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notamug

Help! Court claim received from tower capital

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Had a loan oct 2011

 

fell into financial difficulty and

 

these people have avoided all attempts to arrange a payment plan.

 

They were very demanding with there collection tactics

 

I buried my head in sand and ignored them and

 

they went away until

 

I had an email last month

 

me being short for cash again

applied for loan and 2 weeks later my bank account was emptied.

 

Eventually the bank refunded the money and

 

now tower capital have started court proceeding and my claim has come from money claim online Northampton.

 

Need help with my defence please they want £218 and I only admit loan and one months interest

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Also every time I phoned them they hung up as they claimed I was rude to there female staff. So all was communicated via email which they always ignored or refused to accept £5 a week. There legalised loan sharks

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They also tried to take payments from another merchant named gem line. They took funds from my account from both identities tower capital and gemline

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Hi notamug and welcome to CAG

 

Check the date on the N1 summons.You have 33 days to respond subject to your plea.5 deemed served so 28...14 to Acknowledge Service and a further 14 to submit a defence should you wish to defend the matter.

 

If you could possibly type out the particulars of claim less any identifiable data.

 

Regards

 

Andy


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also you said you applied for another loan and then you account was cleared.

 

how did you apply for this loan? did you go looking on the net for one?


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Need help with my defence please they want £218 and I only admit loan and one months interest

 

They are able to charge default interest if you didn't pay the loan by the due date. The fact that they are after just £218 seems, on the face of it, quite reasonable.

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Unpaid payday loan agreement number *************

 

Name has not made a payment against the above account since the loan was originally due, and All attempts at resolution have been exhausted.

 

A statuary default of notice was issues and sent to name on date 2011.

 

Name has not responded to the statuary notice of default and we therefore seek the courts assistance in order to recover the monies due to him

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Above are the particulars of claim

 

The loan amount is £100 repay £124

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Are those the particulars of claim? They seem massively vague!

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Yes that's the particulars! It's one big joke they raised my bank account under another merchent I'd

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Hi Notamug,

 

Your post above looks like it wasn't complete but I think we can guess what you were going to say.

 

Please give us the details of :-

 

1. How you came to have your a/c raided.

 

2. How and when you applied for the other loan with, I assume, another company.

 

:-)


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Help please guys need to put in a defense they are not winning this on default and it limited timescale

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Hi Notamug,

 

Moving this to the Legal Issues forum.

 

In post #5 above, Andyorch set out the timescale you have, from the date if issue, to return the Acknowledgement of Service. It's 14 plus 5 days for service or postage. You then have another 14 days to file your defence.

 

Have you acknowledged it yet and said you intend to defend in full.


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Hi Notamug,

 

Moving this to the Legal Issues forum.

 

In post #5 above, Andyorch set out the timescale you have, from the date if issue, to return the Acknowledgement of Service. It's 14 plus 5 days for service or postage. You then have another 14 days to file your defence.

 

Have you acknowledged it yet and said you intend to defend in full.

 

 

No I have not acknowledged it yet I don't know if I should defend in full as the £124 I accept loan plus interest

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Just partial admittance then,it will still be treated as a defence and stop automated judgment by default.I doubt very much they would wish to proceed past your defence and let the matter become stayed.

 

Regards

 

Andy


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Sorry to sound dull but what do i say in my defense any templates around

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Just done the aos acknowledgment of service. Need to get a defence done now

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Thank you for your email ,

Please find information below as requested :

· You made your online application and signed your agreement on the 04th October 2011.

· A loan advance was paid of £100.00 in to your bank account and you agreed to pay the sum of £124.00 on 31/10/11.

· Payment was not received and we attempted to contact you.

· On the 2nd December 2011 over four week after loan was originally due a Default Notice was Issued for £193.00 including charge of £69.00 which was added to the balance of £124.00.

Charges as follows :

1 month interest :£24.00

4 emails charged at £5.00 a time ( refer to contract ) : £20.00

3 calls charged at £5.00 a time ( refer to contact ) :£15.00

10 decline payment attempts at £1.00 a time : £10.00 ( a deduction on charges was given for this as was 20 decline attempts. )

= £69.00 charges added to original balance of £124.00 = £193.00 .

On the 25th September 2012 you made a new application giving new details , this information was updated on to our systems . Your application was declined due to your outstanding balance.

On the 23rd October 2012 you charged back the amount taken on the 11th October 2012 to remake the balance £193.00 , the payment was originally taken on the 11th October 2012 this was to clear your balance and this was with the new details you supplied.

A £5.00 admin charge was added to your account due to the chargeback on your account to make the balance £198.00 .

