Different Money/My mate solictors issued County Court Claim form, help!

[AndyOrch]

Defence sent, so we'll see how they respond..

 

Hope it was CPR compliant.

 

Best of luck

 

Andy

[Ninja1337]

1: On the particulars of the claim, they claim that the amount to

be repaid on the 01.05.2014 was £609.50, this is false.

 

On the 07.03.14, I went into an agreement with *MyMate* for a

payday loan for £300 to be paid back in two equal repayments of

£198.26. The first scheduled for the 01.04.2015 and the second

01.05.2014 making the total of £396.52, the contract had a 55 day

agreement.

 

2: In addition to that the charges are not listed in particular,

they would be unfair and unenforceable and should only reflect

reasonable cost.

In particular, their solicitors sent me a default notice and put

£50 on top of the debt because of this notice, even though in the

contract with MyMate, it would cost £20.

 

3: They claim they have done *extensive chasing*.

 

They changed their name last year to *Different Money*, which I

was not aware of until I discovered an email in my junk folder

where they say they would sent their debt to *Alph Legal*, I did

not see it in time to question the debt, and they confirmed I had

to talk to their debt collectors *Alph Legal*.

 

No written letter was ever received of the name change/company

change, so I had no knowledge of this as any email would not be

sufficient confirmation of this as it ended up in my junk folder

without my knowledge.

 

If they could not set an agreement with me by email or phone I

would have expected a written letter to come to myself, this has

not been the case.

In addition, no written *Notice of assignment* was sent to me to

inform me of them handing them over to Alph Legal, so I had no way

of taking action before we got to this stage.

 

And finally, when I received the letter of Intended Action from

Douglas Wemyss (not Alph Legal as informed by Different Money),

asking me to contact them before 10th of April to discuss this

case, which I did by email on the 8th of April to Jane Blowers as

instructed in their letter. I heard nothing back until I received

the claim form.

 

When I was made aware of the this case I did cooperatively work

with Different Money, and have a current payment plan with them

for the original amount of £300 where I already paid in £20.

 

Based on this, I believe that the Claimant has not followed

Pre-action protocols to solve it without proceeding to a claim, in

particular as I responded to the letter they sent within their

deadline.

 

This was my defence, I just put the best I could to my knowledge.

[Ninja1337]

What do you think Andy, was it reasonable enough?

[Ninja1337]

Received the "Notice of proposed Allocation to small claims track".

 

I will of course suggest mediation.

 

 

What happens further after I deliver this?

 

 

Do the claimant have to pay a court fee to actually process to a hearing stage (if they don't want to go through mediation) ?

 

 

Do they have a deadline?

[AndyOrch]

Different.... but obviously the court has accepted hence the allocation.