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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

I don't believe in 'going for the full legally pleaded defence' when it is blindingly obvious the particulars of claim are enough to cause the company nightmares.

 

We need to know the legal team dealing with this as this again gives us vital clues as to how to do the defence.

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Ok thanks sillygirl1,

 

do you have the draft defence you have done that I can use? I really appreciate your help with this.

 

In terms of the legal team, it looks like its just a department within quid market, it doesnt give anyother details or names.

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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

 

This is incorrect.

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Really appreciate your help on this and I thank you for doing a defence for me, real shame it has posted on here. Cant work out why. Does anybody else have any ideas or can anybody else help me with a defence as I am running out of time. Many thanks!

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

 

Regards

 

Andy

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The particulars of claim are -

 

"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.

Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment planlink3.gif. As per our loan agreement a daily rate of interestlink3.gif has been charged since default."

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Also Andy, sillygirl posted a defence for the second time which I saw on here and then I few minutes later it has gone again! why would that be as I really need to use it?

 

It has been unapproved. Please hang fire :)

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

Sorry but this is now the third time a particular site person has intervened on something that was not needed nor commented or reported on as being a problem.

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

That's a very sensible decision.

 

Best wishes.

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

 

Regards

 

Andy

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We could do with some help from you.

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Just to enlighten you, "1st Stop" pay day loans took me to CC and tried to take all the money from my wages - I wrote back to the CC and it was agreed I pay them £20 per month.

 

So, "1st Stop" have taken me to court, but surely I can't be the first that this has ever happened to?

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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

We could do with some help from you.

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

 

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What date is on the summons guilfoyle?

 

Andy

We could do with some help from you.

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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

We could do with some help from you.

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

 

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Hi Andy,

 

Thanks for the link, I've had a look over and still unsure how to start my defence. Are they allowed to charge the interest they have? and also can I mention anything about the harrasment phone calls each day at my place of work and the fact they told the customer service people where they were calling from etc?

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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

We could do with some help from you.

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 The National Consumer Service

 

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

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