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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I have now submitted an acknowledgement of service online, but a bit a confused as to whether that does give me extra time or not? When do I have to submit my defence by if issue date was 8th July? Thank you!
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Hi all, Received court claim papers Issue date 8 July 2013. States loan from 2010 – I had ignored it after rolling over at least 12 times and spiralling into problems, couldn’t afford to pay back and now got to this point. I guess my first step is to apply for more time online – will do this shortly. And then, send a letter asking for some kind of SAR/ CCA documentation. Then post back here? Many thanks for any help; I have no clue about how to approach this and if anyone has had any success with defending against a payday loan, by saying repaid many times over (rollover payments) ? Also, can you purely defend by post? Dont want to have to attend court at any point. P
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Many thanks again silverfox, will look at the templates and give it a shot!
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Many thanks for such a quick response silverfox. That link is fantastic! As I understand many companies don't cash the postal orders, do you think it would be acceptable to send off the CCA requests (x7) without them, just adding in a clause if they want it please let me know within the same time frame? I'm really struggling financially you see.. Also if the debt can't be enforced, would I then have grounds to ask them to write it off? Otherise I assume I leave it 6 years and then ask to have it removed from my credit record? Thanks again. PS could I get away with taping a £1 coin to the letter? Easier and cheaper than a PO?!
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Hi all, I just wondered if there is a sticky somewhere giving guidance on unenforceability and CCA requests at all, and I just can't seem to find it? It's so confusing and there is a lot of information out there which makes it really hard to understand the basics! I don't understand if it's unenforceable for agument's sake - can you get it removed from your credit file and stop paying the debt? It all sounds a bit too good to be true but would appreciate guidance on if anyone thinks this is worth pursuing? I have 7 debts all pre 2007, (Nationwide unsecured loan, Barclaycard, Mint card, Sainsburys card, MBNA card, Halifax card and FLM unsecured loan). I've been in debt management with them all for about 3 years and credit score is already obviously screwed so no worries on making it worse. I'm paying them back but mostly the interest is being lumped on and debts are still going up! (Some don't apply interest, some do and refuse to stop). Any thoughts much appreciated. Thanks.
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Court claim from Lowells for Lloyds overdraft
PippaB replied to Aterlatus's topic in Financial Legal Issues
Hi there, Congrats on making it through court at all - must be said! I don't have the time or courage to go through the court process I don't think. I'm not even sure I understand half the conversations on these boards! lol They'd make mince meat of me. No word from Barclays yet, 4 days to go, not sure what my next step should be, will hunt down info tonight if nothing in the post. I'm not particularly hopeful and have resigned myself to waiting till the court case is decided. At least I've put my claim in now, most of the work done. Thanks for taking the time to let us know how it went - can't have been fun! Pippa. -
Court claim from Lowells for Lloyds overdraft
PippaB replied to Aterlatus's topic in Financial Legal Issues
Hi Aterlatus, Just wishing you masses of luck for tomorrow; fingers crossed! I'm interested as I've just written to Barclays to request they look at my case under the grounds of financial hardship. There doesn't seem to be much info out there on anyone being successful but here's to hoping. Best wishes, Pippa. -
Hi Slick, Thanks for your reply. Indeed I stated I met the FSA criteria, (have to be honest I used Moneysavingexpert for the advice re financial hardship application) to be treated as a financial hardship case and met the £500 charge/ year mark as an indication of such. Going 1p to £3 over my overdraft limit often and being charged £30/ £35 was severely contributing to my situation. In fact the new £8 rule is the same for me as they have given me 0 personal reserve. Hopefully the CCCS DMP evidence will help my case. I was originally so hopeful (I know that "financial hardship" only helps push them to assess my case, not guaranteed to pay me any of my claim), but even so, having read much more in detail, I'm now pretty despondent. Like everyone else, the money would really make a huge difference to my pretty dire financial situation but it seems unlikely I will get it. Well my letter (4th Sept) gave them 14 days to respond, so time's ticking away.. I will def post back with their response. Thanks.
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Has anyone had any success with reclaiming bank charges for a personal bank account under the financial hardship rule at all? I put my claim in last week and hoping that they will see that I'm in financial hardship (I have a DMP with CCS, and sent them evidence as such). I know other banks have paid out almost immediately and some, as usual are either denying any knowledge of the financial hardship waiver (meaning they should assess your claim now, not wait until the outcome of the court case), or refusing to believe you're in financial hardship to qualify. I could really use the money (couldn't we all?!), and just wondered if anyone has had any experience of this with Barclays? Thanks! Pippa.
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Hi all - thanks for the replies At a rough guesstimate, I think they owe me about £400, maybe more, but def not enough to cover my overdraft - I wish!! I have all my statements in various degrees of organised (or not!) filing, so I'm going to save myself the £10 and go through what I have and add it up myself. Luckily I didn't have any charges before 2 years ago, so hopefully it shouldn't be such a mamoth task. I have received all my new bank account stuff now though, so have to start taking some action now, no more excuses! I really hope Barclays don't shut me down, as you can't use an Electron card in half as many places as a normal Visa debit card, but it's about time I face facts and realise it is definitely a possibilty Sarah - god that's an awful lot of messing about on their part, i'd def go against them for all your worth in that case!! I have to be honest, I know it's my money etc but if they offer me half it will make a big difference to my account, and a small price to pay for keeping the account open. Will def update as and when I get going. oblong - lol - exactly how do they think they fund these amazing legal teams!! Seems to me the adviser was quite rude though... Back to work though...even on this beautiful sunny day!!!
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