Hi all, I'd like some advice if anybody has been in a similar situation? My brother in law has recently been diagnosed with depression, although it is apparent to us that he has been suffering with the condition for a number of years and he has finally got to the point where he can no longer cope with his financial situation and has asked me for my help. He currently has an overdraft and a credit card debt from the same bank exceeding £10k in total. Both of these have been run up in the last few years, partly as a consequence of the depression and also, in my opinion, partly to blame for the depression. I am going to help deal with this but am stuck as to where to start. I have a sort of action plan that I would like to write to his bank, on his behalf and offer to settle both debts by monthly payments providing they are willing to freeze the interest due on the accounts. It is my belief that the bank has acted irresponsibly in letting the borrowing get to this level in such a short period of time, however, I don't really want to go down that particular road unless the bank does not want to help. Does anybody know of any template letters that could be used to gain permission for a third party to deal with the account? Is there any sort of precedent I can research in regard to the irresponsible lending in such a case as this? Sorry for the long post and thanks in advance for your kind help.

They can also be found under CFO Lending.

Thank again renegadeimp. All contact I have is from the PDL, no solicitors (unless you count litigation manager) or DCA's. I am submitting the defence today and am also submitting complaints to OFT and FOS. I am struggling with the wording for the defence though, I am not sure quite how to put across to the judge that what they are doing is wrong, and that they don't need to be going to court to get the money.. Any help from anybody would be much appreciated.

Thanks for you quick reply renegadeimp. The initial loan amount was £100. The interest was £24. It was taken out on 30th September and was due to be repaid on 24th October. There are £55 of extra charges on the claim (total 179 + 25 court fee = 204), I'm not sure what these are for as I can't seem to find my agreement/T&C's. I have got a copy of the default notice which is dated 16th November and gives me until 30th November to remedy the breach (repay £179). My last email correspondence with the PDL had me agreeing to make a token payment on 12th March, and an email from the PDL stating "Thank you for your email, the contents have been duly noted. Please be advised we will hold your account for three days from 12th March in order time to receive your payment into our bank." Obviously with the date of issue of my claim being 5th March this was rubbish.

Hi, I received a court claim from Northampton (CCBC) for a payday lender (I don't want to name them just yet in case they are reading!). The claim was for the original amount borrowed plus 1 months interest, plus some charges. I intended to pay this before my defence was needed, however things haven't gone to plan financially and now I can't pay so am needing to submit an urgent defence (due 7th April but I am guessing will need to be done today due to the bank holiday) I am in the process of setting up a DMP with CCCS but am having problems obtaining some creditor details which CCCS need in order to finalise the plan.I had communicated this to this PDL and they insisted that I make a token payment to them, which I had agreed to do early the following week, but then received the claim form, so I didn't make the token payment. The particulars of claim are: "Mr Prime99 signed a legally binding pay day loan contract on xx September 2011, agreeing to pay back the loan on xx October 2011. However, Mr Prime99 defaulted on this agreementn and the loan remains unpaid. A statuary notice of default was issued and sent to Mr Prime99 on xx November 2011. Mr Prime99 has made no payment since the issue of the statuary notice of default and we therefore seek the Courts assistance in order to recover the monies owed by Mr Prime99" I would be eternally grateful if somebody would be able to guide me in the right direction. Thanks P99

Many thanks for you replies. I have already acknowledged service (15/3), was just double checking on the rules for filing the defence. CPR 15.4 was the rule I should have looked for before posting!

Hi, I wonder if anybody could clarify a point for me. I received a claim form from the Northampton County Court in respect of an unpaid payday loan. The issue date was 5th March and I filed an acknowledgment of service on 15th March and need to clarify the date by which I have to submit my defence. Is it 14 days from when I filed the AOS e.g today, or Date of Issue +5 for service +14 for AOS + 14 for defence = 7th April? Many thanks in advance for your help. P99.