Claim issued against me by Quid Market***Claim Discontinued***

[chrismk]

Hi All,

 

Here we go again, this time Quid Market.

 

A little bit of background info first, loan taken out September 2013 due for repayment September 2013. Struggled to pay it back and as with all my creditors wrote to them advising them of my situation making an offer of a monthly payment that was affordable.

 

Various emails back and forth, eventually I commence a monthly payment in February of this year. I make the monthly payments, to date I have made 5 monthly payments including one after the claim was issued. During this time i did receive a few emails asking me to pay more and when I was going to clear the account. I replied stating I was paying the most I could. I thought no more of it, I then receive an email from the legal department stating they could no longer accept my payment offer as I had not filled in the Income and expenditure form. I replied stating I had never been asked to fill one in, but I was happy to do so.

 

Two days after replying to the email I receive another from the legal department stating a claim had been issued. details below

 

Issue Date: 20th June 2014

 

Particulars of claim:

 

Repayment of short term loan paid direct into the defendants bank account on 05/09/2013. Repayment due 30/09/2013, loan not repaid on due date by defendant as per loan agreement. Proactive written and telephone attempts to communicate with defendant has failed to achieve resolution, repayment or acceptable repayment plan. As per our loan agreement a daily rate of interest has been charged since default.

 

Amount Claimed £384.44 + costs of £35.00

 

Acknowledgement of service filed 3rd July I intend to defend all of this claim.

 

To be honest I was a bit miffed, can't understand why they would issue a claim when I'm making monthly payments, seems a bit naughty to me!

[Ganymede]

Were your £5.00 per month payments every agreed with Quid MArket or did you just decide to start making them?

[chrismk]

Were your £5.00 per month payments every agreed with Quid MArket or did you just decide to start making them?

 

Thanks for the reply, I didn't mention anything about the payment amount!! they were happy to accept it and were accepting it until there legal dept said no because I hadn't supplied an income/expenditure form. Don't get me wrong I'm happy to pay back what I owe, I just think it's wrong to take court action when I'm paying what I can afford

[Ganymede]

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!!

 

*Ahem*

[chrismk]

*Ahem*

 

Ah yes in that post I did!!!!!! Ill get my coat!!

[chrismk]

Hi All,

 

Draft defence below, would appreciate any comments or suggestions.

 

1: It is accepted the Claimant did pay a short term loan into the defendants account on 05/09/2013.

 

2: It is accepted the repayment due date was 30/09/2013.

 

3: It is denied that I have failed to meet the repayment terms and conditions. It is denied that the claimant has made proactive written and telephone attempts to communicate with me. It is further denied that resolution, repayment or an acceptable repayment plan has not been reached. The defendant is currently and has made regular monthly payments, for the last 6 months to the claimant. These payments have taken into account the defendants other commitments and have been offered pro-rata.

 

4: Claimant has failed to adhere to Practice Direction - Pre action Protocol section 7, sub section 7.1(1) therefore not allowing the defendant sufficient time to respond before any claim is issued. It is the defendants belief that this claim has been issued to further increase the alleged debt unnecessarily.

 

5: It is denied that the defendant is 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 Claimant has reached the amount claimed for and,

c) Show how the breech occurred and how they attempted and resolution.

 

6: As per civil procedure rule 16.5 (4), it is expected that the Claimant prove the allegation that the money is owed.

 

7: By reason of the facts and matters set out above, it is denied the Claimant is entitled to the relief claimed, or any relief.

[chrismk]

Hi All,

 

Defence above now submitted.

[chrismk]

Quick update, mediation scheduled for the 20th August

[fkofilee]

Could you give us some more information on this, did they supply all the necessary documents etc,

Has this gone before a judge yet etc?

[chrismk]

Hi not been before a judge yet, only just had mediation which failed to agree a resolution. Since mediation the creditor has contacted me and asked me to complete an income and expenditure form with a view to accepting monthly payments, they want to know pretty much everything and want 3 months worth of payslips.

[fkofilee]

No no no... Only if a judge requests it are you to complete a I&E... also the same for those payslips

But for they sake of the stage it's at, it might be worth completing a I&E form from the Money Advice Service / Stepchange.

[chrismk]

Yeah that was my thought they ignored me for months and never requested one, I think there just trying to force my hand now and save the allocation fee.

[renegadeimp]

Make sure you still follow the court timetable. They are still looking to get a judgement against you.

[chrismk]

Apologies for the delay in updating, this has been settled they have accepted my payment proposals

[renegadeimp]

Did they discontinue the claim? You need to make sure they discontinued or similar otherwise a CCJ will be entered against you.

[chrismk]

Not as such, they hadn't paid the hearing fee by the date specified in the directions and still haven't so it should be removed from the hearing list. Last I checked with the court it was still listed but i will check again end of the week. I have it in writing that they are not proceeding with the claim. I'm mindful that the case is scheduled for a hearing on the 28th but I'm sure it will be removed from the listing.

[renegadeimp]

Never go by what they say,. You need confirmation from the court that it has been discontinued. Use the letter they sent to advise the court. PDL's will use any trick they can to get a judgement if possible.

[citizenB]

Yes, you really MUST have confirmation from the court that this has been vacated - discontinued - whatever.

[chrismk]

I will check again with the court tomorrow. If the court can't confirm its been discontinued or vacated I'll have to turn up on the 28th and inform the judge. Only slight issue is if the hearing is going ahead I have to have my witness statement etc with the court this Friday.

[citizenB]

I will ask what you should be doing. .

[chrismk]

Further to the above I have just spoken with the court and they tell me it is still listed to be heard on the 28th. The claimant did not pay the hearing fee back in mid October, they have been sent a reminder and given till the 17th to pay. To date they have not paid leading me to believe they will honour the agreement we made. Do I submit my witness statement this Friday (not done yet) or deliver a letter to court instead enclosing proof that the claimant said they were not proceeding?

[citizenB]

I have asked andyorch/steampowered what you should be doing. I am sure they will respond as soon as they can.

[AndyOrch]

Hi chrismk

 

I'm fairly sure that they wont pay by the 17th and therefore the claim will be struck out before the 28th. Keep ringing the court and check and request clarity with regards to your impending WS.

 

Regards

 

Andy

[chrismk]

Apologies for the delayed response, the creditor informs me they have informed the court they will not be proceeding. I will check with the court in the morning.

[AndyOrch]