I have a similar claim going through against PDUK / BW Legal in respect of a loan from 2012, I had filed an initial holding defence but intend to file an amended defence to include inaffordability / lack of checks and overall usurious interest rates. Are there any templates available for this ? Thanks in advance.

Hiya, yes have now informed the OFT and also Stella Creasey's office. Will let you know how the case transpires....

I'm involved in Court action myself with a PDL company (Sillygirl has already helped me out with the defence) and I'm intrigued to hear about the lack of default notice requirement, which I was intending to flag up - the company I'm dealing with also allege that no formal notice of proceedings is required (in my case the company issued a Claim Form the day after the loan period elapsed). Are they correct ? Cheers YM

Cheers for the response. I'm looking to pre-empt any Court action by requesting documents and raising points which would usually be included in a Payday Loan defence, such as unfair contract terms / unreasonable charges etc. Swift Sterling are the main culprits, the problem with them is that they send little or no correspondence and refuse to enter into e-mail negotiation (or any negotiation at all.....). I'll certainly use your info as a starting point though and will look to contact the relevant bodies as you suggest. Thanks again.

Hi, can anyone direct me to a template defence to use when confronted by legal action on a payday loan ? I'm trying (unsuccessfully) to agree payment terms with one or two companies who are now getting "heavy" and I need to be prepared for the Northampton bulk Claim Form, if and when it arrives.Many thanksYM

Just to clarify, is is reasonable for companies to request copies of wageslips and bank statements to verify the figures on a Statement of Means form ? Put another way, is it unreasonable to refuse this request (what have you got to hide etc) ?

I can assure you, Quick Quid won't send anyone round as it simply isn't cost effective. And the debt collectors they use (Gothia) will usually offer you a discounted settlement so may be a good thing in the longer term. Like you I used to have a mortal dread of these people but after 10 years or so of constant battles with debt and DCAs, telephone calls and letters, you realise that their bullying tactics are just that, all wind and p*ss. And I've never had a sniff of a doorstep collector in all that time.

They're by far the worst of a bad bunch in my opinion, both in the way they lend money and their intransigence when it comes to payment difficulties. For instance, nowhere on its site does it mention that they charge a £20 transfer fee deductible from the loan and what's more, the only way you can avoid this is to send a written request in advance that you don't require funds the same day.... They no doubt think its good "business practice" to acquire a reputation for extortionate charges and a refusal to negotiate - hopefully the OFT will grow a pair of balls and deal with these people like the wretched dogs they are.

I don't think its statute barred as the action commenced about 3 years ago, but there's around 12k of 15k outstanding so fairly substantial. Having said that I would reckon about £5k of the outstanding comprises PPI and penalty charges, just depends whether I have a legal base to resurrect these issues again.

Hi all, In the light of the recent decision re PPI, would it be sufficient reason to apply to have a CCJ set aside ? Its from 2009, I admitted the majority sum of a claim brought by RBS over a default loan which, in retrospect contained a large element of loan protection premium. At the time of the Court action the test claims were on hold and I didn't think there would be sufficient grounds to stay the claim, but maybe I was wrong.......... The bank in question subsequently obtained a Charging Order and the debt is being repaid at an agreed monthly sum, but if I can re-open the matter and at least reduce the debt then all well and good. Any advice gratefully received. YM

I had the same problem with QQ regarding bank details, they simply won't provide them. In my view you've done all you reasonably can to come to some arrangement and I would simply leave it at that, their most likely next course of action will be to sell on the debt to someone like Gothia who may offer you a discounted sum to settle. You might have to put up with a few crappy phone calls until they do this though. I would also resist any attempt on QQs part to add any interest or charges to the amount owed, as you've clearly attempted to reach an amicable agreement over the debt.

Just to add to siennasmummy above, I had a brief chat with my ex bank on cancelling my card and also cancelling a QQ direct debit (which curiously I couldn't do online) - he said that even if there was nothing in the account, no overdraft facility and no debit card, QQ could still extract payment as it was deemed a "cash transaction". He further stated that if the account (which is a basic debit account) went oevrdrawn then they would close it immediately. Which in some respects would be preferable, in terms of repaying an overdrawn bank account than having to deal with QQ or their minions.

From recent experience it seems that e-mailing Wonga to discuss a payment plan is a complete waste of time, regardless of the "client friendly" guff they publish on their website. The aim is obviously to leave any defaulting accounts to accumulate as much as possible in charges / interest whilst you try and "negotiate" a deal. All I'm doing now is waiting for their DCA to get in touch and arrange a payment plan separately, however if they think I'm paying anything over the original sum and say 1 months' interest they can get stuffed and sue me. Make sure you keep a paper trail of any exchange of e-mails to produce at a later date..... Don't worry about these crooks, the worst they can do is take you to the Small Claims Court which is highly unlikely. Equally any talk of bankruptcy is pure scaremongering, what would they gain from it anyway ?

Hi, I believe the legal maxim is "Res Judicata" (already judged), you may still need to enter a defence - if you do I would quote this and attach a copy of the previous judgment. The Court should then throw it out at the initial stage.

Hi, I've descended into "Payday Loan Hell" and can no longer afford the constant rollovers / interest payments. One of the agreements is with Wonga, having paid my last loan in full I took out another about 10 days ago, rather than just default though I've decided to exercise my right to cancel within 14 days and pay back the amount owing in instalments. I would like to know if anyone else has gone down this route and whether it results in the usual endless round of phone calls / threatening letters and bank account misuse, does it put me in a stronger position (negotiation - wise) if effectively there is no agreement in place ? Cheers YM