claim form - Tower Capital -payday loan **struck out**

[sillygirl1]

What you do is defend the whole claim, stating that the emails and telephone charges are extortionate, £5 for a telephone call... come on what salary are they paying the agent who makes these calls? that should be a question they HAVE to answer to justify the charges here...

 

The two different interest amounts dont make sense, nor does the issue of a DN fee, I think that comes in the OFT guidelines.

 

Did you pay anything back towards this loan... also I believe this comes under the CCA 1983 amendments.....

 

Somebody else will be on soon to help out here.

[sillygirl1]

Go online and fill in the information, and write to Northampton (I assume it is them) and copy in Tower Capital stating you are defending the claim, and you have rolled over several times.

 

The wording should be

 

"I am defending this claim and need it to be transferred to a local court so I can attend in person. I have no legal representation and will therefore be a litigant in person."

 

Make sure the letters go first class recorded delivery, and that you get the online stuff done asap. I cant help much as I haven't defended anything for ages now, but once you have submitted your defence there is a chance the other side might 'discontinue'.

 

FAX your details and the letter to Northampton as Tower Capital may be relying on your ignorance in these matters and go for judgement by default.

 

If you do get a judgement by default letter from the court you can clearly state that you contacted them in the timescale and stated you were defending, so that stuffs Tower Capital.

 

Are you sure you calculated the dates properly, they don't include weekends and bank holidays.

[sillygirl1]

Right, there aren't really any template letters for this sort of thing, so you need to get the defence sorted out. As it is a payday loan and you have rolled it over make a list of the payments you have made, and then READ the online information about getting your defence in. I would do it by Monday to really throw them into a spin, don't leave it unil the last day 'just in case',

 

I am not about again until later this afternoon when I can give a bit more help. I've never defended a payday loan case but have done plenty of mortgage cases, and a few shortfall cases.

 

Tower Capital are on distinctly dodgy ground citing their alleged interest rate, that would possibly be clipped by the judge but we have to give him the ammunition - if you can print the details off from the MCOL site and link them here I will see what I can do this afternoon.

[sillygirl1]

Its up to you, I would fill in a part admission and the defence form, you admit the original amount LESS the rollover fees and see what their response is.

 

From my understanding this company has only had wins when people havent bothered to contest them. I cant guarantee a win but we can make their life very uncomfortable.

[sillygirl1]

Hello guest - why not register and give us your support or opinion..

[sillygirl1]

TC might be trying to get you to come to an agreement and they will drop the case, DONT do this cause they might try for a Tomlin Order, (basically it means if they get an arrangement with you and you miss a payment they can go straight back to court and reinstate the claim... )

 

Good luck

[sillygirl1]

You don't want an experts report at the meeting, this isn't applicable for the type of claim.

 

Part G gives you a chance to provide background info to your dispute, ie printouts of their website which shows company registration etc and their blurb about how fair their rates are.... you can put N/A here as it isn't relevant unless you need more info...

 

At least by receiving the N149 they know you have acknowledged and mean to fight, wonder if they will -

 

Hello yet again guest, why do you keep following this thread and not identifying yourself?

[sillygirl1]

Nice work, looks like they have little ground to bring in a claim so swiftly. Hopefully they will miss the date for giving in their heavily amended POCs which comply with court procedures....

[sillygirl1]

Their POCs are incomplete and you should point this out to the court, they should be forced to state their interest rate calculation on the principal and the full history of your involvement with them, not the partial history of the current loan.

 

They are still skating on thin ice as I think the judge would query their t&cs and interest rate.

 

Keep up the good fight and odds on they may not show up.... in which case you can claim that their claim is spurious and designed to intimidate you into paying something you are not eligible for....

[sillygirl1]

These companies rely on ignorance to get their unlawful charges back. I also believe that they think people just roll over and pay up when faced with a court form.

 

That may have been true a few years ago but now people are becoming aware they have rights and can fight back it is getting harder.

 

Hopefully with the letter to the court they will back off.

 

If they do reissue proceedings again all you do is send a letter stating on XXX date this company issued previous proceedings which were dismissed. Their claim has not substantially changed and therefore this is vexatious and litigatious and should be immediately dismissed.

 

My advice is keep it simple and straightforward and they will get very confused.

[sillygirl1]

Skyblue 2027 you need to send a list showing the following

 

1. The initial contact you had with the company which led to the original loan

2. Copies of any correspondence afterwards, including a list of all payments made to the company.

 

It is quite a simple request but worded in legal terms to confuse you.

 

You can at this point request via CPR31.14 the same from the claimants..... ie all documentation relating to the original loan, full terms and conditions and a proper interest calculation.

[sillygirl1]

Just send what you have and repeat again that they are trying to abuse the court process and forcing you to pay more to them than you actually legitimately owe.

 

There isnt much you can do now other than get those details to the court (and copy in Tower Capitals solicitors)

[sillygirl1]

Is there any update? Hopefully something positive....

[sillygirl1]

Sounds like the court is on the ball with this one. Good luck and keep me posted as to their antics. Hopefully the next thing is you will receive a Notice of Discontinuance. One never knows with courts these days, I think they are becoming a lot more clued up to the antics of certain of their 'clients'.

[sillygirl1]

The court would be waiting for a further amendment of particulars from the claimant (Tower Capital) or an amended defence from you - if neither is sent by 21 working days the claim is struck out.

 

Basically it's giving them another chance to come back with a properly particularlised claim and if not that is it.

 

Well done for hanging in there, shows some courts are on the ball about spurious and vexatious claims.

Edited August 17, 2010 by sillygirl1
missed a bit

[sillygirl1]

I would ignore their letter and send it to the OFT, along with the court paperwork for good measure - they are doing an in depth investigation into PDLs at the moment so this could prove how hopeless some companies are.

 

Without Prejudice is used so you cannnot show the document in court - if this offer is genuine they would want it placed in front of the judge so that again is a guide as to how to treat the 'offer'.

 

http://www.consumerdirect.gov.uk for the OFT

http://www.tradingstandards.gov.uk for Trading Standards.

[sillygirl1]

They would have to have a blooming good case to reopen the case, the judge will not be happy with them at all.

 

Get in a complaint to the FOS and to the OFT and Trading Standards immediately, this is a complete abuse of systems and processes and needs to be highlighted.

 

Both the OFT and Trading Standards are doing an in depth investigation into this murky market.

[sillygirl1]

All you do then is cross-reference to the original case - they would need to substantiate what differences are now in place to make the case very very different.

 

Have you repaid the original loan amount to them (not counting rollover charges), you should at least repay that.