Help please - court claim 1st Stop PayDay ***Claim Discontinued***

[chrismk]

Hi all

 

I've been struggling financially for nearly two years, in desperation to pay a bill I took out a payday loan with 1st Stop back in June last year. My wife then had her hours cut and I couldn't pay it back.

 

I tried to contact them in writing to offer a repayment plan, all I got back was threatening letters and demands for increased payments, charges added and more interest applied.

 

To check if the amounts they were saying was outstanding I sent off for a copy of my agreement and a statement of account, this never arrived and still hasn't. My requests were ignored and the threatening emails and texts continued.

 

I finally out of frustration called them last week to advise I had requested this information and that the amount they stated was outstanding was in dispute, I also again put this in writing and posted it in the 27th January this year.

 

Today I received a court claim form issued on the 30th January, I don't deny I owe some of the money but not sure what I should do.

 

Any advice or help gratefully received.

[chrismk]

Hi all to follow on from the above,

 

Particulars of claim read:

 

1st stop payday loans ltd agreed to lend the defendant 225.00 on 7th June 2013. The defendant agreed to pay the short term loan back after 30 days. The defendant has failed to meet repayment of the loan despite many attempts to resolve this.

 

The amount claimed is £659.39 + £60 court fee

 

I have written to them numerous times and there is currently a CCA request outstanding.

[renegadeimp]

Do you have proof? Do you have funds to pay the debt? It looks like theyve levied interest after termination of the contract as well purely as a profit making exercise.

[havinastella]

Did you have the £225?

 

The CCA request is really futile now, as you would have ticked the box when applying for the loan. Should they turn up in Court, even these numpties will probably have the CCA.

 

I have moved the thread to legal for you.

 

You need to acknowledge the claim, this will give you extra time to prepare a defence. This will be based on not owing the amount claimed.

[renegadeimp]

Will you be defending the claim in full? If not, unless you can pay the full amount within 28 days of judgement, youll get a CCJ against you. You really need all communication you sent to the PDL, so you can show the courts they are trying to use the court as a form of debt collection.

[chrismk]

Hi all and thanks for the replies and help so far, in answer to your questions I'll post a brief timeline below.

 

£225 borrowed June 2013, repayment due 30 days later, couldn't make the payment, letters wrote explaining my situation and asking for a repayment plan and help. Letters ignored.

 

30th July 2013, received a letter saying I was ignoring them and that interest and late fees had been applied.

I again write asking for a payment plan letters ignored.

 

29th August I receive a default notice, again with more interest added etc

Again I write and no response

 

On the 11th September after I realise I no longer have a copy of the agreement I send a CCA request. I wanted the agreement to check what was actually outstanding and what they could and couldn't charge me. They did not respond and still haven't, the CCA request was sent Royal Mail Signed For, I have proof of posting and proof of signature at delivery.

 

As they did not respond I sent an account in dispute letter and have since ignored the constant telephone calls, texts, emails etc.

 

On the 25th January this year I received a final offer before issue letter dated 22nd January giving me 7 days to pay £584.39.

 

I write back on the 27th advising account in dispute and on the 30th January they issue the claim

 

I have copies of all letters sent but only proof of posting for the CCA request.

 

I'm not sure how to proceed?

 

I'm not sure if I can pay in full as I don't know how much I'm exactly liable for as I don't have the agreement,

[havinastella]

Did you send the offical letter requesting the CCA, with £1?

 

They mention nothing in the POC that you mention in the CPR31.14 request, but you may want to see if you can adapt it to show how the figure is made up.

[chrismk]

Yes the letter from this site with a £1 postal order.

 

I'm not sure what you mean adapt it to see if you can show how the figure is made up? If a CCA request isn't complied with does that not forbid a creditor from adding interest and charges etc.

[chrismk]

Hi All,

 

I have tonight completed the Acknowledgement Of Service online and indicated I intend to defend all of this claim.

Based on the fact the amount claimed is wrong.

 

Any further advice on how to proceed now gratefully received

 

thanks

[chrismk]

Hi All,

 

Can anyone offer any assistance please, I have acknowledged service on the 5th February but not sure where to start reference a defence.

