bally79
-
Posts
32 -
Joined
-
Last visited
-
Great, thank you Doney! Even without Andy wording it, it is much better than the rambling nonsense I would more than likely have come out with!
-
I definitely don't think the PPI was explained to me, but it does say on the agreement that it is optional. It was only ever mentioned in the same way as the acceptance fee though and wasn't something I thought I could avoid. They did send the T&Cs, but there was a limit of 5 attachments and I can only take a illegible photo, although you can just about read the whole page if you have it in front of you. Can I mention the fact that really it should never have gone to court in the first place because they hadn't complied with my CCA request and should not therefore have taken further action without complying?
-
I've attached the documents.
-
Great, I will get that done now then, thanks. Which points do I need to include in my defence, will it count against me that I can't use the legal jargon they are probably used to?
-
I've been on the phone this morning, but the man who could make a decision is apparently not available today. They have said to email them and they could let me know by Tuesday. Thing is, my defence has to be in on Sunday else I have missed the court deadline. Am I better at this stage submitting a (very weak) defence, and still hoping to settle it outside of court, or will me submitting a defence mean they move on to the next stage and won't settle outside of court?
-
Thanks Andy. I kind of thought that would be the case to be honest. When I stated my intention to defend the claim I had no idea what I was defending so it seemed to be the only option. If I was to phone them tomorrow and offer a payment it wouldn't be the full amount, if they could wait a month I could pay the full amount. What would I need to say to them on the phone? Do I also need to contact the court to let them know I'm not proceding with the defence but am trying to settle it outside of court?
-
The agreement is perfectly clear, no arguing with that. The only thing I would query would be the PPI as I don't feel that it was explained at all, and was added as if it were compulsory. I understand that my defence will be weak at best, but I don't feel I have been treated fairly and hope the judge can see that. Best of luck sytra, they are not cooperative in the slightest - as I'm sure you have gathered!
-
The terms and conditions of the agreement wasn't a good copy, but you can just about read it all. All the other documents provided by them were fine, completely legible.
-
Sunday the 5th will be the 28+5 day since the issue date on the claim form. If I am submitting online I guess it would have to be the friday before, so the 3rd?
-
Thanks andy, My defence is unfortunately based more on their actions than a defence to the debt itself. I have only ever received one letter relating to this loan, this was from IND, and straight away I sent them a CCA request. At this point I genuinely believed that the loan I had with them was fully paid off years ago. A belief backed up by the fact that I had checked my credit history which had no sign of this, also I had heard nothing from welcome finance nor any debt collectors in the several years that had passed. The only date mentioned on this letter was in 2011, but it turned out the loan they were referring to was taken out in 2005 and defaulted on in 2007 (last payment was under 6 years ago though). My CCA request went unanswered, however I did receive a claim form from Northampton county court. As I still had no idea what this was relating to I stated that I intended to defend it in full. I have since received the documents requested. I don't dispute that I owe them money, however I do believe their behaviour has caused this to escalate far more than was necessary. It may also be worth me noting at this point that the £1 statutory fee I enclosed with my CCA request was used as a payment towards the debt, despite the fact I didn't acknowledge it, and clearly stated it was a statutory fee and not to be used for any other purpose. I know this isn't much of a defence, hopefully it gives you something to work with though. I will appreciate any assistance you can give.
-
Does anyone have any idea where I should go from here? My defence has to be in by the end of the week and I really have no idea how to word it or even what to put in it. As always any assistance would be greatly appreciated.
-
I think it was mis-sold in that it wasn't really mentioned, just added to the policy as if I it was a standard fee However, the agreement itself does show quite clearly that it was optional, I don't know how I didn't question it before I signed it. Not really sure if this means I can argue that it was mis-sold or not.
-
I have now uploaded page 1 of the personal loan statement again, hopefully clearer this time. Also I have removed the personal details from the letter they sent and added it again, along with the Terms and Conditions. I won't be able to get a picture that is legible of them, due to the document itself. Let me know if you need anything else.
-
You can read it, but not without some difficulty, as if it is a photocopy of a scan of a photocopy etc.
-
Thank you, I've removed it now. I'll take my camera to work tomorrow to see if I can get better pictures uploaded as a pdf. If not I'll have more time to play around with my laptop tomorrow. The terms and conditions they sent are barely legible as it is, pretty sure I won't get a picture clear enough of that. Nothing jumps out at me ad being particularly significant, but is there anything I should look for?
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS