1st stop PDL court letter - help

[Frustrated77]

Hi all,

could I have some advice please.

 

I received a letter about a payday loan I had with 1st stop.

 

I didn't agree with the amount they were claiming I owe them so I admitted to some but not the ££££'s they added on.

 

Received a letter from court today

"notice of proposed allocation to the small claims track".

 

The defendant has filed a defence.

 

There is an option of going through mediation or attending a hearing.

 

I have long before this tried to come to some sort of agreement with them but they are arrogant people

and I don't have the patience to listen to them

 

It says if I don't comply with the notice the court will make an order as it appears to be appropriate.

 

Striking out or entering judgement.

 

I'm worried they will get a judgement and strip my wages to pay the debt back.

 

Can anyone advise me of the best possible action to take.

 

I have till march 10th to get this form filled in and sent back.

 

Thanks in advance.

[renegadeimp]

make sure you accept mediation. It shows willingness that you want to pay the debt and the results of mediation arent revealed in court. Its basically a way for both of you to put forward your side of the argument and not to take up court time.

 

Any chance you can give us the original POC's on the court document and their defence?

[Frustrated77]

Hi thanks for your reply. Sorry to sound thick but what does POC mean?

[Frustrated77]

There is no defence given from them, nothing at all.

 

It has a line through the bit which says defence enclosed.

 

When I filled my defence but in I said I had tried to come to some agreement a

nd that I felt they were using a court as a debt collection.

 

I explained that adding £££'s on would make my situation worse not better.

 

I'm going to ring the court on Monday and ask why the there is no defence included.

[f16]

Hi Frustrated77, I think it stands for "Particulars Of Claim"

Good Luck

[dx100uk]

please scan up what you have received.

 

if they are taking you to court

you are the defendant not them.

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[Frustrated77]

I'm not savvy with scanning and all that stuff. I can type out what the letter says if that's any use to you?

[Frustrated77]

Reading other things on here I was going to accept mediation.

 

They usually go through a debt company first or so I thought, but seems they gone straight to courts!

 

Im going through a dmp at the moment with stepchange and everything going well.

 

I've had no hassle from anyone at all but this went to court before they starting dealing with my debt.

 

1st stop told me they also don't deal with 3rd party and also they think they are classed as a priority debt!

 

Which they are not.

 

Just don't want them going to court and me having an attachment of earning

which results in too much money being took and affecting my priority bills.

[renegadeimp]

Im still of the opinion 1st stop is a 1 man band

[Ell-enn]

Im still of the opinion 1st stop is a 1 man band

 

They're not a one man band renegade, they do car finance (among other things)

[renegadeimp]

Im just saying, it just doesn't seem right.

[Ell-enn]

https://www.1ststop.co.uk/group/

[Frustrated77]

So you think it be best I go through mediation and see what comes off that? What if I put an amount I know is affordable for me but they don't accept it and want more. What happens then?

[renegadeimp]

Then it goes to court. You show you I&e to the court and you pay even less.

[Frustrated77]

The from of the letter says:- take notice that

1. This is now a defended claim

2. The defendant has filed a defence, a copy of which is enclosed. (A copy of which is enclosed is crossed out with a black pen)

3.it appear that this case is suitable for small claims track. If you believe that this track is not the appropriate track for the claim you must complete box C1 on the small claims questionnaire and file it with the court office and serve copies on all parties. What does serve copies on all parties mean? Then second sheet is the questionnaire about mediation/settlement. What happens at mediation? Do I have to turn up at a court? I near no where near Northampton court! Thanks in advance

[Frustrated77]

I have all expenditure forms from stepchange with everything I owe and pay out. All done correctly by them, surely they won't show themselves up in a court and end up getting less than they want? What would be the logic in them doing that? Isn't that wasting time for a court when it could of been settled before that an a plan in place when I contacted them yet they wouldn't listen to me. It's barmy! Thanks for help, very much appreciated

[renegadeimp]

Pdls will try anything. The majority of their customers are in dire financial problems. They dont know their rights and the pdl knows it. Thats why they take people to court or try to. They think theyre above the law and the rules don't apply to them.

[ims21]

Ok from what you say they have issued a claim against you through the courts.

 

You have admitted part of the claim and filed a defence with the court for the remainder.

 

If you cannot scan, please type up the particulars of claim exactly as they appear on the court for you originally received.

 

Also please type exactly the wording you put in your defence.

 

You need to forget all this about the rights and wrongs, the fact is that they have issued and the court process is the thing you must concentrate on.

 

Always go for mediation.

 

Hang on for the legal guys to get here and they will help you with what to do next and help you through the process.

[Frustrated77]

Hi, yes I accepted part of the claim but not for the extra £450 they added on. I don't have the forms with me at the moment but I did fill in an I&e form and sent it off to the courts. It clearly did show them exactly what it is I pay out and any arrears with priority debts. I told them I'm going through a dmp at the moment too. The first letter I got from the courts stated I bottowed £300 and hadn't paid on the date which it was meant to be. The amount they were claiming I owe is for £461. I was given options of what I wanted to do and didn't feel right accepting liability for this amount. I never denied or tried to get out of paying it but I couldn't come to any agreement with them

[Frustrated77]

I will fill the form in and accept mediation as reading other similar posts this seems the best option.

[Frustrated77]

I have all forms for stepchange etc with my finances on and willing to show courts all this an emails I've sent to 1st stop if needs be.

[Frustrated77]

Just out of curiosity, is it worth contacting 1st stop to try and come to some agreement or best to wait?

[renegadeimp]

You can always try but if you have been paying them as per your financial circumstances and via a DMP, then the judge wont take kindly to the PDL taking court action. Not to mention their actions are a blatant breach of OFT guidelines on debt collection.