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

[chrismk]

Hi All,

 

Update:

 

Received a hearing date today, its not until the 12th September, so my plan is to submit my witness statement to the court and claimant 14 days before.

 

Will there be any benefit for me to submit earlier than this? I plan on completing my witness statement and posting it here in the next week or so for comments.

 

Thanks

[AndyOrch]

The only benefit is to the claimant ..... he will have plenty of time to respond.. research..prepare...their response Witness Statement.

 

Submit 14 days pre

[chrismk]

Thanks Andy, i will submit 14 days before.

 

On a different note i also have an outstanding loan with Quidmarket, been paying them every month for the last 5 months £5.00 per month. Today i received an email saying a claim had been issued against me and to expect court papers in the next couple of days. This is despite me paying them every month, there saying im not paying enough.

 

Will start another thread when i get the claim, more grief!!

[chrismk]

Hi All,

 

Quick update notification from the court today, hearing date has been changed. It's now on the 26th August. Will start preparing my witness statement etc next week.

[citizenB]

Yes, you must submit at least 14 days prior to the hearing.

[chrismk]

Hi all,

 

Preparing my witness statements this week, main defence revolves around non compliance of a CCA request. Am I right in assuming the following.

 

Non compliance puts the account into dispute, I am entitled to withhold payments and the creditor is not permitted to charge interest or add fees during the period of non compliance. As the request is still outstanding the creditor has committed a summary offence?

 

In addition I'm still not convinced the claim has been issued correctly, as 1st stop payday loans no longer trade due to a change of company name. I maintain the debt should of been assigned to the new company and a NOA sent with a claim issued in the correct company name.

 

The default notice for example states it is issued by 1st stop group yet is signed by 1st stop payday loans.

Maybe I'm clutching at straws here but just does not sit right with me.

[BRIGADIER2JCS]

Hi all,

 

Preparing my witness statements this week, main defence revolves around non compliance of a CCA request. Am I right in assuming the following.

 

Non compliance puts the account into dispute, I am entitled to withhold payments and the creditor is not permitted to charge interest or add fees during the period of non compliance. As the request is still outstanding the creditor has committed a summary offence?

 

In addition I'm still not convinced the claim has been issued correctly, as 1st stop payday loans no longer trade due to a change of company name. I maintain the debt should of been assigned to the new company and a NOA sent with a claim issued in the correct company name.

 

The default notice for example states it is issued by 1st stop group yet is signed by 1st stop payday loans.

Maybe I'm clutching at straws here but just does not sit right with me.

 

 

 

The only "restriction" upon a creditors action if the CCA cannot/is not produced is that the debt cannot be enforced via the court system, the " offence" was removed years ago.

 

 

I'm afraid as for the rest you are "clutching at straws".

[chrismk]

Ok so if they default on a cca request they can still charge interest etc? The account is not classed as in dispute? And I don't have the right to withhold payments?

[BRIGADIER2JCS]

Ok so if they default on a cca request they can still charge interest etc? The account is not classed as in dispute? And I don't have the right to withhold payments?

Some may advise with holding payments it is your choice, the restriction remains re enforcement action some DCAs will suspend a collection activity whilst they try to obtain the agreement.

[chrismk]

Ok thank you

[chrismk]

Witness statement filed with the court and copy sent to claimant. I still don't have a copy of there witness statement or documents as per judges directions, today is 14 days prior to hearing

[AndyOrch]

Allow a few more days chrismk then you need to inform the court they have failed to comply with directions and ask they impose sanctions.

 

Andy

[chrismk]

Thanks Andy will do, is there a form I fill in to inform the court?

[AndyOrch]

There is.... its an application N244 with fee but if you can convince the court to push it under the judges nose you may make your point without cost.

[chrismk]

Ok thanks I'll give them till Thursday will update the thread again then

[AndyOrch]

Check your Notice of Allocation...in particular the Directions and failure to comply...has the DJ referred to any sanctions for none compliance?

[chrismk]

Directions state each party to deliver to the other and court copies off all documents it intends to rely on no later than 14 days before hearing. The judge may refuse to consider a document or take it in to account if a copy has not been sent to the other party. That's it

[chrismk]

And also failure to comply may result in the case having to be adjourned

[AndyOrch]

[chrismk]

Still nothing from the claimant, I'm a little unsure if I should be informing the court, if I use form N224 what is it I'm asking the court to do. If I don't get a copy of the documents or only get them a few days before it isn't giving me anytime to prepare.

[AndyOrch]

Have you done/served your disclosure ?

[chrismk]

Yes Andy with the court and claimant on Monday just gone

[AndyOrch]

Check with the court if they have received anything from the claimant tomorrow and ask how should you bring this to the DJ,s attention..letter or application.

Subject to their response post back here and I will advise you how to escalate this.

 

Regards

 

Andy

[chrismk]

Excellent thanks Andy

[chrismk]

Hi Andy,

 

I called the court this morning and they confirmed they have not received anything from the claimant, except for a letter stating they will not be attending the hearing. I asked how I could inform the district judge and was told attend the hearing and the judge will decide. However she said I could write a letter if I wanted stating I hadn't received the docs as per judges directions.