safe loans - court papers issued 20/08

[AndyOrch]

Get back to later this afternoon Lady

 

Regards

 

Andy

[Lady never again]

Get back to later this afternoon Lady

 

Regards

 

Andy

 

Hi Andy- I found some information from when i took the original loan amount out- it sais"Interest is charged on a daily basis at 0.85% which cculmative at 29% over 30 days. This amounts to £29 per month per £100 borrowed. I took a loan out of 50.00 on the 16/05 and then I topped it up for another amount at the beginning of june- I thought it was a further 100 but I can't find any paper work e-mailed to me over this additonal amount but the claim form says i borrowed 188 in total - I told them I couldnt pay in June.I hope that this helpsThanks again for all your help

[Lady never again]

Hi there- was just wondrin if anyone had seen my post today - just i've got to file the defence by 4.00 tomorrow- Sorry don't mean to be hassling anyone- especially after all the advice I've had up to now.

[Lady never again]

Hello there I've been getting some advice from your goodselves on defending the court claim I've been issued with and I was asked for some info re the credit agreement and I replied this morning, however I don't know if I 've replied correctlty because I haven't heard anything. I've got to defend by 4 tomorrow so I was just worried no one had seen my updated reply.Don't mean to be hassling anyone after you have been so great up to now but getting a bit jumpy with my deadline loomingregardsladyneveragain

[blu ray]

im sure andy will respond lady i think hes here more in mornings so just send him a pm

[Lady never again]

Hi blu ray sorry for being thick but whats a pm and can i reach him direct- just got to get this defense filed before tomorrow 4pm and i have to go to work tomorrow

[blu ray]

pm is private message, if u click on his name u should see option to send message to him

[Lady never again]

Hi there is there anyone out there who could help I've got to submit a defense re safeloans by 4.00 today I have been receiving help from yourselves but i haven't heard anything for a couple of days and at lunch time I'm just going to have to put forward what i think is best on the online serice re the claim. My thread is under"Payday loan company claims and litigation "with all of the details. Any help much appreciated

[ims21]

Three threads merged.

 

I have flagged this to the team for you

[citizenB]

I am not able to help you put a defence together however, from what I have read, you should simply tell it like it is.

 

That you were in a repayment plan with them.

That on DATE they emailed you to say the account was closed and you owed them nothing.

You contacted them on X number of occasions by email and they continued to confirm that you owed them nothing and indeed they even offered you another loan.

 

Then on DATE they contacted you to say that you owed them £X and even suggested that you had made no payments to the loan at all - which is untrue

 

You admit to owing £ however much is genuinely outstanding from the original loan + 1 month's interest and not the amount they are claiming.

 

HTH

[AndyOrch]

the claimant provides the defendant an agreed credit limit under a running account agreement dated 6 J une 2011(short term lending) to the sum of 200.00. The account has no fixed duration.enabling approved sums to be drawn up to the credit limit. Each drawdown plus interst will be repayable within 30 days from drawdown date, the repayment date was 30/06/2011 the defendant has not given any notice to pay the claimant early or in part and the account is still outstanding to the sum of of 398.65 The claimant is also entitled to the interest stated in the terms of the agreement. the defendant failed to repay the account1 the claimant claims The amount.

 

188.00 loan2

 

Loan interest 285.65

the claimant total claim 398.65The claimant claims stat interest 8% up until the date of judgement or settlement

[AndyOrch]

Lady can you check the PoC above and state what is true and untrue.

 

Regards

 

Andy

[Lady never again]

Lady can you check the PoC above and state what is true and untrue.

 

Regards

 

Andy

 

Hi andy with regards to the above- I don't have a great deal ap paperwork from when I actually took the loan out I did get some info stating interest would be charged at .85% culmative at 29% over a 30 day period but as far as I am aware after checking through my documentation I borrowed originally 150. and then I thought i borrowed a further 50 within the first 30 days- I then informed them at the end of june that my circumstances had changed and i asked them to set up a repayment plan ad stop all interest and charges other than the loan amount and interest. I'm not sure where the 188 figure is coming from to be honest, I have up to now repaid £175.

[AndyOrch]

DEFENCE:

 

1. Paragraph 1 is admitted with regards to the amount I borrowed. £150 on the XXth XXXXX.XXXX and a further £50 on the XXth XXXXX XXXX

2. Paragraph 2 is denied I have made payments of £ xxxxx on the following datesxxxxxxxx and repaid a total of £175.00

3 Paragraph 2 is denied I agreed a repayment plan of £ xxxxxx payments on the understanding that all interest and charges would stop

3. Paragraph 2 is denied with regards to the Defendant owing £200.00 monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has reached the amount claimed for

 

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed apart from the small balance outstanding.

 

 

Ok check that over and edit to suit if there are errors, when you are happy with content copy and paste in MCOL and print your receipt as proof of submission.

 

Regards

 

Andy

[Lady never again]

DEFENCE:

 

1. Paragraph 1 is admitted with regards to the amount I borrowed. £150 on the XXth XXXXX.XXXX and a further £50 on the XXth XXXXX XXXX

2. Paragraph 2 is denied I have made payments of £ xxxxx on the following datesxxxxxxxx and repaid a total of £175.00

3 Paragraph 2 is denied I agreed a repayment plan of £ xxxxxx payments on the understanding that all interest and charges would stop

3. Paragraph 2 is denied with regards to the Defendant owing £200.00 monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has reached the amount claimed for

 

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed apart from the small balance outstanding.

 

 

Ok check that over and edit to suit if there are errors, when you are happy with content copy and paste in MCOL and print your receipt as proof of submission.

 

Regards

 

Andy

 

Thank you so much Andy its ready to go, I've had a bit of a nightmare getting on the on line site - Its experiencing problems and has locked me out, however I managed to get through to them via phone and it turns ou i have till Monday 4.00 to get the defence put on, she's told me to leave it for a couple of hours and I'll still try and get it on today- You have been a life saver- I will ceratinly let you know how I get on, Many many thanks to you and everyone else too!!!

[citizenB]

Lady never again, is there an update on this situation, please