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

[the_freedom_trail]

letter back from the court acknowledging my letter re: the fees etc. got until the 18th now to see if the amended Ppc's are sent in or the case will be struck out.

 

Do you mean the 18th of this month skyblue2027? If so, my fingers are crossed for you because tomorrow is effectively their last day. Tower Capital are based in Bournemouth. I know this because they are in the basement of a large apartment block that I used to live in It's terrible to see the owner swan round in his red Lotus knowing that he has got it out of other people's misery.

 

Very best of luck, I hope you manage to screw them

 

TFT

[skyblue2027]

thanks freedom.

 

TC have sent in their amended POC's!

 

No mention of previous roll over payments. will post my details when i can. this may end up going on for a long time.....

[skyblue2027]

ok, TC have sent the following amended POC's back to the court, but do they comply and what should be my next move?they have sent in:1. their version of events including their calls/emails which they have charged at £5 a go and my previous letters offering settlement or a payment plan with them reducing their interest.2. their calculation of 24% fees of £106 out of a balance of £470 (APR stats 1554.4%.3. copy of internet app.4. their credit agreement - fixed sum agreement by the cca act of 1974 - does not included any reference of previous 2 loans/rollovers.5. their t and c's6. my CPR letter and copies of previous correspondence by me.

[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....

[skyblue2027]

thanks Sillygirl,

 

will the court now ask for another hearing or will i need to write in with a further challenge on the amended POC's?

 

many thanks.

[the_freedom_trail]

I'm no expert on the county court process skyblue; however, I can tell you that this is far from the most professional company I have ever come across. This is good news for you because as you have already seen they are clearly not using any form of decent solicitor which means they will be easier for you to defeat. What area of the country is the court in which your case will be heard? This will give us an idea of how likely they are to show up.

 

TFT

[skyblue2027]

my local court is Coventry. the claim form came from Northampton.

[the_freedom_trail]

Well, that would be at least a 300 mile round trip if they were to show up. It's not exactly local lol Needless to say, I would write to the court and explain why you believe the POC's are inadequate.

 

TFT

[skyblue2027]

Thats exactly what i will do TFT. However with the court giving until the 18th for amended POC's, will the court write out to me anyway for another hearing or will they just ask me to state why POC's are unlawful?

 

thanks

[skyblue2027]

anyone have an opinion?

[mightyroyals]

I have a outstanding court case with these in my local court and i got a letter last week saying unless tower capital pay the fee by the 20th of this month it will be removed from the list whatever that means

[skyblue2027]

Hi Royals,

 

yours still going through the courts then?

 

what diD the judge say about the POC's? have TC had to resend theirs again?

 

im undecided as to whether wait for the court to come back ot me or write in again appealing what they are saying.

[mightyroyals]

I believe they had to resend them i cant even remember now it has been ongoing so long now, i am just hoping they don't send there payment by tomoz then it will be thrown out

[skyblue2027]

good luck pal. im just going to wait until the court comes back to me.

[robjam1969]

Hi Royals,

 

yours still going through the courts then?

 

what diD the judge say about the POC's? have TC had to resend theirs again?

 

im undecided as to whether wait for the court to come back ot me or write in again appealing what they are saying.

 

Good luck Sky

 

I have had one of their claims struck out and they have reissued proceedings. I have of course defended again pointing out to the judge that they don't have his permission to reissue proceedings. I have asked for costs for both claims. Will keep you updated. They are very poor at following the courts directions - which is good news for all of us hopefully;)

[skyblue2027]

thanks Robjam. again sent a letter to the court stating that their POC's do not comply. got the feeling thiscould go on forever!still, i will have ot keeprepeating myself until the court does something about it!!never use this sort of company again!

[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.

[robjam1969]

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.

 

Thanks Sillygirl

 

Yes, I thought the vexatious bit and referring to the old claim would do the trick and thats how I defended.. It still might but in the meantime I have had a court offer of mediation (as my case is suitable) - I will take the chance of pleading my own case to the DJ if it gets that far.

[skyblue2027]

well, since my letter and the resending of POC's by Tower, this has been with the judge for over 3 weeks!called the court for an update yesterday and a small claims meeting is arranged for the 1st week of August. once confirmation in writing i will update.

[skyblue2027]

OK, after Tower sending in their amended POC's and my reply to the court advising they were not legitimate - i finally have a reply from the court advising upon considering the statememts and allocation questionnaires this has been allocated to the small claims track for the 1st week of Aug (letter dated 10th May).

 

There are a couple of things on the letter i need to check.

 

1. it is advising no later than 14 days before the hearing that i need to send in copies of all documents that i intend to rely on in court and copy TC in. i take it this would be the letters i have sent to the court and their APR rates/terms and conditions??

 

2. witness statement?

 

3. It is advising that the parties can ask for this to be set-aside. I am sure i have already asked for this to be the case but the court is advising a form needs to be complete within 7 days of the order (Monday 17th the latest). Which form would this be?

 

Any help would be grateful, SB2027.

[robjam1969]

Hi Skyblue

 

I would ask a mod to move this to the legal forum where you will be more likely to get some advice. I am in a similar position but only got my reply from court on Friday so have not had chance to do anything with it.

[skyblue2027]

thanks Robjam, i have requested the mods to move to legal forums.

[skyblue2027]

Moderators, could you move ot the legal issues so i can gain further advise please?

 

thanks in advance.

[saintly_1]

moved to legal issues as requested

[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.