URGENT!! Claim form received.

[jd0s1]

Hi,

 

I've been away for a couple of weeks and returned home on Wednesday 24th to find this claim form in the post....

 

http://i547.photobucket.com/albums/hh443/jd0s1_2008/lastscan.jpg

 

It says that the date of service is taken as 5 days after that on the form which is December 8th, with the 5 days plus 14 days that takes me to today to respond... I hope?

 

I have been trying to sign in to the moneyclaim site with the claim number and password but it keeps saying the details are wrong, then locks me out. Any idea what this could be?

 

Thanks

 

Jon

[Dangermouse]

You must try and respond either to Northampton via moneyclaim or get the case transferred to your local court. If there are reasons to dispute the debt you can ask for time to prepare defence. Alternatively, you can ask for time to pay.

 

Having been in a terrible mess myself, I wish you well.

 

Dangermouse

[jd0s1]

I am going to dispute the whole claim, but im not sure if its too late.

[jd0s1]

Anyone?

[Decanus]

You may just squeek in, especially as there may be a bit of leeway considering the Xmas holidays. I'm no expert, though....

 

Go online and quickly acknowledge service, and then you can worry about the defence part seperately later. It is definitely worth ringing up the court, and having a word with them explaining you have been away, have just been made aware of it, but are planning to defend (if you are, of course).

 

Quite often the claimants delay the whole process and get away with it, so a genuine case like yours should be ok...

 

so acknowledge service, then ring court today or tomorrow

[jd0s1]

Here's a copy of teh agreement....

http://i547.photobucket.com/albums/hh443/jd0s1_2008/Agreement01.jpg

http://i547.photobucket.com/albums/hh443/jd0s1_2008/Agreement02.jpg

 

When I was sent the agreement by email, the email said.....

 

Thank you for your application for a Rapid Cash Advance. We have attached a few documents for you to complete and return to us. Please make sure you read the PreContract Information and fully understand the content before signing the Credit Agreement. Return your signed Credit Agreement, signed and completed Debit Card form via email to info@rapidcash.uk.com or fax to 0870 874 8757.

 

Once we have received these signed and completed documents, we will transfer your money to you straight away. If you require the funds to credit your bank account today then you must choose the CHAPS payment method (a charge of £25 applies to CHAPS payments) and we must receive your documents before 2pm.If you have any questions about your application, please contact us quoting your agreement number. (This can be found in the top right hand corner of the Credit Agreement).

 

Your repayment date will be 25/09/2008. We will send you an e-mail 7 days before this date asking you if you wish to extend your loan for a further 30 days or if you wish to settle in full.

 

As promised I received an email 7 days before my repayment date saying....

 

Your Advance is due to be repaid on the 25/09/2008 under agreement A003350, the total amount due for repayment is £187.50 however if you wish to extend your Advance for a further 30 days you can pay an extension fee of £37.50. Please advise Rapid Cash if you wish to settle or extend your Advance, please email or contact us on 0870 874 7044 stating your preference.

 

I didn't respond, however they didn't take the full amount, just the extension fee. They should have taken the full amount becasue I didn't respond..... Will this help with my defence?

 

Thanks

 

Jon

[Dangermouse]

Hi again

 

You can take as long as you like, as long as the reply & defence arrives at the court before they apply for a default judgment.

 

You may be in luck because of the christmas period, get the reply back that states you have a full defence.

 

Good luck, there are people here who will try to help you.

 

Dangermouse

[Dangermouse]

I would think that is a pretty good defence, they took £37.50 by DD? What about Oct & Nov?

 

Dangermouse

[jd0s1]

October and November make up the arrears of £75. Hence the claim for full amount, but still, I've not asked to defer my payment....

[jd0s1]

They take payment by card.

[jd0s1]

Will the court be able to tell me by phone if they have accepted my acknowledgment?

[Dangermouse]

Hi

 

You can find the fax number of the court from Her Majesty's Courts Service - Home

 

In addition to sending it in, why not fax a copy also, you will get a fax receipt with the time and date which hopefully should predate any application for judgment from the Claimant. If you don't have a fax machine there are many corner shops that will send it for you and give you the receipt.

