andrew hart/paydayoverdraft claimform - Payday Loan Problem

[DonkeyB]

Why file the defence so soon? You have acknowledged – use the full 28 days, and send a CPR request to get the info regarding the claim.

 

You must answer the claim as it is presented. There’s a lot of work to do yet – you have to answer in terms of the law, not gut feeling. Just saying things are unfair is no defence. Saying why things are unfair in terms of the law is.

[katysue]

Thank you. That's good advice. I am meeting with my friend (who is a solicitor) on Saturday. I do not need to file the defense then, though.

 

We are planning to send a CPR request - i believe that will go out on Saturday. There is a huge amount of information that i do not have.

[sillygirl1]

I'm going to have to bow out of helping on this one - got too many of my own problems at the moment. Basic defence should do it with this slippery toad, if you put too much legal stuff in he will wriggle and wriggle and try to get the costs up to a silly amount... been done already on this site.

 

It, at the end of the day is a PDL claim and the original sum AND interest has already been paid - that is all the judge will be interested in.

[katysue]

Thanks so much Sillygirl1. Much apprecitaed.

[ads_uk]

katysue your in very good hands here.. and let me just say speaking from experience and reading your thread so far "Shot himself in the foot" springs to mind again..I would not be worried at all with the threat of Police, as even when I had my query and claim against me withdrawn he contacted the police to say that I was harrasing him and did some cock and bull story about me sending a threatening email to him from an email address not associated to me (oh and that I used my name on here not my real name to sign the email )Make sure you DO contact your MP and also the press and please feel free to give them my details cos this company (group of) is a Joke and needs to be addressed.Im surprised that the old man Brig has'nt come and said hello, cos his messages do cheer up especially when you tell him whom your having trouble with.DB, Sillygirl and others will support you all the way, just remember to make a note of every phonecall you deal with (times, dates, length) REMEBERING TO SAY its now in the hands of the court I do not wish to discuss this with you then hang up (he dont like that)... also every email and letter you recieve make sure you keep.. all of this goes towards you putting together a "cost of dealing" with the crap.. think DB said to me hourly rate of about £10 taking 20mins (minimum) to Open/Read/Re-read each document written and recieved.

[DonkeyB]

Hourly rate is now £18! It was £9.25. Glad you’re on board, ads.

[42man]

Send this by recorded delivery...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

Combined CPR 18 and CPR 16.4(2) Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. I confirm having returned my Acknowledgement of Service form to the court indicating my intention to contest all of the proceedings.

 

Owing to the striking lack of particularity in your Particulars of Claim, I require the prompt disclosure by you pursuant to CPR 18 of each of the following documents, mention or reference to which would have been made had the Particulars of Claim contained the minimum of necessary particulars and complied generally with CPR PD 16.

 

1 the agreement giving rise to the obligation to for the credit advanced. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

3 the termination notice

 

Additionally and in relation to the interest claimed, pursuant to CPR 16.4(2)

 

4 Under CPR 16.4(2)(a)(i) please now state whether the claim to £7xx.xx includes a claim for interest under the agreement disclosed under [1] above and if so,

 

5 Under CPR 16.4(2)(b) specify the amount of that interest, and

 

6 the percentage rate of interest, the date from which it is calculated and the date to which it is calculated, alternatively

 

7 Where more than one percentage rate of interest has been applied or compound interest has been applied in the calculation of the amount of interest specified at [5], specify each element of interest comprising the sum for interest specified at [5] and for each such element specify the amount treated as principal in the interest calculation, the percentage rate of interest, the date from which it is calculated and the date to which it is calculated.

 

8 Of the interest amounting to £2xx.xx claimed pursuant to County Courts Act 1984 section 69, specify the date from which it is calculated and the date to which it is calculated.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your Civil Procedure duties by claiming otherwise.

 

You should ensure compliance with your CPR duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter via postal services Your CPR duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

You should also ensure compliance with your CPR 16 duties and likewise ensure that the particular regarding interest are fully provided to and received by me within 7 days of receiving this letter.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

 

If you are unable to comply with that part of this request concerned and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with any part of this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

[42man]

Just stick to the deadlines for submissions to the court....

[ads_uk]

Hi ya mate.. this Cretin Needs to be stopped - look at the crap I had to deal with when the loan wasnt mine and also had been paid!!I would gladly help as much as I can.. I will tell you that he will have already relised that the thread is about him as Values and dates & then he puts 2+2 together adds 2475% and comes up with £680 (additional costs to feed flying pigs)

[42man]

I twoul dbe good to see the agreement...can you post it up here ?

[DonkeyB]

Agree, but let’s try and avoid the comments! It got us into trouble before... keep the name out of this...

[coledog]

Hi ya mate.. this Cretin Needs to be stopped - look at the crap I had to deal with when the loan wasnt mine and also had been paid!!I would gladly help as much as I can.. I will tell you that he will have already relised that the thread is about him as Values and dates & then he puts 2+2 together adds 2475% and comes up with £680 (additional costs to feed flying pigs)

 

'He who shall not be named'

[sillygirl1]

Fear of the name.... quote comes to mind from JK Rowling (Harry Potter, Chamber of Secrets). Has anyone seen the OFT are investigating the PDL scene now from Credit Today (site won't let me in again....)

[coledog]

Katysue

 

Def put in a complaint to Consumer Direct for Trading Standards, that should start the ball rolling and will mean it is passed on to OFT

 

 

Trading Standards via Consumer Direct

 

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[ads_uk]

Fear of the name.... quote comes to mind from JK Rowling (Harry Potter, Chamber of Secrets). Has anyone seen the OFT are investigating the PDL scene now from Credit Today (site won't let me in again....)

 

Well I signed the petition for the PDL aprs to be regualted again

[katysue]

Thanks everyone for your help!

[katysue]

UPDATE:

 

I put in a request for individual to file further and better POCs. He emailed response saying that there is not enough space and "the claim will be dealt with in exchanging information" and asking if i want to come to an arrangement so that he does not have to seek judgment.

[42man]

What they are really saying is they hope you will want to make an offer as they don't want a judge (who might be on your side) to see what an extortionate amount this is........

[sillygirl1]

Tell him that there IS NO CLAIM to answer as the original loan has been repaid. Keep it short and sharp - as you see he seems to like slipping around the law when it suits him.

[42man]

Have you formulated your defence as yet ? Did you get some help from a solicitor ?

[katysue]

Yep, i did. We put in the request for further and better particulars yesterday, to which i received the above response. The defense is due January 10th so we have some time. Solicitor is going to draft a response for me to send to him today.

 

If he continues to refuse to file further and better particulars, we will apply to have the claim struck out on the basis of non-compliance.

[42man]

The charges are pure penalties - hopefully your solicitor may be up to date with penalties and Consumer Protection From Unfair Trading Regualtions 2008, also possibly the Consumer Credit act (extortionate credit bargains were replaced with unfair relationships I believe in the Consumer Credit Act in 2006).....I really can't see a judge allowing this claim to pass, but they do vary wildly.

[katysue]

I am hoping that it will get struck out on the basis that i cannot defend myself against a claim which is not properly defined.

 

I hope.

 

Could really do without this nonsense but i can't bring myself to let him get away with it.

[42man]

Unlikely it will be struck out for that reason alone, as the judge may allow it to be re-applied.....as requested earlier it would be good to see the agreement too...

[katysue]

This man is making life a nightmare at the moment. He has no respect for court procedures, or even a basic understanding of them. He should be stripped of his credit license.