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Safeloans ltd -ccj issued


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hi my daughter has had a ccj issued against her from safeloans ltd,she has been on a DMP with cccs for a couple of months now paying them 7 pound a month but safeloans reckon she owes them 594,now she first got a 250 loan but 351.50 is interest and loan charges{what a rip off ] why cant the government do something about these types of loans is beyond me,anyway i want her to put up a defense as the charges/interest is a joke any help on wording for me that i can use on the defense form.

thanks much appreciated

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I take it you mean you have receieved court papers to start the claim? If so you only have a limited time to respond. i

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Thread moved to Legal Issues

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What is the date of issue of the summons please?

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so you have 5 days for service = 2nd Sept then 14 to acknowledge = 16th and then a further 14 days to lodge a defence.

 

You can acknowledge on line...have you acknowledged yet? If not I wouldn't leave it until the last minute.

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If you are going to defend the claim then the first step is to acknowledge the claim...you can do it here

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

You don't have to enter your defence at this stage, just acknowledge and say that you are going to defend.

 

Then you need to get to work on your defence.

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I'll see if I can get some help for you on the defence....I think you'll have to be a bit more detailed.

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ok we have acknowledged the claim online and have ticked to defend part of the loan and also contest jurisdiction because they should not have took her to court as she is already paying them with her DMP thanks

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ok we have acknowledged the claim online and have ticked to defend part of the loan and also contest jurisdiction because they should not have took her to court as she is already paying them with her DMP thanks

 

 

Sorry that is not what "jurisdiction" means. You can only contest jurisdication if you live in Scotland or NI and are issued against in England etc.

 

Also, I'm sure that you are aware but your daughter will now get a CCJ against her for the amount of money you have admitted to.

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Well for a start, a court isnt going to be happy with the creditor using the court system as a first means of debt collection on a debt that isnt old and is being paid by a dmp adhering to legal regulation.

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hi again can anyone help should i not have ticked to defend part of the loan or should i have ticked to dispute all of it,as i was saying before she first took 250 in march rolled it over because she couldn't pay it ,but she didn't actually get the money and they have also added interest and loan charges on top so that's 351 interest she has to pay thanks

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OK sorry to be pain but as we are defending part of the claim for interest and loan charges do we need a solicitor to help with this ,if so we really cant afford one,so we are basically stuck thanks

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You should have ticked to defend ALL of the claim.

 

You do not have to contest jurisdiction as the defendant it will automatically be referred to your nearest court in the event that the claimant decides to continue once they have seen your defence.

 

Just having a quick read of what has been said so far. .

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so you have 5 days for service = 2nd Sept then 14 to acknowledge = 16th and then a further 14 days to lodge a defence.

 

You can acknowledge on line...have you acknowledged yet? If not I wouldn't leave it until the last minute.

 

Ok your defence will need to be in by the 30th September - suggest you get it in at the very least a couple of days earlier.

 

Can you please tell us exactly what it says on the claim form.. in the larger box lower down.. the reason they are taking you to court ?

 

When did your daughter take out the loan - when did she default on regular payments and need to go into the DMP and why.

 

Do you have written confirmation that they will accept the lower payments.

 

Are you dealing with the DMP yourself or is there a company/charity dealing with this for you.

 

Was there any attempt to have the interest and charges frozen.

 

Can you please answer all the questions above.. then we might be able to help you put a defence together.

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Ok your defence will need to be in by the 30th September - suggest you get it in at the very least a couple of days earlier.

 

Can you please tell us exactly what it says on the claim form.. in the larger box lower down.. the reason they are taking you to court ?

 

When did your daughter take out the loan - when did she default on regular payments and need to go into the DMP and why.

 

Do you have written confirmation that they will accept the lower payments.

 

Are you dealing with the DMP yourself or is there a company/charity dealing with this for you.

 

Was there any attempt to have the interest and charges frozen.

 

Can you please answer all the questions above.. then we might be able to help you put a defence together.

 

Hi sorry but I am working away at the month and won't be home till friday then I will let u know what it says on the claim form.She has been on her dmp for just about 3 months and no letter to say they have accepted dmp and as far as I'm aware not sure on frozen interest and she went on dmp because she got into too much debt with paydays loan upto 5 different companys I think.would there be anyway fOr us to change the defend part of the cliam to defend all of the claim or is it to late now thanks for u help

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Hi sorry but I am working away at the month and won't be home till friday then I will let u know what it says on the claim form.She has been on her dmp for just about 3 months and no letter to say they have accepted dmp and as far as I'm aware not sure on frozen interest and she went on dmp because she got into too much debt with paydays loan upto 5 different companys I think.would there be anyway fOr us to change the defend part of the cliam to defend all of the claim or is it to late now thanks for u help

 

Sorry she is on Dmp with cccs thanks

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Interesting to note that one of the Directors of this Safeloans is also a Director of the BCCA British Cheque Cashers Association - It is interesting reading their code of conduct too....I would suggest that if you are in a repayment plan and you do come to an agreement then you report them to the OFT or if you aren't happy with the excessive penalty charges then ask for them back, if you aren't happy with their response then you can open a complaint with the FOS who will charge them £450+ just to investigate your complaint. - this is their self made 'code of conduct' - http://www.bcca.co.uk/Uploads/Consumer%20Code%20of%20Practice%20V4%281%29.pdf

 

If they are in breach of their own code of conduct then it would be a breach under CPUTR2008

 

It clearly says that they have to act 'fairly'

Edited by 42man

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" Would there be anyway for us to change the defend part of the cliam to defend all of the claim or is it to late now thanks for u help "

 

If you submit a defence on MCOL it will be treated as a full defence so don't worry about selecting the wrong option.

 

Regards

 

Andy

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sorry for the delay this is what it says on the claim form thanks

 

'The claimant agreed to lend the defendant under a fixed loan agreement dated 30 th march 2012 the sum of £250.The Defendant agreed to repay the loan in full or an agreed date to extend the loan paying a further service charge.On 30/04/2012 the defendant failed to repay the claimants loan or extend and the defendant is in default of the terms of the loan agreement.The Defendant has agreed to pay the Claimant's expenses charges,in the event of any default as set out in the terms of the agreement..The Defendant has failed to make payment to the Claimant in accordance with the terms of the loan agreement....And the Claimant claims..1.The amount of £250 loan amount...2.Interest and loan charges of £351.50...5 The claimant claims statutory interest at 8% up until the date of judgment or settlement,under section 69 of the County Court Act 1984...4The Claimant total claim is £594.37....Date: 23 august 2012

 

Amount claimed £594.37

court fee £55

Solicitors cost £0

Total amount £649.37

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You need to issue a defence that contests the loan plus interest charges. Also use any and all communication ( or lack of) against them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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