Hi, is ignoring the right move? If I’m disputing the amount owed surely there is something I can do?

Hi, default date is 29th August 2012. Had two email default notices but not in writing, doesn’t look like an official default notice. on 03/05/2012 had an email stating balance outstanding was £237, another email on 20/05/20 stating balance was £404. Sent a CCA request on 29th August 2013, no response to this. Received an email on 16/12/2014 from Kapama stating I owed £1075! They are not chasing me but I feel they have put excessive charges and interest.

Hi, I was unfortunate, some may say silly to get involved with Pay Day Loan companies over the last few years. I am trying to clean up my credit report and have found four registered on my report. One for over £1000 on what was only a £100 loan. I have attached a copy of the information from my report. Can anyone help me sift through this and advise on the best route. I think the Kapama debt was from Mini Credit who have ceased trading. Just need to know what is the best way forward with these . Many thanks.

Okay, I will go through the statements tonight and work a figure out. The settlement letter they sent me included a form which would be sent to the court for them to “Stay” the Judgement based on my offer. Should I complete this or just put the offer in writing for now until they agree?

Okay, I see what you mean. What do you reckon would be a reasonable but low offer, as you say it is a large sum. Realistically I can only afford around £30 a month. Was thinking of offering 25% of the debt which is approx £1600. In your opinion is this reasonable?

Hi Andy. Have been thinking over the situation this morning trying to decide my next move. Have taken your valuable advice on board. I think with my current financial situation and the effect long term this could have I feel it might be best to try and cut a deal. They may well not be able to prove their claim but I fear this is a bit of a gamble. But I am still thinking about my defence/set off and wondering if I should not cut a deal and pursue the fact that the majority of the debt is made up of excessive fees/interest charges. Also, the fact that they have not provided the documents requested make me think that they will not be able to prove their claim. Do I know wait for the DQ from the Court or do I respond to the Solicitors settlement letter? I assume the mediation would commence once I have completed the DQ form? Would this be the right time to then strike a deal? Your advice would be greatly appreciated. Many thanks.

Thanks Andy. Will look at it tomorrow with a clear head and post my thoughts tomorrow. Many thanks.

Thanks dx. I will await a reply from Andy. Thanks for your help.

Okay, now I have conflicting advice. One saying ignore the letter as it is their usual blurb sent out in these situations and secondly I should consider their settlement offer. But as stated they have not provided proof of the debt yet. They have offered a settlement based on monthly payments but I could only afford monthly of around £40 based on my financial situation. So if I did make them an offer they could still decline my offer. Going back to my defence/set off, can this still come into play or do you think they will go straight for a strike out if I fail to reply to their offer? Or I they trying to call my bluff?

Okay, fair enough. Sorry for further questions but this is all new to me and just wanting to make sure I don't fall into any of their traps. So, you advise not to reply, but what about their claim of requesting my defence by struck out at the hearing? Is this just scare mongering?

A further update today. Received a Settlement letter from solicitors (attached). I need to reply within 7 days or they will apply to Court to have my defence struck out at hearing. Any advice please?

Okay, that makes sense. What about the fact that they have not responded to the CCA and CPR requests? I noticed that they cashed the cheque for the CCA request fee but sent no documents.

Sorry to sound stupid, but what do you mean by "proceed...await the DQ"?

Well, I submitted my defence on 23rd September and received acknowledgement from HMC on 27th. Today I have received two letters from the Solicitors. One is a copy of a letter they have sent back to the court acknowledging receipt of my defence. They have stated that the Claimant wishes to proceed with the Claim and they look forward to hearing from the Court with directions. The second letter to myself states that the Claimant "agrees in principle to mediation. We should also be grateful to hear from you in relation to without prejudice negotiations and to contact them". I have still not received any responses to the CCA request and the CPR 31:14 submitted to the Claimant and Solicitors at the end of August. What is my next move, do I contact the solicitors? Or should I let them answer my defence? Attached are the two letters mentioned. Thanks.

Okay, will do. Am I okay to contact you as and when I receive further correspondence?

