PayDay Loan - County court

[AndyOrch]

Where are the Particulars of Claim guilfoyle? ..if you could re post.

 

Regards

 

Andy

[AndyOrch]

Guilfoyle I will draft you a suitable response shortly...just bear with me.

 

Regards

 

Andy

[AndyOrch]

Take a read of this thread for now Post#39 contains the defence...then we can finalise a draft.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?362955-safe-loans-court-papers-issued-20-08&p=3989451#post3989451

 

Regards

 

Andy

[AndyOrch]

What date is on the summons guilfoyle?

 

Andy

[AndyOrch]

You have until the 4th December to submit your defence ( 33 days ....2nd Nov) 5 deemed served so 28 (14 to AoS and a further 14 to submit your defence) =4th Dec.

 

 

Regards

 

Andy

[AndyOrch]

Hi guilfoyle

 

Every defence is unique as is every Particular of Claim...we can run through the finer detail next week... don't worry about the draft for now..just gather as much information as you can..history/paperwork..I will sort the draft defence for you.

 

Regards

 

Andy

[AndyOrch]

Hi Andy,

 

I've got all the emails that they sent to me. They also only ever sent out one actual phsyical letter, the rest were text messages and emails.

 

Regards,

 

John.

 

Excellent John ......so no Pre Action Protocol followed or LBA as to speak of?

 

Regards

 

Andy

[AndyOrch]

Ok I will get back to you later in the week with a proposed defence.

 

Andy

[AndyOrch]

Hi John

 

Are you around to make a start on a proposed defence?

 

Regards

 

Andy

[AndyOrch]

Excellent just in the middle of something now so will check back in a couple of hours.

[AndyOrch]

The particulars of claim are -

 

1.Repayment of short term loan paid direct into the defendants bank account on 25/01/12. repayment due on 28/02/2012, loan not repaid on due date by defendant as per loan areement.

2.Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment plan.

3. As per our loan agreement a daily rate of interest has been charged since default.

 

#########Defence##########

 

 

Paragraph 1 is admitted with regards to requesting a loan of £300.00 which was received into my bank account on the xxx xxxxx 2012 The T&Cs agreed plus interest of £80.

Paragraph 2 is denied the Claimant has consistently harassed me via Text/Email and phone calls to my place of Employment causing severe embarrassment and stress.

Paragraph 3 is denied and it is contended that only one months interest is due..rendering the total default out standing as £380.00.

Any claim to further interest is denied and are subject to the Unfair Terms in Consumer Contracts Act and therefore cannot be disproportionate.

 

I have tried to negotiate and offered a repayment plan due to sever financial difficulty, the Claimant has failed to acknowledge.

The Claimant has failed to issue a Default Notice or Notice of Default Sums.

 

It is averred that the claimants stance in this claim is in conflict to the the CCA1974 s.140A and s.140B (Unfair Relation)

 

In line with the introduction of Consumer Finance Association, the Consumer Credit Trade Association Codes of practice implemented on the 26th November Section 6 the Claimant has failed to adhere to the key proposals.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.The Claimant has failed to disclose any documentation to verify its claim.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

#########End Of Defence#########

 

 

Notes to refer to:-

 

Civil Procedure Rules.

CCA1974/2006 amendments

http://www.cfa-uk.co.uk/documents/PD...dum_Lender.pdf

 

Help for customers in financial difficulty If the customer is in financial difficulty, lenders will:

 

> Deal with the customer sympathetically and positively and do what they can to help the customer manage

what they owe. This may include making new arrangements about how the customer will pay off the debt.

In doing so, the lender will consider other debts owed.

> Freeze interest and charges if the customer makes repayments under a reasonable repayment plan or

after a maximum of 60 days of non-payment.

> Not contact the customer or take any action to recover the money owed for 30 days, if the customer is

making a genuine effort to agree a repayment plan using either a debt-counselling organisation or a ‘selfhelp’ approach (for example, the customer is suggesting a repayment plan). If the customer or their adviser

provide the lender with clear evidence that real progress is being made in reaching a repayment plan, but

work has not yet concluded, the lender will extend this ‘breathing space’ for an additional 30 days.

> Tell the customer about free and independent debt-counselling organisations. These include: Citizens

Advice, the Consumer Credit Counselling Service, National Debtline or the Money Advice Service.

> Not allow you to borrow further from the lender until all outstanding loans with the lender have been repaid.

> Deal with people whom the customer has asked to act on their behalf, with the customer’s authority,unless those people behave unreasonably.

 

 

 

Check it over for accuracy John and edit to suit then copy and paste into MCOL and print receipt.

 

 

Regards

 

Andy

[AndyOrch]

No John they are just for you to refer and understand your defence.

 

Andy

[AndyOrch]

Mediation is always encouraged in any claim and could be a way of settlement and avoiding any CCJ. Read between the lines though.... their response ...they obviously don't wish to proceed with the claim through court which states they have little faith in their claim.

Try mediation if it fails to render a result then its up to them to notify the court their intention to proceed.

 

The email was rather naughty though and can be construed as miss leading the defendant....something they wish the Court had not viewed.

 

Regards

 

Andy