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mikem4491

Quidmarket issue Claimform

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After a couple of months too-ing a fro-ing with Quidmarket they finally played the CCJ (& AOE) card today. I've been sticking to my guns and offering to payoff the principal amount over 17 months (£340 @ £20/month) Whilst they have been maintaining they can't go below £450.

 

I've always thought the CCJ was an empty threat but I've read on here that they've carried this through in a number of cases.

 

Now its come to CCJ time, I'm wondering if I should go for the £450 @ £20/month or wait for the CCJ and defend it. What do I stand to gain if I defend?

 

Any advice gratefully received.

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Just a threat and I thought an empty threat until I'd seen on this site they had followed through on a few people.

 

They've told me if I agree to pay the £450 they won't go through with a CCJ.

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If it was me, I'd refuse point blank and invite them to take Court action.

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£110 saving for a start. Do you think they are likely to start Court proceedings for an extra £110? You will be able to prove to the Judge that you have been more than reasonable. They cannot just make up figures and expect you to pay them.

 

If they do issue papers and you defend and win (more than likely if you defend properly) they cannot even come after what you owe them.

 

They are trying it on and it's entirely up to you what you are willing to repay these parasites.

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The £450 is made up of the principal amount and the interest - all other interest/charges have been dropped. If it goes to court aren't they entitled to at least this amount?

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Court papers arrived today, any advice in how bext to defend this?

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Have any DCA's been on this debt or are QQ using the courts as a first means of debt collection? Also, since they are based abroad, if you put in a full defence, they will normally run away and not even send any details to the court. Their hopes are they will gain judgement by default. However, ive asked an admin to move this thread to legal issues since theres now a court claim.

 

Also remember, a CCJ is far from certain at this point. If you can prove what you say, then it will be thrown out or even go to mediation.


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..

 

 

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Firstly its not QQ its quidmarket, don't think they are one and the same.

 

There have been no DCAs, I've corresponded with quidmarket regularly by email, constantly referring them back to my offer of repayment.

 

I realise a CCJ not a given but only if I defend it properly, hence my request for help to prepare a proper defence.

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Ahh my mistake sorry, but the advice i gave is still very relevant. An admin should be along soon to move the thread. In the new forum you will get specific advice relating to a CCJ and how to counter them.

 

The thing you need to do while you wait is to confirm Acknowledgement of service, otherwise they will get judgement by default. Also, get all your evidence together in writing, so you can show a court exactly what has happened and Quidmarket have refused to cooperate.


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

:D

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No, but they may as well be since they seem to be hidden behind a redirection office. But again, the lender under the terms of their credit licence should have tried to negotiate with you, not use the court as a means of debt collection.


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

:D

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Hi mikem

 

Could you type out the Particulars of Claim (verbatim less any identifiable data).

 

You have 33 days in total (if defending) 5 deemed served so 28 (14 to submit your Acknowledgment of Service and a further 14 to submit a defence)

 

Let us have the details of their claim then we can see what may be disclosed or requested.

 

Regards

Andy


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Ok here goes:

 

Repayment of short term loan paid direct into the defendants bank account on 15/08/2012. Repayment due 14/09/2012, loan not repaid on due date by defendant as per loan agreement. Proactive written and telephone attempts to communicate with defendant has failed to achieve resolution, repayment or acceptable repayment plan. As per our loan agreement a daily rate of interest has been charged since default.

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mm

 

 

:???: So whats your intention mikem...do you wish to defend ? Have you Acknowledged service of the Claim? Have you requested documentation the claim relies upon?


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Hi Andy, That last post confused me too - problem with having a dozen windows open at once while working. :smash:

 

I absolutely want to defend, thats why I asked for advice on how best to go about it. So far I've acknowledged service and typed the particulars of claim on here as you asked.

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Ok get a CPR 31.14 to them next requesting documents referred to in their particulars.:-

 

" Repayment of short term loan paid direct into the defendants bank account on 15/08/2012. Repayment due 14/09/2012, loan not repaid on due date by defendant as per loan agreement. Proactive written and telephone attempts to communicate with defendant has failed to achieve resolution, repayment or acceptable repayment plan. As per our loan agreement a daily rate of interest has been charged since default."

 

Ok the hi lighted parts are what you need to request copies of by way of the CPR request including Terms and Conditions.

 

Regards

 

Andy


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Sorry I'm new to this and probably asking the obvious questions that have already been answered elsewhere. How do I "get a CPR 31.14 to them" and is "them" the court or quidmarket?

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CPR31.14 to the Claimant

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 - the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 - Statement of account showing how the sum being claimed is made up.

 

3 - Copies of LBA Proactive letters as per Pre Action Protocol Sec III & IV & Annex B

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully


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Send by recorded delivery so they have to sign for it - we wouldn't want them to say they didn't get it would we :) make sure you keep the postal receipt safe so you can check on the royal mail website in a few days to print off the signature receipt - keep that with your copy of the letter.


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