amigo loans claimform - help!

[AndyOrch]

Well according to their T&Cs they are allowed to contact the Guarantor...it doesn't say where...but it is considered bad practice by the FCA..With regards to them not contacting you and they sate they have within their particulars...then again you can deny that they followed Pre Action Protocol and failed to comply ...again these are minor defence points...and not enough to justify defending the claim...IMHO.

[trueblue924]

would that and the fact the account is in dispute not be a good enough defence, as i would be happy to start making payments again and come to a resolution with them

 

if i did defend what is the worst thing that could happen

 

also at the time the defualt was issues i was only 66.37 which is less than one month payment can the default still be raised at that time

[AndyOrch]

also at the time the defualt was issues i was only 66.37 which is less than one month payment can the default still be raised at that time

 

Yes because it was a fixed term loan...repayable on demand if defaulted.

[trueblue924]

andy i thought a defult had to be three missed payments not just one

 

andy here is the defence i intend to submit at the min as i was thinking the default was not correct

 

It is admitted that I did take out an agreement xxxxxx on the 21st of january 2015.

 

this account is in dispute as they have never accepted to send out and income and expenditure form,

when they were informed of the changes to my circumstances,

 

they have also failed to give an accurate picture of the account when calling mrs xxxxx by informing her that we are two months in arrears when we are not.

 

they have also failed to follow correct precourt action protocal by not contacting Mr xxxxxx since august when the account entered dispute and raised with the ombudsman.

 

I would also like to bring to your attention that the defualt notice was raised after only missing one payment,

that payment was made shortly afterwards

a part payment being made to try and bring the account upto date at this point

 

i did request a income and expenditure form, to try and resolve the issues i was having at the time,

however amigo loans then raised a default notice as the account was not even a full monthly payment behind.

 

Therefore for the above reasons the claimant is denied the relief claimed or any relief.

 

andy should i still incldue abouth the default as i had not missed a full payment at the time it was raised i had made a payment for over half that month

[dx100uk]

you need to align your replies to their POC sentence numbers

like andy did in post 37

 

however, there appears to be nowt of relevance in your defence.

 

pers I'd be going for a tomlin.

 

dx

[AndyOrch]

If you look at the T&Cs under " Our Rights " you will see that they can accept partial payments or even late payments without losing their rights.......there is no way around the agreement or the defaults or how many missed payments........the T&Cs......well you would have to be mad to accept them or pretty desperate to deal with them.

[trueblue924]

i will submit the defence as it is in my last reply and hope it is enough as they have not contacted me since august and surely the judge should see that they should not of raised the default after less than one payment was missed

[dx100uk]

no rules against either.

 

its for you to resolve debt issues

 

theres no rule that they cant issue a default after 1 month.

and anyway, all they'll do issue a correct default notice and that settles that issue.

 

a faulty DN is no concrete reason alone to defend a claim.

[trueblue924]

hi guys

 

 

i am in court with this on friday

i have tried to come to an agreement with them but they were having none of it.

 

 

dont know what to expect

 

 

i have had a document come throught about all the points they have made

and i know some of them are wrong but i dont have the evidence of the calls to back it up,

 

 

i will be going

 

 

does anyone have any advice on what to expect etc

[dx100uk]

so you tried approaching them regarding a tomlin/consent order as andy suggested?

 

 

and they refused?

[AndyOrch]

" i have had a document come through about all the points they have made and i know some of them are wrong but i dont have the evidence of the calls to back it up, "

 

That will be their witness statement ....have you complied with your directions and submitted your witness statement and standard disclosure by the dates stated in your notice of allocation?

 

Andy

[trueblue924]

i rang them and tried to sort out a tomlin order but the girl i spoke to didnt know anything about it and that it is too far to arrange anything now so dont know where to go

[AndyOrch]

Didnt ask you that TB...have you complied with the court directions ?....if not you will not be able to rely on any evidence or witness statement on Friday.

[trueblue924]

Didnt ask you that TB...have you complied with the court directions ?....if not you will not be able to rely on any evidence or witness statement on Friday.

 

I haven't yet I didn't read it fully will look at it again today

[AndyOrch]

I haven't yet I didn't read it fully will look at it again today

 

It will be too late as your in court this Friday

[trueblue924]

Is there anything else i can do worse thing is I am now in a situation where I can pay the full amount a month now

[AndyOrch]

You could try and email your disclosures and witness statement across today to the court and claimant...cross your fingers its accepted.

[trueblue924]

not had any replys so doesnt look like they are accepted.

 

what should i expect from the hearing on friday, do i need to attend, i am planning on attending but i do not know what to expect.

[AndyOrch]

At the very least attend...otherwise you will not stand a chance having not submitted your disclosures or witness statement.

[trueblue924]

thank you every one for your input,

 

 

i attended court last week and the judgement was entered

 

 

i have 14 days to pay the full amount

i am going to fill out an income and expenditure form to try and arrange payments with them,

 

 

just a quick question

 

 

it was a joing judgement,

what does this mean

i believed it would just be a judgement on my self not a joint one,

[AndyOrch]

It simply means that you are both liable for payment and both have a CCJ registered against you...but payment is only from one of you.

 

Application to vary payment to monthly.(fee £50)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Sept-2015**

 

Regards

 

Andy

[trueblue924]

i was told to fill out an income and expenditure form to see what i can afford to pay so do i still need to pay that £50 to vary the payment or would sending that sort that out for a monthly figure i can afford

[AndyOrch]

Who told you to fill out an income and expenditure form ?

[trueblue924]

the judge recomened i do it and send it to them asap

[AndyOrch]

They mean submit an N245 as per my post#71 above