SSL Capital claimform - Cash Store Payday loan **SETTLED**

[Tonster]

Hi All

 

 

Received a court claim dated 6th Nov from SLL Capital for a payday loan I initially took out with Cash Store in 2012 for £800, total figure now stands at over £1350 incl fees, interest and charges.

 

 

POC's are as follows :

1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed under ref **** by the defendant to SLL

2. I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form.

AND THE CLAIMANT CLAIMS

1. The sum of £13**.** pursuant to the paragraphs above

2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment.

3. Costs and court fees

 

 

I have acknowledged service and intend to defend in full based on incorrect amount claimed due to charges/fees added after termination etc.

 

 

Any more advice would be appreciated, I will look at other defences but any help gratefully received.

[honeybee13]

Hello there.

 

You had posted in a subforum, I've moved you to Financial Legal. Here's a link in case you need it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436237-Court-Claim-Issued-SLL-Capital

 

HB

[AndyOrch]

If you would read and complete the following Tonster posting your responses here ...to enable the correct advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

[Tonster]

Ok Andy, here goes, trying to answer all questions as best I can

 

Claimant : SLL Capital

Date of issue: 6th Nov 2014

POC's :

1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed under ref **** by the defendant to SLL

2. I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form.

AND THE CLAIMANT CLAIMS

1. The sum of £13**.** pursuant to the paragraphs above

2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment.

3. Costs and court fees

 

Payday loan originally taken out with Cash Store sold to SLL Capital

Date of loan : 2012

Yes, received a NoA

No DN received (payday loan though?)

Payments ceased back in 2012 as the rollover interest was astronomic and I had many payday loans and couldn't afford to keep juggling them. The original creditor was offered a repayment of the original £800 loan in instalments (I'd already paid one months interest once) but they refused and sold it on adding additional charges, interest and default sums.

 

I've looked and researched a fair amount on here (for the last few years) but just want to be sure I'm doing the right thing now a claim has been issued.

 

Should I issue a CPR request for the agreement etc. now? I can't do the AoS online as the password won't work so will have to post that in or e-mail as the court advised me today. They can't issue a new password (I'm definitely keying it correctly case sensitive and all that)

 

I'm thinking defence will be incorrect amount claimed due to unfair charges and fees added after the 30 days were up, I'm happy to go to mediation and pay the original loan amount back but not all these fees.

 

Any advice appreciated Andy and anything more I need to add?

 

Cheers

Thanks!!

[AndyOrch]

The following thread may be of interest...read it carefully and digest and follow the procedure.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416737-Help-please-court-claim-1st-Stop-PayDay-***Claim-Discontinued***

 

Have you requested a copy of the agreement yet?

 

Regards

 

Andy

[Tonster]

Hi Andy

 

No, not yet, wasn't sure whether to ask for it via CPR or via s77/78?

 

Funnily enough, I'd already read through that thread already

 

Cheers

[AndyOrch]

They can decline a CPR request...they cant decline a section 77/78/79 request:wink:

[Tonster]

Okey dokey, will get one sent off today.

 

Assuming it doesn't arrive in time to submit a defence do we then look at a holding defence?

[AndyOrch]

Correct

[Tonster]

S77 request done, will post off signed for tonight

[AndyOrch]

Head you request " I do not acknowledge any debt with your company" given that it has been assigned.

[Tonster]

Hi Andy

 

SLL have responded today with a letter in reply to my CCA request. I will scan up the 'agreement' they have sent when I have access to a scanner tomorrow but the letter they sent states the following :

 

'Your true copy of a loan agreement is enclosed; please note that it is a reconstituted loan agreement with your name and address and contains the terms and conditions which were contained in the original agreement.

 

We are providing you with a true copy of your loan agreement as the original has been subject to water damage.

 

There is case law Carey v HSBC Bank Plc. which confirms that the term of a 'true copy' can mean a reconstituted loan agreement.

 

I'm pretty sure I have the original agreement somewhere so will see if I can dig it out and compare it with the one they sent today.

 

AoS sent last week so have another two weeks or so to put together my defence.

[AndyOrch]

"We are providing you with a true copy(Reconstituted) of your loan agreement as the original has been subject to water damage. "

 

 

DCA Quote of the week:first:

 

And the winner is SLL Capital

[Tonster]

Hi Andy

 

So here we go, the reconstituted agreement followed by the original signed one I found last night, as you can see from the limited information they put in the reconstituted agreement they have even got the rate of interest completely wrong.

 

Shall I draft up a proposed defence on the basis that the amount claimed is wrong etc.?

 

I'm not sure how to handle the fact that the recon isn't even a 'true copy'?

 

Do I even mention that at this stage?

 

I guess not?

[AndyOrch]

Can you pdf the above Tonster ...I cant read the second one.

 

Andy

[Tonster]

Hi Andy

 

I had them as .pdf's in the first place and converted them as I couldn't work out how to upload .pdf's as I can only seem to find upload images or videos!

 

How do you upload pdf's?

 

Cheers

[AndyOrch]

**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 http://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

[Tonster]

ere you go in .pdf format

 

Hi Andy

 

I've also added the NoA and the DN (that was only sent by SLL, not the OC)

 

Cheers

 

Tony

 

Any advice on what to put into my defence is greatly appreciated

[AndyOrch]

Might be prudent to remove the original Agreement now Tonster...I have a copy ...never know who is reading the forum.

 

What date is your defence due?

[Tonster]

Hi Andy

 

It is removed, defence due in 2nd December, any help much appreciated

[AndyOrch]

Just give me a nudge middle of next week.

[Tonster]

Hi Andy

 

Giving you a little nudge as requested

 

Cheers

[AndyOrch]

Have a look at this for you tomorrow.PM me if I bypass you:wink:

 

Regards

 

Andy

[AndyOrch]

POC are as follows :

 

1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed under ref **** by the defendant to SLL

2. I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form.

AND THE CLAIMANT CLAIMS

1. The sum of £13**.** pursuant to the paragraphs above

2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment.

3. Costs and court fees

 

Tonster have they ......

 

" I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form." ?

 

Andy

[Tonster]

Hi Andy

Yes, there is a little bit more info in the POC's in this letter they sent :

 

1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed by the Defendant to Claimant pursuant to a fixed-sum loan agreement dated ** January 2012 taken out by the Defendant from Cash Store Limited.

2. By way of a Deed of Assignment entered into between Cash Store Ltd and the Claimant dated ** April 2014 the benefit of the Unsecured Loan and therefore the right to pursue the Defendant for the sums outstanding pursuant to the Unsecured Loan was assigned to the Claimant in accordance with section 136 of the Law Property Act 1925. A copy of the Assignment (in so far as it is relevant to this claim and not subject to confidentiality) will be provided in due course to the Court.

3. Notice of the Assignment was given to the Defendant on ** May 2014

4. The Claimant has tried to mediate with the Defendant to resolve this matter with no avail.

5. Despite numerous requests for payment, the sum of £13**.** inclusive of interest and charges to date remains due and outstanding.

 

AND THE CLAIMANT CLAIMS

1. The sum of £13**.** pursuant to the paragraphs above

2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment.

3. Costs and court fees