Help please. Speed-e-loans have issued court papers.

[emmie42]

Hi all,

 

Please can you help/advise?

 

I took out a £250.00 loan with speed-e-loans a year ago. I made several repayments but then defaulted as I was signed off sick on a long-term basis and was no longer getting paid.

 

I offered them £10 per month but they said they would not accept it. They kept contacting me by phone and I kept telling them I would only speak to them in writing.

 

Today I received a claim form from Northampton County Court for £1512.97 plus a court fee of £80.00 so £1592.97 in total.

 

The original loan was £250.00, with £77.50 due to be repaid on 31/12/10 and £327.50 on the 31/1/11 so £405.00 would have been repaid in total.

 

Please advise.

 

Many thanks

[42man]

Can you write up what the 'particulars of the claim' are ?

[havinastella]

Amd how much have you repaid?

[emmie42]

Particulars are:

 

'Loan agreement entered into by the Defendant on 15/12/2010. Defendant has failed to honour the conditions of the loan as set out in the T & Cs, and the Claimant now claims repayment of the loan together with fees and interest in full.'

 

Nothing repaid as I had one loan and rolled it over but that was effectively repaid and a new loan agreement set up. According to an email I have it says £58.49 was due on the 30/11/10 and £327.50 on the 31/12/10.

 

They are now asking for £1512.97 plus court costs.

 

I have emails from me to them offering a repayment plan and from them rejecting it.

 

Do I admit part of the claim or disagree with the claim?

 

Please help.

[42man]

Are you able to post up ALL the agreement (minus the personal details) use http://www.photobucket.com (free) if need be

[sillygirl1]

You don't need the whole loan agreement to know this is wrong, a simple short defence is sufficient, given the length of time they have taken to get this to court.

 

Have you got any evidence that you have tried to repay this - and are the dates of 2010 right? They must also be reported to

 

http://www.consumerdirect.gov.uk

[sillygirl1]

If you have proof you were sick and not getting paid then that can be put in the defence too. Basically your defence should be laid out as

 

summary of your defence - ie the original loan amount

summary of any repayments made by you

correspondence history

declaration of truth

 

It is as simple as that, the more legal stuff you put in the more you are leaving yourself open to them abusing you in court, and coming up with stuff the judge has no authority over.

 

Quite simply this is extortion.

[emmie42]

Ok, have managed to sort it out in my head! The original loan was taken out on the 9th Nov 2010 and £58.49 was repaid on the 30/11/10 as per the agreement. The remainder was due on the 31/12/10. The loan was then rolled over on the 15th December and a new credit agreement was issued. No repayments have been made since then despite me trying to set up a payment plan (I have emails to prove this).

 

Communication came to a halt May/June time this year as they stopped communicating in writing and kept phoning me. I told them I would only communicate in writing. Nothing then until the court papers yesterday and then today I received a nice shiny gold envelope in the post (thought it was an Xmas card!) with a letter in from them.

 

I have scanned all documents and uploaded to Photobucket at http //s1221.photobucket.com/albums/dd479/emmie421/

 

Thanks

[sillygirl1]

The link doesn't work....

[emmie42]

Sorry

[emmie42]

http://s1221.photobucket.com/albums/dd479/emmie421/

[emmie42]

Not sure about a default notice. Don't think so but will have a look in my paperwork.

[sillygirl1]

With payday loans you DO NOT need a default notice, this is because the loan sum is unpaid at the end of the loan term and the default is an automatic one. This has been discussed in depth here and used against the PDL company in court where a default notice has been issued - their default notices are invalid anyway because they are often issued by the parent company and not the original lending company.

 

I am going to bow out on this one as I have too many of my own issues to deal with.

[42man]

Thanks for that...I didn't know this....

[sillygirl1]

I believer it is in Section 86 of the CCA Act, the payday loans being an 'unregulated' agreement, unregulated in the sense that the loan period is short and if the loan has not been repaid then the default process is not needed.

[emmie42]

Thanks for your help everyone, I will get my defence together ASAP.

[havinastella]

With payday loans you DO NOT need a default notice, this is because the loan sum is unpaid at the end of the loan term and the default is an automatic one. This has been discussed in depth here and used against the PDL company in court where a default notice has been issued - their default notices are invalid anyway because they are often issued by the parent company and not the original lending company.

 

I am going to bow out on this one as I have too many of my own issues to deal with.

 

Anything we can help you with SG??

[sillygirl1]

Thanks Havinastella, have sent you a PM with a link to my thread.... just a lot of officialdom being idiots!

[MARTIN3030]

Please keep posts on topic,and in a nature that will be of value to the OP instead of personal comments.

[sillygirl1]

Has the acknowledgement been done and do you need help with the defence?

[emmie42]

All done thanks.