paydaynoway may indeed be a carter forbes employee but what he has said in a way is right.......... Judges aren't interested in the technicalities, if you signed, avoided paying (by that I mean not negotiating paying the money back), they will CCJ you, no matter how many technicalities you have. Believe me, I tried and failed and it ended up costing me £800 for a £150 loan.

Contact them now, some will set up payment plans now, others will wait until you default (to add more charges). The main thing is you are addressing the issue and making headway. No payday loan company in the world would take you to court if you had made a reasonable offer of payment, so really they havent got a leg to stand on. I have been to court and lost, and also been to court and won, but in the first instance I was daft and just thought I could get away with not paying them. This is not the case. I was in the same position as you with payday loans with every company that would give me a loan (about 11 in total). It has taken time but I am now paying most of them back by standing order installments. Keep your head up and I would be tempted to send them all an edited version of the 'stop phone calls' letter from the templates library, changing the amount of phone calls section to the fact that receiving phone calls at work would cause embarrasment. Hopefully this should reduce the amount of calls you will receive, but prepare for some companies to contact you at work trying it on. If you need anymore info or have anymore questions feel free to post.

Simplest way forward I can see is pay the £36 owed then issues court proceedings on them!

I have had dealings with a number of companies mentioned on this site (which I am not proud of), and yes I was CCJ'ed, although I paid it off before the CCJ was registered.

Put it in writing asking what the charge was for, that would be my place to start, then take it from there.......

From my own experience I would set up the payment plan, then once you have paid what you owe, if they still want to argue about the charges then let them, they will not take you to court for charges alone. I fought them in court and lost, but they didn't even argue the charges and agreed they should not be added to the total cost.

The latest on mine is that I got the judgement set aside, went back to court, lost miserably, got CCJ'ed for over £600......

Hey Cooldude, Just be aware that Cash Genie monitor this site and will use anything they can in court (as they did to me), so be careful what you say!

Yep that was me, wasn't good, in the process of trying to get the CCJ set aside.... My debt never went to Carter Forbes, was dealt with in house. Would suggest starting with CCA request, as the advice I was given (which was a little to late - my own fault), was that there default notice was tosh anyway so they wouldn't have a leg to stand on in court. Like I said I left it too late so make sure you get in there first.....

But I would still cancel my card / direct debits jsut in case!

Will do that today. Thanks for the info. s4ddy Well just come back from the court in my lunch hour and the story unfolds some more...... Firstly they said the case had now been sent to trial in October with a load of other orders set by the judge. I questioned this and it appears the wrong order had been typed up on my case. Not good. He then went back to check again, and said he had found what the judge had said, judment to the claimant for the full amount + £210 costs. Reasons being I was not there to state my case, and the claimant defended explained everything in my defence (so they must have turned up). I questioned the order I had from the court saying I had to submit my defence no later 22nd July due to the cheque error, and he said it was two seperate departments. The judge would have had no idea that I had submitted an amended defence so that would not have been taken into consideration. As you can guess at this point I felt like crying. I asked what I could do next and he said I had two options. I could either pay the money (don't fancy that much), or submit an application for the judgement to be set aside. I figured there was nothing else I could do there and then so asked for a copy of the judgement so I had it when completing my application for the judgement to be set aside. He said the order hadn't even been typed up yet, and I should receive it Saturday or Monday. Not helpful when i'm expected to have paid it by next Thursday! So looks like this aft I will be filling out yet more court forms to have the judgement set aside, although i'm not holding out much hope. So be warned people Payday loans DO take people to court and the judge MAY find in their favour. My advice would be to get advice as soon as the problem arises and not leave it till the alst minute like me! Well just come back from the court in my lunch hour and the story unfolds some more...... Firstly they said the case had now been sent to trial in October with a load of other orders set by the judge. I questioned this and it appears the wrong order had been typed up on my case. Not good. He then went back to check again, and said he had found what the judge had said, judment to the claimant for the full amount + £210 costs. Reasons being I was not there to state my case, and the claimant defended explained everything in my defence (so they must have turned up). I questioned the order I had from the court saying I had to submit my defence no later 22nd July due to the cheque error, and he said it was two seperate departments. The judge would have had no idea that I had submitted an amended defence so that would not have been taken into consideration. As you can guess at this point I felt like crying. I asked what I could do next and he said I had two options. I could either pay the money (don't fancy that much), or submit an application for the judgement to be set aside. I figured there was nothing else I could do there and then so asked for a copy of the judgement so I had it when completing my application for the judgement to be set aside. He said the order hadn't even been typed up yet, and I should receive it Saturday or Monday. Not helpful when i'm expected to have paid it by next Thursday! So looks like this aft I will be filling out yet more court forms to have the judgement set aside, although i'm not holding out much hope. Can anyone please take a look at the documents in this thread and tell me if there's anything else I can use to have the judgement set aside? My amended defence already covers adding £137.00 in charges when they only sent 5 letters and the default notice not being in the prescribed terms. Any help at all would be most appreciated as i'm at the end of my tether, serious down. Cheers