On the 14th November 2012 a court claim was issued with reference 2QZ43552 for a total of £223.00, including a charge of £25.00 which the court adds to your balance.

We hope the above information is suffice and we kindly request you contact us if you wish to make an arrangement for payment.

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in there communication thry are stating £223 including court fees where as court papers are £218. They make the amounts up as they go along

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Looking through me emails when i told them what I thought of them, i had this email off the director

 

In regards to your most recent conversation with a female member of our team, we wish to advise you that any further abusive or threatening or inappropriate language will not be tolerated, and as a result the proper authorities will be informed. We have noted the times of all calls and content of the language used in the case of this matter proceeding further. We only wish to assist you in repaying this debt so we kindly request that all future dealings should be in writing to avoid any miss understanding or misinterpretation of either parties intentions.

 

This as the day they raided my bank account under another merchent id so i constantly phoned them

Edited by Andyorch
Removed offensive reference

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Another off the director when i demanded a refund of unauthorised money taken from my bank account

Thank you for your email earlier this afternoon regarding your over due Pay Day Loan account.

We are sorry to hear of your current difficulties in regards to your health and we wish you a speedy recovery. As you will be aware you recently visited our website and logged into your account to update your new card details and your new work details, and to further request some additional funds. £55 has been paid onto your outstanding balance leaving you a remaining default balance of £138 for your unpaid pay day loan, therefore no refund will be considered as we were only carrying out your instructions.

We are pleased to note that you have agreed to repay the outstanding balance of £138 at a rate of £10 per fortnight. We are also pleased to agree to suspend all further interest to allow you to repay this as quickly as possible. Should you be in a position to repay a one off payment we will be happy to arrange a discount of your balance at anytime.

Should you not be happy with our decision please feel to contact the Financial Ombudsman Services to make a formal complaint. Please be advised that out decision is final and that no further consideration will be made towards a refund.

Edited by Andyorch
removed reference

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Us, Tower Payday as a trading style of Tower Capital Limited ("the Lender")

 

1. On execution of this agreement the Lender agrees in principle to lend the Borrower the sum

of £100 ("the Loan") on the terms and conditions set out in this agreement.

 

2. Key Financial Information about your Payday Loan:

 

i. Duration of Agreement: 29 days maximum.

 

ii. Total Amount Payable: £124 to be paid in one single payment on 31/10/2011.

 

iii. APR: 1554.446% Total Charge for Credit: £24.

 

iv. Interest will be charged at the rate of 24%.

 

v. Interest will be calculated at a monthly rate of 24%

 

3. Other charges are applicable to this agreement if:

 

i. We write to you, due to a failed repayment of your loan on the date specified above,

at £10.00 per time.

 

ii. We make, or attempt to make, contact with you by telephone or text message

regarding the failed repayment of your Loan, at £5.00 per time.

 

iii. We e-mail you regarding the failed repayment of your Loan, at £5 per time.

 

iv. We reserve the right to make a daily charge of £1.00 per day when the account remains overdue, up to and including a maximum of 60 days

 

4. You change address without notifying us accordingly, a tracing fee up to a maximum

of £50.00 may be applied to cover our expenses.

 

5. In taking steps to enforce, or attempting to enforce, our rights under this Loan agreement,

any other reasonable costs incurred by us. Interest will be charged at the rate detailed in 3

above, up to County Court Judgment, from the date payment is due until the date that

payment is made in full including costs and charges.

 

6. Settling this agreement early :

 

You can settle this agreement at any time by giving notice in writing and paying off the

amount you owe under this agreement which may be reduced by a rebate.

 

Examples indicating the amount you might have to pay appear in the Agreement.

 

i. If half the loan term elapses £124

ii. If three quarters of the loan term elapses £124

 

7 Your Right to Cancel the Credit agreement within 14 days commences on the day after the

agreement comes into force. Your Cancellation right can be exercised by one of the following

means:

 

i. By requesting in writing to Tower Payday a trading style of Tower Capital Limited, Garden

Office Suite, Pine Grange, Bath Road, Bournemouth BH1 2PF

 

ii. By email to info:towercapital.co.uk

 

iii. By fax on (01202) 203193.

 

By cancelling this credit agreement you will be required to repay us within two working days

from the date you exercised your right to cancel:

 

i. The amount of credit stated in the credit agreement, plus any service fees such as 'same day

service fee' that was agreed prior to your receiving your funds.

 

ii. Any costs incurred by us during the time the balance is outstanding

 

8. IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 states that certain requirements are adhered to for your

protection, and these should be complied with when this agreement was made. If they were

not, the creditor cannot force this agreement without firstly getting a court order.

