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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Outstanding Loans Payday Express/UK and Wageday Advance


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Hi,

 

I currently have outstanding loans with all 3 companies, and am in a position to finally pay them. I think I have previously given each company the right to attempt to take the outstanding amount out of my current bank account, but have not had the funds available, which I now will have in a few days or so. I was just wondering what I should be looking to repay (I have had these loans for about a year now so expect the interest to be high), I was just wondering what are the next steps that I should take before paying off the loans.

 

Any help will be appreciated.

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Hi. Sorry you were missed.

 

DO NOT give them any banking details. You want theirs as if you give them yours, they may try and take more than you owe.

 

As it is, I would write to them and offer a substantially less amount than what they want. I suggest the loan amount plus 1 months interest. See what they say.

 

If they refuse, you can challenge the charges and related interest added to the account. Remind them that they are under the FCA spotlight and it is their own interest to deal with you fairly.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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PRA(Mackenzie Hall) rung today talking about a loan they had bought from QuickQuid, the amount was £854.55, but after some arguing they said they could settle for a lump sum of £700, the original loan was £750 and I think I made one payment of £100, I said I could pay this by next Wednesday. They said they would send out a letter confirming the revised amount. Seem to good to be true?

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Muck hall will be jumping with joy if they get £700. If they have bought this debt, they will have paid pennies in the pound for it.

 

If you are content with the offer, OK.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Start with 15% not including any silly charges theyve added. Put your foot down and start negotiating. Mucky hall will be glad to get anything but they will push their luck.

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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So the loan with QuickQuid was originally £750 and the finance charge was £187.50 totalling £937.50 and Mackenzie Hall think that I made a £200 payment which would leave £737.50. You are saying that I should offer to pay 15% which is £110.63, what do you think that I should go up to? Thanks for your help

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Thats up to you. But if theyve paid peanuts for the debt ( which they most likely have) then start lower. If you can prove you cant afford to pay off the debt soon-ish, then theyll be more likely to accept a F&F.

 

HOWEVER. If you decide to do this, then the F&F needs to be specifically worded so they cannot try and sell any remainder on or chase it up in the future.

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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Ok, I told them my brother was going to lend me some money, I'll just say that he's unable to lend me it now. What is an F&F? Once again thanks for all of your help, it's has been a massive relief knowing that I do not have to pay back the extortionate prices that they are demanding. Also went to the bank today and cancelled the CPA's from Mackenzie Hall, PRA, Payday UK, Payday Express, DMR capital and Wage Day advance, are there other names that these trade under and I should look to cancel?

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F&F means full and final. But as i said, if you choose that route, it must be specifically worded and it is advisable you provide proof you cannot pay anymore.

 

If it was me, i would make an offer for a repayment plan for now, then re-evaluate your circumstances in say, 3 months time. Then if you genuinely cannot meet the repayments, or it will take a long time to pay, offer them the F&F and show them a simple budget summary.

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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That is entirely up to you. You pay whatever you can afford. If it is a full repayment in one go, then you pay the original loan, and original contracted interest. If they want anything else, then they have to prove the amount is fair and actually legit. Things like their default/late payment charges are UE and can be challenged.

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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But people are saying I should only look to be paying back 15% when I agreed £700, surely it seems as if I'm being ripped off, then again if I can afford to pay it, and it is the terms of the original loan I took out.

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If it's being dealt with via the PDL and you can afford to pay off what is legitimate, then pay it. If you cannot, then discuss a repayment plan. if you wont be able to meet repayments for a while, then offer a settlement figure.

 

If you have yet to talk to them, my first advice would be to secure your finances, then send them a letter stating that you are in difficulty and want a repayment plan. If they say no, then DEMAND one. Just make sure they stop/remove all UE extra interest and charges.

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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  • 2 months later...

If the defaults were recorded correctly then they will stay for the remainder of 6 years. You could have negotiated their removal as part of a F&F payment though.

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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