Help please! Quickquid court claim received(Optima/ Motormile)/ can I defend?***Claim Discontinued***

[PippaB]

Hi all,

 

Received court claim papers Issue date 8 July 2013.

 

States loan from 2010 – I had ignored it after rolling over at least 12 times and spiralling into problems, couldn’t afford to pay back and now got to this point.

 

I guess my first step is to apply for more time online – will do this shortly.

 

And then, send a letter asking for some kind of SAR/ CCA documentation.

 

Then post back here?

 

Many thanks for any help; I have no clue about how to approach this and if anyone has had any success with defending against a payday loan, by saying repaid many times over (rollover payments) ?

 

Also, can you purely defend by post? Dont want to have to attend court at any point.

 

P

[PippaB]

I have now submitted an acknowledgement of service online, but a bit a confused as to whether that does give me extra time or not? When do I have to submit my defence by if issue date was 8th July?

 

Thank you!

[citizenB]

Ok, timeline

 

issue date 8th July + 5 for service = 13 July + 14 days to acknowledge = 27 July + 14 days to submit defence = 10 August.

 

Can you let us know what it says on the claim form - the reason they have issued the claim ?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?396982-New-payday-loan-survival-guide-by-mike-dailly-govan-law-centre.(6-Viewing)-nbsp

 

There is a pdf in the link above - you might want to have a read of it. See if any of the situations apply to you. If so, let us know and we can see if we can help you prepare a defence.

[PippaB]

Thanks you for such a quick response!

Particulars:

 

Particulars of claim

 

The Claimants claim is in respect of a personal loan agreement regulated by the CCA 1974 made between Quickquid and the Defendant on 23/07/2010.

 

The Defendant successfully applied for a personal loan in the sum of 900.00 via the Quickquid website and was provided with full terms and conditions.

 

The Defendant failed to make the payments, as required and is therefore in breach of the said agreement.

 

A Default Notice was served on the Defendant, which expired on 25/10/2009 and the defendant has failed to comply with the terms therein.

 

On 30/01/2012 a Notice of Assignment was sent to the Defendant notifying them that this debt had been assigned to the Claimant.

 

The Claimants claim therefore stands at 1,092.00, plus costs.

 

The Claimant has complied with Sections III and IV of the practice Direction on Pre Action Conduct.

 

____________

 

I took a look at the other thread and as I don't have any emails/ paperwork from that time (stupid me) difficult to say, but definitely the following applies, especially as the initial loan was much smaller if I recall and escalated to £900 to cover rollover fees and make up the loss each month over time; I had over 7 defaults at least by that point on file and had been in debt management (though not at the time I think, had failed to make the payments):

 

"Your

company failed to properly assess my

creditworthiness when you lent me money and failed to

carry out affordability checks when you rolled-over and

modified my loans, all contrary to section 55B of the

Consumer Credit Act 1974. Had you undertook a sufficient

assessment I would not have incurred additional interest

and default charges.”

thanks again!

P

[citizenB]

Righto, I will send an S.O.S on your behalf to see what, if any information you need request from them.

[citizenB]

Pippa, did you receive Notice of assignment and the Default Notice ?

 

And, have they given you a breakdown of the charges that have escalated the account to this much ?

[PippaB]

Hi, thanks for coming back on this.

 

I don't have any paperwork, so they could have I'm not sure either way. I have not received a breakdown of charges; other than the amount owing (original loan £900; amount now owing £1092) plus court fees etc. which it states on the front page of the claim.

[citizenB]

Right ok, well the little snippet you found in that link I gave you should help and you should be able to claim unfair relationship. Meanwhile you need to send a request for information. Give me a few moments and I will pop up a draft letter that you can send to them.

 

BRB.

[PippaB]

thank you!

 

If I defend as unfair relationship, would i have to go to court, or could I somehow defend by post/ online?

 

Thank you so much for your help, I really appreciate it!

 

P

[citizenB]

This needs to go to the solicitor who is named on the Claim form. You should send it by either Recorded or Special Delivery post and keep the receipt. You also need to check a few days after posting to ensure they have received and signed for it and print off the signature page.

 

 

 

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.

 

 

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: the assignment

 

3: the default notice

 

4: Statement of account showing how the sum claimed has accrued. This is to show any penalty/ default/ rollover charges.

 

Although your claim is for a sum which is not more than £10,000.00 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

 

I wonder if it might also be worth asking them to show if they made any affordability checks as per your little snippet ?

