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


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Safeloans like to do court, they are just across the road from Croydon Court so there are minimal charges for them for using court. The charges and interest need looking at.

 

I would also add that the description of the account is inaccurate - it is NOT a drawdown, it is a PAYDAY LOAN repayable 30 days after the money has reached the account, and, as such, already carries a high rate of interest. That should be your first rebuttal of their claim against you.

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I would take a read of the following thread Mat...and adapt/edit/add to the defence used in this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416737-Help-please-court-claim-1st-Stop-PayDay-***Claim-Discontinued***/page2

 

Regards

 

Andy

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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 courticon ACT 1984.

DATE: 05 JULY 2012.

 

 

1. It is accepted that I did approach the Claimant with a view to borrowing a short term loan. It was my understanding that this amount was due to be repaid 30 days later, including 30 days interest.

 

2. It is accepted that repayment was to be made 30 days later, unfortunately due to a change in my financial circumstances beyond my control this was not possible.

 

3. It is denied that I have failed to meet the repayment terms and conditions. It is denied that the claimant has made many attempts to resolve this, I have written to the claimant many times regarding this matter, offering and asking for a repayment plan, all letters and emails have been ignored.

 

4. It is denied that I am 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 Defendant has reached the amount claimed for.

© show how the breach occurred and how they attempted any resolution.

 

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

 

6. 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.

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Okay lets add your particulars and see if it corresponds to the claimants pleadings.

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Looks ok to me.......PDL claims never get past the defence stage and usually leave it stayed or discontinue so its difficult to advise on how they may challenge your defence.

 

I suppose the first question that may be asked .....If the proceed

 

" Was you aware and did you agree that the total loan would equate to £300? "

 

And what the court will think when they see the following particulars....

 

1. THE AMOUNT £175.00 - LOAN AMOUNT.

2. LOAN CHARGES / INTEREST £290.56.

3. THE CLAIMANT TOTAL CLAIM IS £465.56.

 

:!:

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And are they in default of a CCA request?

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I haven't sent one, I'm thinking if they look into the file, they may see that they don't have a CCJ like they think they do and then apply for default judgement, while I'm waiting for the CCA to come back.

 

Having sadi that they have ignored every email I have sent them in the past

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Mmm that's a shame...it was have added weight and safeguarded....never mind just submit the above and see what response you get.

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Defence submitted by email. Should I post it to the court?

 

Yes

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The normal procedure within the process...acknowledge claim......14 days submit defence......claimant has 28 days to decide if they wish to to proceed to allocation...or the claim is stayed.

 

Yours has been stayed since they submitted the claim ...not requested default judgment ...not done anything.

 

Now that you have submitted a defence ...as the claimant does not appear interested....the court will not prompt them and leave it stayed.(6 month rule)

 

So in effect nothing in reality as changed except...because you have submitted a defence...they can not proceed to judgment.

 

Andy

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great, so now I could make them aware they don't have a CCJ and get them to start giving me details about the debt.

 

Why ? you know they dont have a judgment......dont prod the bear...unless its necessary.

 

Andy

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  • 2 weeks later...

It seems odd to send a WS when you haven't even had any notice from the court about the claim proceeding, allocation questionnaire, directions, etc.

 

Any chance you could scan them and post them up - minus any identifiable data?

 

It sounds like it's a stab in the dark and hoping it scares you into paying them something rather than proceed.

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Thanks Matt. I've had a skim over it but will look again later to see what anomalies I can spot. Andyorch will be your friend on this and he should be able to give you a quite quick assessment of the state of play.

 

Assuming this proceeds, my first point of focus would be to make them show how the claimed balance was arrived at. There's a few iffy looking charges within the terms and then interest on top. Also, was a default notice ever given to you?

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Do these muppets even have a clue about court procedure.

 

 

Is the unsealed "Reference only" claim form identical to the original.

 

 

If the claim was issued 09/07/12 and they never bothered to obtain judgment in default,

I don't think any Judge is going to be impressed by their correspondence dated 07/08/12

where they are clearly trying to mislead you into thinking you already have a CCJ

and the [naughty word] about enforcement action and AoE order will be requested at your local court on 21/08/12 if it's not paid!

 

 

The claim has been stayed since Jan 13 because of their stupidity of failing to obtain default judgment

- which they are now unable to since you got in first with a defence.

 

 

The [naughty word] about not obtaing judgment sooner because they wanted to be lenient with you just shows what clueless muppets they are.

 

 

WTF is their witness statement all about anyway.

If they think your claim is vexatious and want the judge to throw out your defence

they should go through the proper channel and submit an app for summary judgement.

 

 

I don't think I would be losing too much sleep over these numpties.

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that's weird

 

 

it cant all be fake?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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