 

Thank you

[chrismk]

Hi All,

 

Can anyone offer any assistance please, I have acknowledged service on the 5th February but not sure where to start reference a defence.

 

Thank you

 

Hi all

 

Can someone please confirm when I need to submit my defence by. Issue date was the 30th January and I acknowledged service on the 5th February.

 

Thanks

[AndyOrch]

You have 33 days from the 30/01/14 to submit a defence.

 

Andy

[chrismk]

You have 33 days from the 30/01/14 to submit a defence.

 

Andy

 

Thanks Andy

[chrismk]

Hi all

 

I have to submit a defence soon against this claim, so far my defence will rest around the amount claimed being incorrect. However they are still in default of a CCA request, should this form part of my defence.

[AndyOrch]

Yes it forms part of your defence...in fact the main thrust of it.

 

Andy

[chrismk]

Thanks Andy, going to do some reading this evening but I have no idea as yet how to formulate or write my defence

[AndyOrch]

Quite easy..... take a look around at others threads most contain a defence that I have drafted.

[chrismk]

HI All,

 

I have started preparing my defence, I'm not sure if it should be in any particular order but all help comments and suggestions appreciated.

 

Defendant claims that this claim is unlawful and vexatious. The Claimant has failed to comply with a lawful request for a true copy of the agreement. This request was made and sent on 11th September 2013 via Royal Mail Signed For post. The Claimant signed for receipt on 12th September 2013, to date no response has been received.

 

Section 78 (6) of the CCA 1974 States:

If the creditor fails to comply

(a) he is not entitled, while the default continues, to enforce the agreement.

 

Defendant agrees that 1st stop payday loans ltd agreed to lend £225 on 7th June 2013. Defendant disputes the amount claimed, it is contended that only one months interest is due, any claim to further interest is denied.

 

Defendant denies the claimants claim that no attempts to resolve the matter have been made, numerous letters have been ignored by the claimant including a CCA request as mentioned above.

 

 

Thats what I have so far, thanks

[chrismk]

Hi,

 

Can any one offer some advice or opinions on the above please, panicking a little now!!

 

Thanks

[renegadeimp]

Where do you get that months interest from? because if it goes to a hearing, the judge will ask the same question.

[chrismk]

Hi thanks for the reply, one months interest is based on the fact that it was a 30 day agreement. Though because I don't have a copy of the agreement I'm not sure exactly what is contractually payable.

 

Is it best not to make that statement?

[chrismk]

Hi all

 

Defence needs to go in in a few days starting to get nervous, if any one could offer some guidance on the proposed defence I'd be very grateful

[AndyOrch]

Thread moved to the appropriate forum and thread title edited.

 

Regards

 

Andy

[chrismk]

Thanks Andy, any thoughts on my proposed defence?

[AndyOrch]

Not ideal chrismk...it must be CPR compliant or the curt could reject it from the off.

 

Start here with the Particulars and number it as so:-

 

Particulars of claim read:

 

1.1st stop payday loans ltd agreed to lend the defendant 225.00 on 7th June 2013.

2.The defendant agreed to pay the short term loan back after 30 days.

3.The defendant has failed to meet repayment of the loan despite many attempts to resolve this.

 

4.The amount claimed is £659.39 + £60 court fee

 

Now start your defence.....

 

1. It is accepted that I did approach the Claimant with view to borrowing a short term loan.It was my understanding.........etc etc

2. It is accepted that repayment was to be made by xx xxx xxxxx unfortunately....etc etc

3. It is denied that I have failed to meet the repayment terms and condition It is denied that the claimant has made many attempts to resolve this....etc etc.

4. It is denied that I am in debt to the value claimed and the claimant is put to strict proof to:-

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for.

© show how the breach occurred and how they attempted any resolution.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. 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.

 

 

Edit to suit by completing the ..etc by adding your words as to why you feel you do not owe the amount claimed.

The above is purely an example of the format and content that is expected to be submitted and compliant with the CPR.

 

Regards

 

Andy