loans 2 go

[Andyorch]

Ang you do realise that because you have plead Defend Part you will receive an CCJ and you will have to make offer to pay the bit you agree with.

You will have to submit a defence for the part you dont and yet you have no information to verify that defence.

[angnnig]

To be honest i just wasn,t sure what to do,I,m just not well up with any of this at all.I only thought we could only claim charges from this ,Can i not ask the court for more time after the 28 days to wait for the SAR?Can we go to the local loans2go office and pay and get a SAR there and then?regards angnnig

[Andyorch]

Well yes to both.

[angnnig]

Thats a relief ,.So do have i blown it now for the CPR request?regards angnnig

[Andyorch]

No get your CPR request off asap and contact them with regards to your D.S.A.R stating that you are prepared to collect from their local office

to speed matters.

 

Andy

[angnnig]

Ok Thanks for your help and time Andy,I have looked for a template cpr on here but cant find one,could you send me a link to one please ,kind regards

[Andyorch]

Well there must be one in every thread on here but here you are http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

[angnnig]

ok thanks ,regards angnnig

[angnnig]

Hi Loans2go have sent me an email of my statement ,I am sure there are payments missing ,I am going to dig all our bank statements out and double check.I am surprised that they have only charged us £95 in late payment fees,telephone calls and letter charges,but they did charge term interest of £105 they didn,t say anything about this when we took the loan out and an admin fee of £75.I have sent the CPR to them now and hopefully they will reply soon.regards angnnig

[angnnig]

Hi ,I have recieved a letter from loans2go saying that they have sent a copy of the credit agreement and particulars of the claim and also states that the civil proceedure rules are complex and do not lend themselves to a template based approach and we should therefore strongly advise you to consult with a solicitor to avoid unnecessary costs being incurred by yourselves ,should I post it up on here? ,because i,m not sure what to look for to see if it is valid.kind regards angnnig

Edited July 29, 2011 by angnnig

[angnnig]

Bump

[angnnig]

Hi Can anyone help please

[Andyorch]

Hi ,I have received a letter from loans2go saying that they have sent a copy of the credit agreement and particulars of the claim and also states that the civil procedure rules are complex and do not lend themselves to a template based approach:!: and we should therefore strongly advise you to consult with a solicitor to avoid unnecessary costs being incurred by yourselves ,should I post it up on here? ,because i,m not sure what to look for to see if it is valid.kind regards angnnig

 

Post it up less any identifiable data.

 

Andy

[angnnig]

ok thanks

Go Limited of 297 Oldham Road, Rochdale, OL16 5JG (the "Company").

Provision of Agreement breached: Clause 1 which requires you to pay instalments at the stated times.

Nature of Breach: You have failed to pay the instalments due by the due dates and have arrears of £510.

Action required to remedy: Payment of the total arrears of £785 before 01/02/2011.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN, THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU OR A SURETY.

Further Action.

On or after the date shown for payment of arrears the Company will enforce its rights and recover possession ol the goods used as security for the loan (the "Goods"). Termination of the agreement will take effect immediately following that date unless the total arrears have been paid in full. You are required to deliver up the Goods tc the Company immediately the agreement determines, always provided that this requirement shall be of no effecl if by the date shown the total arrears have been paid in full. Termination of the agreement will result in demand for payment of £510 by 01/2/2011 made up as follows:

total amount due plus default fees and charges £1075 less rebate allowable (if payment made by the above date) £0 less amount already paid by you £565

Additional fees and charges will be payable for locating and recovery of the Goods if they are not deliverec immediately when the agreement determines.

The Goods seized will be sold at public auction or by private treaty. If not enough funds are raised from the sale of the Goods, to pay off the debt due, then bailiffs may be instructed to seize additional goods that you own.

You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interes! under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you shoulc contact us to get one.

