amigo loans claimform - help!

[citizenB]

On the final statement you have posted up, they have added the court charges already ?

[trueblue924]

Anyone got any advice on how to defend this

[trueblue924]

would it be best just to accept it as i really dont know what i can do going forward

[AndyOrch]

Bear with us trueblue924

 

I will post something suitable later this evening.

 

Regards

 

Andy

[trueblue924]

Sorry just in a bit of a panic thank you for looking at this everyone really apreciate it

[AndyOrch]

Okay up to speed with the history.......when you informed them of your financial difficulties you stated that they wanted a fresh I & E...did you submit one?

[trueblue924]

No they were very offish at the time and I hoped to get back on track quickly

 

They also wanted me to do it over the phone

[AndyOrch]

So they were prepared to consider a payment plan subject to a completed I&E which you refused.I was hoping you would have said yes...as Im struggling to find a defence.

[trueblue924]

Only as they wanted it done over the phone

 

Have they sent everything they need to under the two things I sent off to them

 

Also it was mainly because they kept saying we were two months behind and were also chasing my mum at work as she was the guarantor

 

However they have not been in touch with my since August

[AndyOrch]

Did your Mother sign a separate agreement...apart from the Guarantee Indemnity?

[trueblue924]

No she did the same as far as I know I dont know if she has the forms yet to compare but I am sure it was done online no signatures

[AndyOrch]

Just bringing their particulars forward....take a look at the points I have hi lighted.

 

1-the first and second defendants entered into an unsecured loan agreement with the claimant

by way of a credit agreement regulated by the consumer credit act 1974.

 

 

the second defendant entered into the credit agreement on 21 january 2015 as the borrower of a loan in the sum of £3000.00

plus interest charged at a rate of 49.9% apr.

 

 

the first defendant signed the credit agreement on the 21 january 2015 and agreed to act as a guarantor for the second defendant

having been advised of their rights and obligations under the agreement.

 

 

following confirmation of the acceptance of the agreement by the guarantor,

the loan was paid to the second defendant via the first defendant in accordance with the claimants terms of business.

both defendants signed consumer credit agreement and were provided with pre- contract information

and copies of the claimants terms and conditions, prior to compliation of the loan

 

 

, telephone conversations were held with both the first and second defendants who confirmed that they understood their agreement

and obligations and confirmed receipt of the terms and pre contract information.

 

 

following the completion of the loan, copies of their signed credit agreements and the terms and conditions of the loan

were sent to both defendants along with a confirmation letter.

 

2-the loan was made of the sum £3000.00 plus interest at a rate of 49.9% apr in accordance with the terms of the contrac.

interest due to the loan account under the terms and conditions of the agreement ceased to be charged on 31 oct 2015in

accordance with the claimants business practices

 

3-the claimant has contacted both defendants on numerous occasions by telephone, letter, email and sms

in order to discuss the loan account which has fallen into arrears but no contact with a satisfactory outcome has been established

with either the first or the second defendant.

 

 

as stated above, a pre payout call was held woth both parties where they confirmed that they had signed their online agreements.

where this assurances was not true, they are estopped from denying the truth of that statement

or are ratifying the act of a third party authorised to sign as agent on their behalf.

 

 

Default notices were sent to both defendants via recorded delivery on the 07/07/2015.

the attempted recovery of the funds above in in accordance with the credit agreement signed by both defendants.

please find the executed credit agreements enclosed.

 

4-the outstanding balance is £3104.18. the claimant further claims interest pursuant to section 69 of the county courts act 1984

at the rate of 8% a year from October 2015 to 02 November 2015 of £2.04 and also interest at the same rate

up to the date of judgment or earlier payment at a daily rate of £0.68

[trueblue924]

Sorry I dont seem to get your point is it down to if she signed the same as me then we have both signed a loan agreement and not a guarentor agreement for the second person sorry I am not quite getting it

[AndyOrch]

Did your Mother also send a CCA /CPR request....did she also ask for a copy of the Guarantor Indemnity ?

