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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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chezelle82

safeloans want intrest after 60days

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Ok as said before you need to dispute it in full.

 

I'd submit the following as a defence to the Court:

 

On xxx date I borrowed £200 from Safeloans LTD which is a payday loan company, offering short term loans at xxx interest rate.

 

On xxx date I failed to repay the full amount of the loan due.

 

On xxx date I repaid the amount of xxx

(list payments made here)

 

Having repaid £380 I feel I have settled the debt with this company in full, the Claimant is adding fees and charges on this settled debt.

 

The additional charges and interest are not listed so I do not know how they have calculated these.

 

(Include any correspondence trail here for reference)

 

The Defendant would also like to draw the Courts attention to the fact that the Claimant has falsely claimed that there would already be a Judgement and claims the Defendant would have failed to make payment in accordance with the Judgement Order.

 

(add email you got on 12th oct here)

 

This is a statement of truth by xxx on xxx

 

You will need to insert some details like dates, but its essentially just an adapted version of the defence sillygirl1 posted here, cause why reinvent the wheel?

 

Then just send it off to the Court, recorded delivery of course.

 

Its a wee bit sneaky to put in the reference to the false claims from that email in the defence, but frankly safeloans deserves their tactics to be exposed to the Courts, plus it can't hurt if you can drag their credibility down to subzero with just one email.

 

 

 

t is essential that you contact us IMMEDIATELY, you are now in breach of the terms of your Loan Agreement, It may be that your debit card details have changed, or that there were insufficient funds in your bank, or that personal circumstances made payment impossible yesterday. Whatever the reason, you need to ensure that your payment is made today without any further delay.

 

At this point you can just ignore any such drivel safeloans sends you.

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Fab thanks for your help in this matter I will get it written up and posted tomorrow, shall I send copies of payments I made to them and copies of emails they Sent or just copy and paste the email and add it on???

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I would add copies of proof of payment yes, plus a print out of the email from the 12th.

 

You could also still show it at the hearing in Court if it ever came to one, but frankly there is a reasonable chance Safeloans will be too scared to pursue you any further anyway after the Court has seen the email of a made up Judgement.

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RIGHT THEN so filled the form out got copys of the emails an statments they sent signed the form will post tomorrow anything else i need?

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yes, thats all for now, we will have to see what they do next, back out, mediation or try to push on with the claim.

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haha, they just keep hammering nails in their own coffin.

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We wrote to you just over a week ago but as yet you have not responded to our letter. You have still not made any contact or any attempt to pay the outstanding (CCJ) judgment debt of £227.81. We are now left with no option but to seek enforcement action in requesting an Attachment Of Earnings Order at your local county court on the 26/10/2012. We wish to advise you that if we obtain the attachment of earnings order this process will involve your employer providing the court with a certificate of your earnings and if a full attachment of earnings is granted the court will order your employer to make deductions from your salary. Additional fixed court fees will be added to the (CCJ) judgment debt.

 

This intended action can be avoided. We would rather mediate the repayment of this loan with you and have 3 repayment options for you to consider. Special Note: If you have previously entered in to a repayment plan with us and you have failed your repayment, the below options and offers will not apply to you. You must contact the office on 0208 6800990 please press option 2 and you will passed to a collections operative who will be able to assist you.

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Well it's gone up and still says obtained judgement

Even tho they say it's passed to collections

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Lovely, what they've sent now is so bad it will put their claim with the court as well as their credit license in very serious trouble.

 

If you want to you can reply, something along the line of:

 

Something simple along the lines of this would do.

I have been in contact with the Court and what the Court said about the case does not match your version.

 

It should be enough to tip them off that they are in very serious trouble and hopefully they would then leave you alone.

 

If they then still keep sending stupid stuff, reply with a short time line:

 

April 2012, Court claim filed, no Judgement has been made according to the Court.

8th October 2012, Email received mentioning intent to file court claim.

12th October 2012, Email received with claim that a Judgement was obtained.

20th October 2012, Email received with different sum for same debt an d again the claim that there would have been a Judgement as weoll as the claim that the debt would have been passed to collections.

 

Above information complete with full supporting evidence will be presented in Court if there ever will be a hearing about eh claim, in the meantime it has been forwarded to the OFT, FOS, Trading Standards as well as the Media.

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Thanks.... there doing my head 'right in, the court should have hopefully of received my letter friday so hope they reply..

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They may think they are like the bullies at school who can get away with whatever they want cause the teacher has no real power, but this is the real world and there is no Teacher but rather a Judge and they won't get away with their bullying.