 

So, fill in the blanks where necessary on the attached CPR part 18 and enclose that with the letter above

 

 

[ATTACH=CONFIG]45234[/ATTACH]

 

 

 

[PippaB]

Thank you! I will get that posted off (signed for) tomorrow morning.

[sequenci]

Hello there.

 

There are two clear options for you to consider here.

 

The first is to consider defending the claim if you beleive that the treatment you have received from QQ to be unfair. There are provisions within the Consumer Credit Act which can challenge the legitimacy of credit agreements on the grounds of unfairness - the fact that this particular debt has been rolled over and rolled over could well be used to support this argument. A defence will generate a hearing - you, or someone to represent you, will need to attend. There needs to be a legal reason as to why you wish to defend.

 

The second option is to 'admit' the debt and make an offer to pay via instalments. This is done by completing the N9A form by filling in your income/outgoings and kaing an affordable offer to pay via instalments.

 

Hope this helps!

[AndyOrch]

The second option will result in a County Court Judgment which will be placed on your credit file for 6 years.

[PippaB]

Thanks all.

 

If they can't prove they sent me a deed of assignment and/ ore a default notice, would it be thrown out or still up to me to defend?

 

If I don't defend, I have 28 days from judgement to pay and get it removed from my file - is that right?

 

Thanks again, this help is completely invaluable.

[AndyOrch]

Thanks all.

 

If they can't prove they sent me a deed of assignment (Notice of Assignment) and/ ore a default notice, would it be thrown out or still up to me to defend? No and Yes

 

If I don't defend, I have 28 days from judgement to pay and get it removed from my file - is that right? Correct

 

Thanks again, this help is completely invaluable.

 

Regards

 

Andy

[PippaB]

Thanks Andy.

 

So if I don't submit a defence (not sure yet) by 10th August, how long typically before a CCJ is granted? Trying to establish how long I would have until MUST pay it but still get it off my record.

 

Thanks again,

P

[AndyOrch]

If no defence is submitted then a default judgment could be in place within weeks...now with a default judgment it means that payment will be forthwith (with immediate effect) but you still have the 28 days grace to make payment before its is placed on the register.

[PippaB]

Hi all, my last date to file a defence is tomorrow, but I haven't heard back from the CPR request; just a holding letter from Optima saying they are speaking with their client and will come back to me.

 

Also with 10th August being a Saturday does that rollover to next working day (Monday 12th August) ?

 

What do I do? Is there some kind of extra extension I can file for?

 

Thank you!

[PippaB]

Just a quick update. I submitted my defence along the same line as Riddick in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?396725-MMF-Court-Claim-received&p=4334648#post4334648

 

And so far have only had letters from Optima saying they're discussing with their client. I'm in the same boat as Riddick so following that thread with interest - they haven't responded to my CPR31.14 request

[PippaB]

Nothing received yet; will the court thow this out soon? Not sure how it works as they haven't responded to CPR31.14 request and well over 28 days has gone past since I submitted my defence..

 

Thanks!

[PippaB]

Hi all,

 

I have received paperwork from Optima (dated 7th November, requiring a response by 14th November at which time they will proceed with further legal action) - sum which they have broken down to be:

 

principal loan amount £900 (not taking into account all previous loans and repayments that spiralled).

Loan fixed interest £225

Failed direct debit fees £12

Court issue fee: £65

Solicitors costs of issuing: £80

Legal costs: £300

 

Total £1,632 minus a payment they have on record from me (??? unsure of this) £45 - so total £1,587

 

They sent a statement, loan contract and terms and conditions, default notice and notice of assignment.

 

The statement shows over time I rolled over mutliple times and made payments totalling £967.50 through rollovers, so more than the original sum loaned.

 

They did not reply to my question about affordability checks.

 

 

So.... any advice at this point? Would appreciate if someone could let me know my options.

 

Many thanks.

[PippaB]

So... I sent a reminder that they didn't answer the affordability checks and yesterday received a letter from them as follows: " Notwithstanding the merits of our client's claim, we have been instructed to discontinue the Legal Proceedings issued against you..... We confirm that we have notified the xxx County Court accordingly" ..

 

YEY! Thanks for all the help received on here, much appreciated.

[AndyOrch]

Well done Pippa...thread title amended to reflect the outcome.

 

Check with the court they have discontinued...and you should also receive a copy of the NoD from the claimant.

 

Regards

 

Andy