Well i've been off work for a few days and just come back and phoned the court to get a response. I sent in my amended defence but this was returned to me as I had made the cheque payable to HMRC rather than HMCS (stupid mistake I know). I received a letter on the 15th July stating I had until 22nd July to pay the outstanding £40.00 otherwise the case would be automatically struck out. Upon speaking to the court today they said judgement had been ordered for the claimant for the total amount of £615.78 + £210 costs. Total £825.78 to be paid by 29th July 2010. I just cannot believe it. Can anyone advise what I can do next? £825 for a £150 loan is just unbelievable, especially when I took the paperwork for the amended defence to the court myself, they checked all the paperwork and said it would be dealt with. Clearly it hasnt. Can anyone help as there is no way in the world can I afford to pay that and i'm now in bits. cheers Bit of a long story but not good! The court have sent me my amended defence back but this was returned to me as I had made the cheque payable to HMRC rather than HMCS (stupid mistake I know). I received a letter on the 15th July stating I had until 22nd July to pay the outstanding £40.00 otherwise the case would be automatically struck out. Upon speaking to the court today it appears the claim was still heard on the 15th, they said judgement had been ordered for the claimant for the total amount of £615.78 + £210 costs. Total £825.78 to be paid by 29th July 2010. I just cannot believe it. Absolutely gutted.

Well today is the day, will post back when I find out the result! Ended up submitting an amended defence saying that their default notice was not in the prescribed form, sky high APR, stupid charges etc. Should get the result at 10am today as I was unable to attend yesterday. Will post when I have found out.....

Can you have a look at the email below for me please? I intend to send this today if it looks OK, and will then be deleting it from the site as walls have ears if you know what I mean. I will repost once the case has finished.

Not sure which line to take, will ahve a think about it. Can you please just explain exactly why the default notice isn't valid? I understand that it is not in the prescribed form but can you please explain exactly why? Once again thanks for all your help

Just spoke to the court and to submit an amnded defence you have to submit a N244 form with the reasons for the amended defence. There is a £40 charge for the judge to consider it on paper, or if you choose to do it at the hearing in front of the judge its £75.00. I don't get paid until next Wednesday so may have to go for the more expensive option. I suppose its worth £75.00 if the case gets thrown out. Or I was thinking I could offer CG £50.00 token payment? What d you think?

How would I do that?

Many thanks for all the info. I didn't realise a date had been set, I rang the court last week and they said no date was set as yet as they had failed to pay the lsiting fee. They have paid it now so I was waiting for a court date. Might just give the court a quick ring...... Jsut rang them and its definately next week.......

Also now attached, orginal claim form. WOuld you please expand on the above comment? CG Original Claim.pdf

Not really, TBH I can show the courts that I wasn't avoiding them, I just couldn't afford to pay, plain and simple. They sent me all sorts of offers etc but wouldn't let me pay by standing order so I was never able to take them up (they were all verbal), and I most certainly wasn't willing to give them my card details after what I had read. I can still show the courts now my salary is taken up through priority bills which I am just about getting to the bottom of (gas, electric, mortgage arrears). And have a disposable income of £14 per month on paper. I could be, would be a struggle but could probably raise the inital amount borrowed...... Good morning and happy friday! Have attached a copy of the default notice, there response to my CPR request and accompanying documents. Will upload the original claim form with POC's shortly. Cheers CG Default notice and my response.pdf CG response to CPR Req.pdf

But £550 - A little excessive?

Will try to get home tonight to pick it up and will upload tomorrow all being well. Thanks for all your help. Would you believe I have just had an email with a without prejudice offer to settle at £550.00? The cheek!

Wont be able to get hold of it until after the weekend, which I suspect will be too late by then.

Hi 42man, The particulars of the claim were very sparse, they jsut said payday loan + charges and interest claiming over £700. They did send a default notice when they should have done, dont have it to hand though im afraid. I have attached my defence and their reply to my defence for your perusal. Just realised there is a court date scheduled for 15th July 2010 so I intend to appear in person, could really do with a steer as to what to say. TBH I never expected it to get this far........ They only sent me the docs attached last week, therefore giving me no time to respond. claimants N149 + reply to filed defence.pdf

Can a mod please close of this thread? Have reposted in the legal section. Thanks Can anyone advise?