Thanks Andy. All done and sent. Appreciate all your help today. BM

Yes, I have the dedicated email address (ccbcdefendants@hmcts.gsi.gov.uk). But my defence letter, can that be pasted into the email or does it need to be in letter format? Just concerned that I will not be able to sign anything on the email. Sorry for so many questions.

Okay. Bit confused now. So I do not fill in the response pack I just email MCOL my defence as a standard email?

One last question. On form n9b section 2 - "Do you dispute this claim because you have already paid it?" I assume I tick No as I have paid nothing to the debt purchaser or yes as I have paid some of the loan?

Just want to double check one thing. Your last message stated not to submit my particulars, just my defence. Are my particulars the first four numbered paragraphs under the Particulars of Claim heading? May sound daft but want to make sure I send everything that is required.

Great. Just tried to log in on Moneyclaim website and the website is down. Will have to email defence document instead. Will this be okay?

Okay. Have amended as per your version. Is this okay to upload to Moneyclaim now?

Here you go... Would someone be so kind to get back to me before 11pm please. Need to get it uploaded on Moneyclaim website. Many thanks. Particulars of Claim 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXX and opened effective from 31/08/2007. The agreement is regulated by the consumer credit Act 1974. was signed by the Defendant and from which credit was extended to the Defendant. 2. The Defendant failed to make payment as required and a default was recorded. As at 22/08/2014 the Defendant owed Lowell Portfolio I Limited the sum of 6,098.30. 3. By an agreement in writing the debt has been legally assigned to the claimant effective 05/09/2012 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. 4. And the Claimant claims:- 1. 6,098.30 2. interest pursuant to Section 69 county court Act(1984) at a rate of 8% per Annum from 05/09/2012 to 04/09/2013 of 66.11. Defence & Set Off 1.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.This defence is made pursuant to CPR 16.6 (a/b) as a defence of set off. 2.Paragraph 1 is noted I have in the past had credit facilities under the agreement reference referred to with xxxxxxxx.The account is currently in dispute with regards to its crippling oppressive historic unfair charges and penalty fees regime and interest being levied to this account. It is averred that any alleged balance consists completely of charges and not of any indebtedness from the defendant. 3.Paragraph 2 is denied neither xxxxxxxx or the Claimant has served a Default Notice pursuant to sec87(1) of the CCA 1974. Furthermore It is questioned whether as an assignee they have legal right to register a default after assignment. Welcome Finance are fully aware of the dispute and why payments were reduced having received intended notice of litigation. 4.Paragraph 3 is accepted, due to the above xxxxxxxx quickly assigned the debt as they were aware of impending litigation and the ongoing dispute. 5.Paragraph 4 is denied not only as the claimant states a different value earlier in its pleadings but is and remains in default of a section 78 request.,also failed to serve Notice of Sums In Arrears pursuant to the CCA 2006 amendments and is therefore prevented from seeking any relief or realise any surety. 6. Therefore it is denied with regards to the Defendant owing any monies to the Claimant ,as per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and therefore 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; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of theconsumer credit Act 1974. 9.Incorporated within the sums demanded by the Claimant are sums claimed for their administration fees, late payment charges over limit penalties and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment.I the Defendant aver the incorporation of such claims are penal and unenforceable at law. 10.To quantify the above in set off since 11th June 2004 the fees applied to this account accumulate to £5452.38 excluding interest. At 24.90% accruing daily equate to £6,810.02. 11.It is therefore requested pursuant to CPR 16.6 (a&b) that any Judgment the court deems fit be set off to a fair and justifiable amount and that my defence should be taken into account. 12.In the circumstances with the facts and matters set out given the Particulars of Claim do not give rise to an entitlement to claim the relief now sought .The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim be set off against this defence.

Thanks Andy. I have compiled my defence using the information you supplied. Will send this to you via PM for you to check over if that is okay. Many thanks.

Yes. But there are charges and interest on there that I disputed but they sold the debt on. Not received CCA docs in post today. Can I still defend?