In your own interests you are strongly urged to contact the Company by telephone on 01942 24 6 668 quoting the above reference number if you cannot pay the arrears in full.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

[angnnig]

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.oans 2

WITNr VfO^mi

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acknowledges) the Borrower doth hereby assign unto the Lencer his executors administrators and assigns all

and singular the several chattels and things specifically described in the Schedule (the Goods) by way of security for the

payment of the sum of £350 (the Principal Sum) and interest thereon at the rate of 17.15 per cent, per month

AND THE BORROWER doth further agree and declare that he will duly pay to the Lender the Principal Sum aforesaid

together with interest then due by 2 installments each of £35 the first payable on 19th September 2009

and the rest at consecutive monthly intervals after that and one final payment of £460 payable on 19th November 2009

AND THE BORROWER doth also agree with the Lender:

The Borrower will at all times during the continuance of this security keep the Goods insured under a fully comprehensive policy, and pay all premiums necessary for effecting and keeping up such insurance, and will notify the Lender of any loss of or damage to the Goods, and hold any monies payable under the policy in trust for the Lender

The Borrower will not permit or suffer any distress or execution to be levied upon the Goods or become bankrupt

If the Borrower :

defaults in payment of the Principal Sum or any part of it or of the interest on it at the times appointed for payment respectively, or in the performance of any covenant or agreement contained in this Bill of Sale and necessary for maintaining this security, or

has an interim or bankruptcy order made, or is served with a creditors demand under the Insolvency Act 1986 or enters into a formal arrangement or scheme with his creditors, or calls a meeting of them, or

if execution has been levied against the goods of the Borrower under any judgment at law,

then and in any case the Lender his servants or agents shall be entitled without previous notice to the Borrower, to seize and take possession of any of the Goods in whatever place or places they may happen to be

If the Lender becomes entitled to seize the Goods the Lender and/or his agents may enter and remain upon any premises where the chattels may be and after the expiration of 5 clear days from the date of seizure may sell the chattels by public auction or private contract on or off the premises and retain out of the proceeds of sale the expenses of the sale and so much of the Principal Sum as may remain unpaid and the interest then due and all costs and expenses which the Lender may have incurred and the surplus, if any, shall be paid to the Borrower

Upon payment by the Borrower of the Principal Sum and interest and the sums costs charges payments and expenses specified in clause 4 above, this security shall be void

PROVIDED ALWAYS that the chattels hereby assigned shall not be liable to seizure or to be taken possession o by the Lender for any cause other than those specified in section 7 of the Bills of Sale Act (1878) Amendment Ac

1882.

IN WITNESS WHEREOF this Bill of Sale has been signed as a deed the day and year first before written

SCHEDULE

Edited August 1, 2011 by angnnig

[angnnig]

96p3U39(M MsmNXsw ^|

　

DIVHd INBd

AgreementTHE CONSUMER CREDIT ACT 1974

Di you

(\cr riNANUAL INr-ORMAtlON

Amount of Credit: £350.00 Total Amount ^ayacie: £530.00 Term: 3 months

Totai Amount Payable is payable by 2 monthly repayments of £35 and 1 final repayment of £460.

Each repayment is due and payable on the same day of each s^:ceeding month, commencing 19th September 2009.

APR: 500.17%

OTHER FINANCIAL INFORMATION

Arrangement Fee: £75.00 r:a Interest is charged at a simple interest rate of 120% per annum c commencement of this agreement.

?st £105.00 Total Charge for Credit: £180.00

the Amount of Credit for the Term and is applied to the account, in full, at the

KEY INFORMATION

Security

You will provide a mortgage over the following goods:

Blue Ford Focus Zetec. Vehicle VRM:X57 LHR. Vehicle V1N:WCOAXXGCDAYL08622.

by means of a Bill of Sale to secure your obligations under this Agreement (see also clause 5 overleaf).

