SLL Capital - Enforecment Department [DCA] - old stayed claim?

[dx100uk]

no theres no limit sadly

cases here have been unstayed after +3yrs

 

 

sb clock stalls from the cate the claimform was issued, till whenever the case is resolved or disc'd

[Bazooka Boo]

no theres no limit sadly

 

every day is a school day!

[madmatt101]

how about submitting a defence while it is stayed?

 

I dont want the stay lifted and then a default judgement added as I haven't submitted a defence. Or is there an option after they lift the stay?

[madmatt101]

I just spoke to Northampton and they said I can still submit a defense to the claim. Should I submit a defense in case they apply to a judge to unstay the case

[dx100uk]

But what defence can you offer?

 

Puzzles me they have offered a large discount mind

 

Are there lots of charges/rollovers??

 

DX

[madmatt101]

There were charges added. And I also went through all my old emails and they added interest and charges after the default. I borrowed £175 and according to the paperwork I owe nearly £500

[ScarletPimpernel]

It would appear, though, that whilst there is a stayed claim, there is no CCJ. The DCA is clearly trying to mislead, and ought to be reported to the FCA.

[richard123]

Slightly off topic however - which PDL do use court?

[sillygirl1]

richard123 you can't really make an 'assumption' as to which PDL use court - technically all of them can - and some are more hasty in their actions than others.

 

All PDL court claims should be defended in full - we can help with that.

[richard123]

SillyGirl1 - thanks for the reply. From reading up on these PDL I have just come to assume the majority don't seem to do court. Thanks anyhow!

[Bazooka Boo]

From reading up on these PDL I have just come to assume the majority don't seem to do court.

 

Which doesn't mean they won't or can't.

 

That's like saying the majority of the population don't use court, but the option is there if they need to.

 

And I also went through all my old emails and they added interest and charges after the default

 

Well that's naughty! If they defaulted the account, then it would have been terminated,(?) therefore any charges and interest they applied

afterwards is unenforceable as no agreement existed.

[madmatt101]

thats why I was wondering if I should put in a defense for the claim

[madmatt101]

I have a question about this.

 

I have now started getting letters about this debt,

 

 

however if I remind them they have no judgement they could apply and unstay the case,

 

 

and as I have no defence submitted they could get a default judgement.

 

What would your opinion be, ignore the letters or submit a defence

 

 

o they can't get a default judgement if I remind them they have no judgement?

[AndyOrch]

I would submit a defence....they could request judgment any time.

 

Andy

[madmatt101]

here are their particulars of claim

 

 

DATE: 05 JULY 2012.

 

CASE PARTICULARS

 

THE CLAIMANT PROVIDED THE DEFENDANT AN AGREED CREDIT LIMIT UNDER A RUNNING ACCOUNT AGREEMENT

DATED 04 JANUARY 2012 (SHORT TERM LENDING), TO THE SUM OF 300.00.

 

THE ACCOUNT HAS NO FIXED DURATION, ENABLING APPROVED SUMS TO BE DRAWN DOWN UP TO THE CREDIT LIMIT.

 

EACH DRAWDOWN AMOUNT PLUS INTEREST WILL BE REPAYABLE WITHIN 30 DAYS FROM DRAW DOWN DATE.

 

THE REPAYMENT DATE WAS 07/02/2012.

THE DEFENDANT HAS NOT GIVEN ANY NOTICE TO PAY THE CLAIMANT EARLY OR IN PART

AND THE ACCOUNT IS STILL OUTSTANDING TO THE SUM OF £465.56.

 

THE CLAIMANT IS ALSO ENTITLED TO INTEREST AT THE RATE STATED IN THE TERMS OF THE AGREEMENT.

 

 

THE DEFENDANT HAS FAILED TO REPAY THE ACCOUNT.

 

THE CLAIMANT CLAIMS:

1. THE AMOUNT £175.00 - LOAN AMOUNT.

2. LOAN CHARGES / INTEREST £290.56.

3. THE CLAIMANT TOTAL CLAIM IS £465.56.

4. THE CLAIMANT CLAIMS STATUTORY INTEREST AT 8% UP UNTIL THE DATE OF JUDGMENT OR SETTLEMENT, UNDER SECTION 69 OF THE COUNTY COURT ACT 1984.

 

 

 

 

I did borrow the money, however they have added charges after the default? so i dispute the amount owed, however I do not want to get a CCJ.

 

The total on the default notice is £305.06

[AndyOrch]

Have a look in the following forum Matt...you will find examples of PDL defences.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?377-Payday-Loan-Company-claims-and-litigation

 

Have a go at drafting one and post here for further comment...you must edit it to suit your particulars of claim.

 

Regards

 

Andy

[madmatt101]

would I be able to use irresponsible lending in a defence?