 

The Act also gives you a number of rights. If you would like to know more about these rights

under the Act, contact either your local Trading Standards Department or your nearest

Citizens Advice Bureau.

You can settle this agreement at any time by giving notice in writing and paying off the amount

you owe under this agreement which may be reduced by a rebate.

Examples indicating the amount you might have to pay appear in the Agreement

 

9. Difficulty in making payments:

Missing your repayment could have serious consequences, which in turn could adversely

affect your credit rating and could cause problems in obtaining further credit.

Repayment is arranged by Tower Payday as a trading style of Tower Capital Limited debiting

your debit card. Please ensure sufficient funds are available from this date. If there will be

insufficient funds at this time you must contact Tower Capital Limited IMMEDIATELY so we

can resolve this matter. Late payment charges may be applied to the Loan balance if the account

falls into arrears without prior agreement from us.

 

10. The information you provide is used by Tower Payday as a trading style of Tower Capital

Limited to enable us to lend against this agreement. Your information will only be passed to a

third party in the event that You default in Your repayment of the Loan, or we believe that false

information has been supplied. We shall revert to your employer and any other relevant

parties in order to recover any sum including interest for the outstanding Loan or to confirm

your Employment provided in the application. By making an application you consent to

us verifying your employment. This includes giving us permission to search any Credit Register

database to verify your current financial circumstances. If you do not wish us to contact your

employer, then we cannot advance a Loan.

 

• A Rollover is a facility offered but not guaranteed to assist existing customers in extending the

repayment of their original contract term with the repayment of interest only on the original

repayment date as stipulated on your signed contract, and the total repayable including a further

29 days worth of interest on an elected date up to 29 days after the original repayment date. A

Roll over is not a sustainable method of borrowing over long periods of time, it is considered a

very expensive way of borrowing money and therefore is limited to three Rollovers within any

rolling twelve month period in the interest of the customer.

 

• Example Rollover: £100.00 borrowed with repayment within 29 days of £127.00 with a

Representative example of 1,929.5%APR, is granted a Rollover with an interest payment of

£27.00 on the original repayment date followed by the original total repayable of £127.00

within a further 29 days also with a Representative example of 1,929.5%APR.

 

• A Capital Reducing Rollover is a facility offered but not guaranteed to assist existing customers

in extending the repayment of their original contract term with the repayment of interest plus part

of the capital on the original repayment date, and the outstanding Capital plus interest due repayable

including up to a further 29 days worth of interest on an elected date up to 29 days after the original

repayment date. A Capital Reducing Rollover is not a sustainable method of borrowing over long

periods of time, however by reducing the capital each month this will reduce the interest accrued

and in turn the term of the repayment period.

 

• Example Capital Reducing Rollover: £100.00 borrowed with repayment within 29 days of

£127.00 with a representative example of typical APR 1,929.5%, is granted a Capital Reducing

Rollover with an interest payment of £27.00 and a capital repayment of £10.00 (a total of £37.00)

on the original repayment date leaving an outstanding capital balance of £90.00. This would be

repayable by £90.00 capital and interest of £24.30 a total repayable of within a further 29 days

also with a Representative example of 1,929.5%APR, but with reduction in interest of £2.70 for

that period.

 

12. On the execution of this agreement the Lender agrees to lend to the Borrower the sum of £100

("the Loan") on the terms and conditions set out in this agreement. This amount will be credited

directly to your bank account by electronic transfer or direct deposit less the charge for receiving

funds on the same day, when there will be a charge of £20.00 for this service. This fee is deducted

from the amount we advance to you, so please take this into consideration when requesting a same

day transfer. Please note that all same day transfer requests must be received before 3pm Monday

to Friday

 

13 This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign only if you want to be

legally bound by its terms by entering your name and electronic signature on this loan agreement.

This has the same effect legally as physically signing the loan agreement.

 

14 The agreement will only be enforceable once both parties (you and us) have signed, dated

electronically and the funds have been transferred to your advised bank account.

 

15. By signing this Agreement, you agree to its terms which are set out

above and in the Terms and Conditions sent with the Agreement

 

 

 

 

 

Electronically signed by:

Electronically signed by:

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Hi NAM,

 

Looks to me like all the admin charges are effectively penalties. Although they are set out in their terms of business, this does not make them lawful. The admin fees do not reflect the actual loss caused to the lender by your failure to pay as agreed so the charges should be unenforceable.

 

You didn't reply to my post #12. It would be helpful if you confirmed exactly how it came about that they took money from you when they raided your a/c.

 

Was it the PDL that contacted you offering a possible further advance, but then used your (new) a/c details to raid the a/c but refused any further advance.

 

:-)

Edited by slick132
typo

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