 

You can then call the court to check they received the fax also, it will be time stamped at their end also. Fax it today if I were you.

 

Dangermouse

[jd0s1]

I acknowledged online yesterday and got the print out confirmation. Do i now have the 28 days to put in a defence?

[42man]

You have an additional 14+3 days to submit a defence, (14 days from the date on the claim form to acknowledge, then a further 14+3 days to submit a defence)....did they ever send you a default note ?

[jd0s1]

No they never sent a default notice, and the 2 letters it refers to in the claim form where also never received, just emails sent to me.

[jd0s1]

Also, the claim form states that only one installment of £37.50 was collected, but looking through my email, 2 have been collected over two months. I never did ask to defer my payments, they just decided to just take the deferal fee and roll the loan over, thus making more money....

[jd0s1]

Sorry, more info. I've just checked my statements and on the day they should have collected the full amount, there was more than enough in my account to cover it, they defered it withought asking.

 

So far, does it look like I have a good defence?

[jd0s1]

Logged onto Moneyclaim Online thism morning and it says my acknowledgement has been processed. Does that mean it has been accepted?

[jd0s1]

Anyone?

[jd0s1]

Please look at my original post http://www.consumeractiongroup.co.uk/forum/general-debt-issues/174743-urgent-claim-form-received.html

 

Am i missing anything important from the defence below, or is it wrong altogether?

 

Any help would be much appriciated.

 

Thanks

 

Here goes.......

 

1. On 3rd September 2008 I signed an agreement for a loan of £150 from Rapid Cash

 

2. I received an email on 3rd September 2008 from Rapid Cash stating "Your repayment date will be 25/09/2008. We will send you an e-mail 7 days before this date asking you if you wish to extend your loan for a further 30 days or if you wish to settle in full".

3. On 16th September 2008 I received another email from Rapid Cash stating "Your Advance is due to be repaid on the 25/09/2008 under agreement A003350, the total amount due for repayment is £187.50 however if you wish to extend your Advance for a further 30 days you can pay an extension fee of £37.50. Please advise Rapid Cash if you wish to settle or extend your Advance, please email or contact us on 0870 874 7044 stating your preference".

4. The credit agreement signed by myself on 3rd September 2008 stated a repayment term of 30 days. However, a repayment date of 25th September 2008 made a total of just 22 days.

5. I did NOT wan't an extension and wished to repay the full amount of £187.50 on the agreed repayment date. Therefore, I did not reply to the email.

6. On 25th September 2008, the agreed repayment date, my current account was over £1000 in credit and therefore held sufficient funds to repay the full amount.

7. On 25th September 2008 I received a confirmation email from NetBanx. Netbanx is the payment method used by Rapid Cash. The email stated "Thank you for your transaction. You have been billed £37.50 in UK Sterling on behalf of Rapid Cash via NETBANX. Your NetBanx reference number for the transaction is 0B4D7CD3T6H3A8X6J8".

 

8. Rapid Cash, therefore, without consent or notice, defered my repayment and took a fee of £37.50 for doing so. There was no reason for Rapid Cash to have not taken the full amount as stated in the credit agreement.

 

9. On 27th November 2008 I received another email from Netbanx stating "Thank you for your transaction. You have been billed £37.50 in UK Sterling on behalf of Rapid Cash via NETBANX. Your NetBanx reference number for the transaction is 0B4D7CGCKW10QP6A5U".

10.Two payments had now been taken by Netbanx on behalf of Rapid Cash, although it is stated in the claim form that only one payment was taken.

[42man]

I'm not 100% sure on this but i'm sure they should have sent you a default notice also....

 

DEFAULT NOTICE

 

 

The Need for a Default notice

• Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the claim.
  

• It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant
  

• Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)
  

• Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974
  

• Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119
  

[jd0s1]

Excellent, Thanks.

 

Would you suggest anything else? Is the defence so far ok?

[42man]

The rest seems ok, but i'm not an expert so a more informed opinion might be worth waiting for....