 

You state you have not checked with your Mother " I dont know if she has the forms yet to compare "

 

 

Do you not think its leaving things a little late the day before your defence was due?

[trueblue924]

My forms only arrived yesterday so have not had chance to see if she got them or not and we didnt ask for that form as it wasnt in the particulars so didnt even know about it

 

We did send off both the cca and cpr request

 

Can i ask for an extension due to only recieving the forms yesterday

[AndyOrch]

No because you need the consent of the claimant and it should of been requested/submitted at least 7 days pre defence.

 

If you want to defend this...and as already advised I cant see a defence...possibly your Mother has a defence if she didn't electronically tick the agreement..and the Guarantee Indemnity is not linked to the agreement .but only one of you can be judged (CCJ) you need to get together with your Mother and ask the questions I have asked and see what she has received.

 

You still have until 4.00pm tomorrow to submit a defence....

 

Andy

[trueblue924]

She has recieved the same documents however her is a gurantee and indemnity subject to the consumer credit act 1974

 

She filled out the same does it not make no difference they consistantly lied about the amounts owed to apply presure to get payment and they would not allow me to send a I and e form they would obly accept over the phone plus they were not allowed to chase my mother at her employers work place

[AndyOrch]

Oh dear..... so it looks like you are going to have to admit it or try to negotiate with the claimant....ask if they would be prepared to settle by way of a Tomlin Order?

[trueblue924]

Who decides who is judged

[AndyOrch]

The Court...you are the main defendant (borrower) so It will be you.

[trueblue924]

Are they allowed to add the court costs on and how can they say they have acted fairly as they gave us no warning they were going to court and also the way they acted in the build up

 

so she wont get a ccj against her no matter what

[AndyOrch]

Well they state they tried to resolve it...you state they offered to do a payment plan...but you refused to do it verbally by phone...I really cant see what else they could have done?

 

If you look at the T&Cs they are entitled to claim contractual interest on the full amount...even after judgment up until payment...which they are not because they have terminated the agreement and frozen the interest...thats why they are only claiming simple 8 % (sec69) interest on the claim....it could have been a lot worse if they had stuck to the T&Cs and charged you 45%...you would be paying for an eternity.

 

Tomlin Orders can be agreed were you dont pay costs...you dont get a CCJ...and can arrange an affordable monthly payment plan.....but if you could offer a F&FS you are in a stronger bargaining position.

[trueblue924]

sorry what is a f and fs, just had a look through tmy mum papaerwork and her name spelt wrong on the cca

 

also payments were made in full everymonth after that by my mum until september where she realised she was lied to about how behind we were at the time of the calls

 

just a further bit of information the day i paid the 80 on the 27th of june was the day i informed them of the problems i was having

[AndyOrch]

sorry what is a f and fs,(Full and Final Settlement) just had a look through tmy mum papaerwork and her name spelt wrong on the cca

Irrelevant

 

also payments were made in full everymonth after that by my mum until september where she realised she was lied to about how behind we were at the time of the calls

 

But Oct Nov and I presume Dec wasnt.....so you are in default of the agreement

 

Im sorry I cant be more positive trueblue924...but that is the reality of the matter and the way a court will view it.....believe me I take no prisoners and if I could see a defence I would gladly draft you one...but to defend this is only prolonging the matter and possibly adding further costs to the debt.

 

Regards

 

Andy

[trueblue924]

i understand what you mean and do aprreciate what you are saying

just really unhappy that they are able to do this even though they have never tried to resolve anything

they have not contacted me at all since august,

 

the details they have for my mum in terms of her name are wrong even though they claim they do fraud checks to ensure they have the right people etc,

 

they have even chased her at work which i believe they are not allowed to do.

 

i would love to talk to them but where they have lied and misslead us all the way

and not even got in touch with me to discuss at all for the past three months