Charges

We have a right to charge interest on all overdue sums at the APR shown above (see clause 3 overleaf). The following other charges will apply:

For each payment received after the due date £15.00; for each letter or electronic form of communication sent to you, for which you are not legally entitled to, in relation to default of this agreement £25.30: for each visit made to your home in relation to default of this agreement

0.00; for each cheque, standing order, or other payment method which is dishonoured, stopped or not paid by you £25.00; for the temporary

jase of documents held in relation to our security under "_h:s agreement £10 per day. You will pay our charges and expenses for non-delivery z—s S-trert —arte' of the Security (sea clause 7 overleaf). You will pay our charges and expenses for tracing you and enforcing our rights (see clause S overleaf). Cancellation Rights

This agreement is not cancellable under the Consumer C'edit Act 1974, the Timeshare Act 1992 or the Financial Services (Distance Marketing) Regulations 2004.

Amount Payable on early settlement under s94 Consumer Credit Act 1974

You have the right to settle the agreement early. The table shews representative examples of early settlement at %, Vz, and V* of the term.

Term Expired Amount

1/4 £461.06

1/2

£43=

3/4 £460.00

　

r calculating the amounts shown no account has been taker; of any variation whicn might occur under the agreement and that the amounts are accordingly oniy illustrative.

MPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

~ne Consumer Credit Act 1974 lays down certain -equirements for your protection which should have been complied with when this ac-eement is made. If they were not, we cannot enforce this agreement without a court order. The Act also gives you a number of rights. Ycu can settle this agreement at any time by giving notice in wnting and paying off the amount you owe under the agreement which may be reduced by a rebate. Examples indicating the amount you might have to pay apDear in the agreement.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest C '.Zens' Advice Bureau. Missing Payment

■ss.-g payments could have severe consequences and may make obtaining credit more difficult.

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. Signature(s) of Borrower(s) ^

Sigrtatase of (or on behalf of) the Lenders

 

　

Date of Lender's Signature (Date of Agreement)

[angnnig]

Loans 2 Go Limited

Head Office

297 Oldham Road

Rochdale

OL16 5JG

DX: 22809 ROCHDALI

t: 01706 869 722 f: 01706 869 610

　

27 July 2011

e: info@L2G.co.uk w: www.loans2go.bi2

　

Further to your request for copies of documents referred to in the particulars of claim, please find enclosed a copy of the credit agreement dated 19 August 2009 and a copy of the default notice dated 15 January 2011.

　

In relation to your part 31 request, it is noted that you have copied and pasted a standard form letter which is available on various consumer forums. However, the Civil Procedure Rules are complex and do not lend themselves to a template based approach. We would therefore strongly advise you to consult with a solicitor to avoid unnecessary costs being incurred by yourself.

Loans 2 Gos is a reaistered trade mark of Loan 2 Go Limited.

Yours sincerely

Loans 2 go Limited Legal Department

　

If you wish to settle the amount claimed of £750 you may do so now to avoid a county court judgement being issued against you and to avoid incurring additional costs.

[angnnig]

I think thats everything

[Andyorch]

Well all their paperwork seems in order and I assume you owe the money so you will have to approach them with an offer of settlement

otherwise they will get their judgment and you will have a CCJ for 6 years.

 

Andy

[angnnig]

Ok Andy thanks for your help.What should we do about the fees are they worth claiming back ,if so should we do it by the FOS or court route,regards angnnig

[Andyorch]

I personally would use the settlement approach to reduce the amount by any fees/charges.If you can show approach

that you are prepared to drop your intended defence if they are prepared to reduce said claim by the fees/charges and meet you half way

and save both parties further costs.Im sure they would be prepared to accept your offer in the interests of further costs and litigation.

 

Wish you well with this matter.

 

Andy

[angnnig]

Thanks ,Just one more query about the CPR,I dont think they sent me the CPR that i requested ,do they not have to send it to me ? regards angnnig

[Andyorch]

They have above Agreement / Default Notice nothing else to disclose.

 

 

Andy

[angnnig]

Ok Andy ,thanks .kind regards angnnig

[MrShed]

Andy thats not entirely true - if the matter proceeds to court and the OP loses that doesnt automatically result in a CCJ that stays on your file for 6 years. That would only occur if the OP failed to settle the judgement in full within the allowed time following judgement (cannot remember for the life of me what that timescale is!). Anyone has an absolute right to defend a civil claim without the fear that a CCJ will stay on their records!