx

 

Regards,John.

[sillygirl1]

Don't worry so much, you have done nothing wrong, you have continually offered to repay and they have stubbornly refused, they are in the wrong not you.

 

A duty solicitor is usually only available for repossession cases and won't be able to help much with a payday loan case. I am hoping that they won't pay the allocation fee (bet they forgot they would be liable for that) and that they are the ones now panicking as they will have to pay somebody to go to court for them - who will most likely not be able to do much.

 

There is nothing the duty solicitor could do in this case that hasn't already been done to date and it might even hinder your case as he will not be able to counter argue very effectively, being mostly there for repossession cases. Good advice but not for this case.

 

All you need do now is sit back and wait for the court date, until you get one there is nothing you can do that you are not already doing - if you can I would put the money to one side and take it to court with you (it could be a couple of months before the case is heard) and then you can give it to the Court Clerk on arrival and ask that the judge be aware that you have the funds to cover the last few months. It would look very very good on your part.

 

.

[daisy72]

i had a payday loan with safeloans which i defaulted on. But my repayment was for £55.00 a month. I've now paid it off they were okay with me as long as they were kept up to date with all communication. Hope this helps.

[loofyllis1972]

Have mediation call appointment now... does anyone have any advice they can offer on this? Not sure that it will be much help, as they haven't budged so far, but worth a try....