PippaB
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This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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MMF claimform - Quickquid PDL **DISCONTINUED**
PippaB replied to RIDDICK's topic in Financial Legal Issues
Riddick, see my thread - they've discontinued proceedings against me; hope it goes the same way for you. -
So... I sent a reminder that they didn't answer the affordability checks and yesterday received a letter from them as follows: " Notwithstanding the merits of our client's claim, we have been instructed to discontinue the Legal Proceedings issued against you..... We confirm that we have notified the xxx County Court accordingly" .. YEY! Thanks for all the help received on here, much appreciated.
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MMF claimform - Quickquid PDL **DISCONTINUED**
PippaB replied to RIDDICK's topic in Financial Legal Issues
Hi Riddick, I've posted an update on my thread as Optima sent a load of paperwork through and look like they will be proceeding. Have you received anything? Just wondered if we're still on the same timeline?! -
Hi all, I have received paperwork from Optima (dated 7th November, requiring a response by 14th November at which time they will proceed with further legal action) - sum which they have broken down to be: principal loan amount £900 (not taking into account all previous loans and repayments that spiralled). Loan fixed interest £225 Failed direct debit fees £12 Court issue fee: £65 Solicitors costs of issuing: £80 Legal costs: £300 Total £1,632 minus a payment they have on record from me (??? unsure of this) £45 - so total £1,587 They sent a statement, loan contract and terms and conditions, default notice and notice of assignment. The statement shows over time I rolled over mutliple times and made payments totalling £967.50 through rollovers, so more than the original sum loaned. They did not reply to my question about affordability checks. So.... any advice at this point? Would appreciate if someone could let me know my options. Many thanks.
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Nothing received yet; will the court thow this out soon? Not sure how it works as they haven't responded to CPR31.14 request and well over 28 days has gone past since I submitted my defence.. Thanks!
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MMF claimform - Quickquid PDL **DISCONTINUED**
PippaB replied to RIDDICK's topic in Financial Legal Issues
Any news Riddick? I am going through the same and at exactly the same point in time as you; no news yet from my side, they still haven't replied to my CPR31.14 request either, so I guess the court will throw these out soon? p -
Just a quick update. I submitted my defence along the same line as Riddick in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?396725-MMF-Court-Claim-received&p=4334648#post4334648 And so far have only had letters from Optima saying they're discussing with their client. I'm in the same boat as Riddick so following that thread with interest - they haven't responded to my CPR31.14 request
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Hi all, my last date to file a defence is tomorrow, but I haven't heard back from the CPR request; just a holding letter from Optima saying they are speaking with their client and will come back to me. Also with 10th August being a Saturday does that rollover to next working day (Monday 12th August) ? What do I do? Is there some kind of extra extension I can file for? Thank you!
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Thanks Andy. So if I don't submit a defence (not sure yet) by 10th August, how long typically before a CCJ is granted? Trying to establish how long I would have until MUST pay it but still get it off my record. Thanks again, P
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Thanks all. If they can't prove they sent me a deed of assignment and/ ore a default notice, would it be thrown out or still up to me to defend? If I don't defend, I have 28 days from judgement to pay and get it removed from my file - is that right? Thanks again, this help is completely invaluable.
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Thank you! I will get that posted off (signed for) tomorrow morning.
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thank you! If I defend as unfair relationship, would i have to go to court, or could I somehow defend by post/ online? Thank you so much for your help, I really appreciate it! P
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Hi, thanks for coming back on this. I don't have any paperwork, so they could have I'm not sure either way. I have not received a breakdown of charges; other than the amount owing (original loan £900; amount now owing £1092) plus court fees etc. which it states on the front page of the claim.
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Thanks you for such a quick response! Particulars: Particulars of claim The Claimants claim is in respect of a personal loan agreement regulated by the CCA 1974 made between Quickquid and the Defendant on 23/07/2010. The Defendant successfully applied for a personal loan in the sum of 900.00 via the Quickquid website and was provided with full terms and conditions. The Defendant failed to make the payments, as required and is therefore in breach of the said agreement. A Default Notice was served on the Defendant, which expired on 25/10/2009 and the defendant has failed to comply with the terms therein. On 30/01/2012 a Notice of Assignment was sent to the Defendant notifying them that this debt had been assigned to the Claimant. The Claimants claim therefore stands at 1,092.00, plus costs. The Claimant has complied with Sections III and IV of the practice Direction on Pre Action Conduct. ____________ I took a look at the other thread and as I don't have any emails/ paperwork from that time (stupid me) difficult to say, but definitely the following applies, especially as the initial loan was much smaller if I recall and escalated to £900 to cover rollover fees and make up the loss each month over time; I had over 7 defaults at least by that point on file and had been in debt management (though not at the time I think, had failed to make the payments): "Your company failed to properly assess my creditworthiness when you lent me money and failed to carry out affordability checks when you rolled-over and modified my loans, all contrary to section 55B of the Consumer Credit Act 1974. Had you undertook a sufficient assessment I would not have incurred additional interest and default charges.” thanks again! P
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