 

Also this is the details of the claimant

 

CLAIMANT DETAILS

 

SAFELOANS LTD

30 CHURCH STREET

CROYDON

SURREY

CR0 1RB

 

 

CLAIMANT SOLICITOR DETAILS

 

SLL CAPITAL

UNIT 6B

23 COMMERCE WAY

CROYDON

SURREY

CR0 4ZS

 

TEL: 0208 2534140

 

 

are SLL Capital actually solicitors?

[AndyOrch]

No they are DCA...but are authorised and regulated by the FCA...they will have their own in house Litigation team.

 

With regards to irresponsible lending....you wont find that in any holding defences...nor should you as a holding defence does not go into that much detail.

 

Keep it simple.

 

Andy

[dx100uk]

any good?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436237-SLL-Capital-claimform-Cash-Store-Payday-loan

[AndyOrch]

Perfect DX

[madmatt101]

how about this?

 

Particulars of Claim

 

1.THE CLAIMANT PROVIDED THE DEFENDANT AN AGREED CREDIT LIMIT UNDER A RUNNING ACCOUNT AGREEMENT DATED 04 JANUARY 2012 (SHORT TERM LENDING), TO THE SUM OF 300.00.

 

2.THE ACCOUNT HAS NO FIXED DURATION, ENABLING APPROVED SUMS TO BE DRAWN DOWN UP TO THE CREDIT LIMIT.

EACH DRAWDOWN AMOUNT PLUS INTEREST WILL BE REPAYABLE WITHIN 30 DAYS FROM DRAW DOWN DATE.

 

3.THE REPAYMENT DATE WAS 07/02/2012. THE DEFENDANT HAS NOT GIVEN ANY NOTICE TO PAY THE CLAIMANT EARLY OR IN PART AND THE ACCOUNT IS STILL OUTSTANDING TO THE SUM OF £465.56

 

4.THE CLAIMANT IS ALSO ENTITLED TO INTEREST AT THE RATE STATED IN THE TERMS OF THE AGREEMENT. THE DEFENDANT HAS FAILED TO REPAY THE ACCOUNT.

 

THE CLAIMANT CLAIMS:

1. THE AMOUNT £175.00 - LOAN AMOUNT.

2. LOAN CHARGES / INTEREST £290.56.

3. THE CLAIMANT TOTAL CLAIM IS £465.56.

4. THE CLAIMANT CLAIMS STATUTORY INTEREST AT 8% UP UNTIL THE DATE OF JUDGMENT OR SETTLEMENT, UNDER SECTION 69 OF THE COUNTY COURT ACT 1984.

DATE: 05 JULY 2012.

 

 

DEFENCE:

 

 

1. It is denied that I had an agreement with the claimant dated 4th January 2012. To the sum of 300.00, it is admitted that I had an agreement with the claimant dated 29th November 2011 to the sum of 250.00.

 

2. It is denied that I took any loan amount with a repayment date of 07/02/2012

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the consumer credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

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

[madmatt101]

another thing I have just found out is that safeloans ltd have been dissolved at companies house, as they are the claimant, would that stop anything proceeding further?

 

Name & Registered Office:

SAFELOANS LIMITED

UNIT 6B ZK PARK

23 COMMERCE WAY

CROYDON

SURREY

ENGLAND

CR0 4ZS

Company No. 09356133

 

 

 

 

Status: Dissolved 08/09/2015

Date of Incorporation: 16/12/2014

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC):

None Supplied

Accounting Reference Date: 31/12

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due:

Last Return Made Up To:

Next Return Due:

Mortgage: Number of charges: ( 0 outstanding / 0 satisfied / 0 part satisfied )

Previous Names:

No previous name information has been recorded over the last 20 years.

 

 

I have not had any notice of assignment to SLL Capital, who are chasing the debt, and strangly seem to be the solicotors on the claim form

[madmatt101]

scratch the above, I just noticed the dates on the incorporation

[shamrocker]

Was there an account number referred to in the POC? I don't think you need to reference the £300 or £250 in the defence unless they've allowed you to borrow more than the agreed amount, and there are no terms to cover the increased amount, which you can then exploit in defence. It looks like they claim you received £175 credit, then they've added £290.56 in charges and interest. Your focus will be on making the claimant prove 1. you had an agreement 2. it is compliant with the law 3. how the claimed balance was arrived at.

 

It would be worth getting Andyorch's opinion on the first #1 and #2 of your defence as it doesn't look right to me - I think you could be a bit more vague.

 

I'd be surprised if you ever hear anything more of this claim if you enter a defence that they know will make them work for any judgement. There's a fair chance you can give them a pasting in the process anyway - but you will have no chance without a defence.

[AndyOrch]

Requires work Matt...will take a look over it in the morning.

 

Regards

 

Andy