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So gets a letter off the court today along with my defence back saying i was over the 19days to get it back in from when the judgment Was requested???? Hold on there wasint any judgment when I rung up and If there Was it was well back in time :( they now want £80 to continue with the application....

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19 days from when the judgement was requested isn't the same as there being a judgement, i'd phone the Court and ask for clarification.

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they said they obtained a judgement on friday and she said i didnt get my defence back in quick enough i explained that i hadint recieved any paperwork and that i rung up last week and nothing was on file that they had requested or anything only saying about april where they sent a claim form out etc, and she said i must of done which i never she was a horrible womon i just checked my credit report and theres a ccj on that now!!!!

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Ok, lets just sum up the basic info for now:

 

April 2012, Court claim filed by PDL Company Safeloans, no Judgement has been made according to information from the Court as per phone conversation on the 15/10/2012, you where not aware claim existed as no paperwork received from Court, Court promised to resend paperwork for defence and did so.

 

8th October 2012, Email received from Safeloans mentioning intent to file court claim if alleged debt is not settled within 14 days.

 

12th October 2012, Email received from Safeloans with claim that a Judgement was obtained and you supposedly defaulted on it.

 

20th October 2012, Email received from Safeloans with different sum for same debt and again the claim that there would have been a Judgement as well as the claim that the debt would have been passed to collections.

 

23rd October 2012, Letter received from Court that defence was submitted too late, phoned Court, information received that there was a Judgement made on 19th October 2012.

 

Correct so far? I'll see if I can get someone else to help on this as its seriously getting complicated...

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Yeh thats correct they sent my defence back, no court order or anything If i want to appeal to pay £80 there as bad as safeloans, their saying(safeloans) i need to pay £227 its gone up within 28days plus my credit report now Has a ccj on it.....

Dunno Where to go from here

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What they want the 80 for is having the judgement set aside, which would then essentially remove the ccj and safeloans would have to file a claim again giving you again time to defend.

 

but i'll see i I can find some other angle to attack from cause why should you pay for the Courts mistake?

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I think what is needed here is a clear bullet pointed letter to the Court Manager as a Formal Complaint and ask for a judge to look at the case - state that you want mediation here as clearly neither the court nor the company seem to know what they are doing.

 

I would also copy in the Solicitors Regulatory Authority and the Ministry of Justice to be on the good side.

 

This lot seem to play dirty - you could also complain about the individuals who run the organisation to Croydon Trading Standards, the individuals also have another loan sharking company under the name of N Bolton in nearby George Street - I know because I go past their offices quite a bit.

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Hi Chez

 

You have 2 options here:-

 

Pay the difference outstanding (diff from what you have paid v the judgment amount) you have time yet and the CCJ will not be registered.

Make application to set a side N244 (£80 fee) and re defend the matter...assuming you have a defence with merit.You wont have a problem with the Set a Side as there is bad service here..but there is no point making application if your defence is not successful..just puts you back to where you are now.

 

Regards

 

Andy


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The defence is not a problem, the problem is getting the Court to look at it.

 

Yes, the usual way to go about it would be asking to have the Judgement set aside (which does cost a fee), but in this case the Court resent the paperwork to submit a defence just 4 days before the Judgement, surely the handling of the case can't be right?

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The problem lies with the Claimant on not ensuring it was served correctly (ie Address).As far as the court are concerned it was delivered correctly (or to the last known address).

 

Once the summons as been delivered the clock starts to tick (ie 5 days deemed served so 28 days (14 to AoS and another 14 to submit a defence ..if defending) the rest is just auto processed.No response to summons no AoS no defence therefore default judgment applied.This is requested by the claimant so they can hold this request indef (N225).

 

So now we have judgment with a time limit to pay the amount (usually 21 days in most cases unless forthwith) if chez pays the amount no CCJ is registered.End of the matter.

If chez wishes to set a side the claim starts again from issue.As I have stated no problem getting the set a side but this will only be granted if a reasonable defence is offered.Bad service is a reason for set a side but is not a defence.

The defence would be paid xxxxx already i think I only owe xxxx then the plea would be part admittance and a defence submitted. However he still gets a cCJ.

 

Regards

 

Andy


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi

Thanks for the advice

 

Ive rung the court up and they said the judgment was obtained 19th so does this give 28 days to pay safeloans?? safeloans emailed and said i have till the 7th to pay as the judgment was obtained before the 19th they said, and they will remove the ccjs otherwise i will have to pay to get it removed..

Im confused What you think i should do pay the application or just give up an pay sl any advice will be great

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