Safeloans issued Court Summons - please help

[sillygirl1]

I agree, this lot seem to like using court as a means of debt collecting, and they need to know that the OFT will take their licence away if they abuse the court processes.

 

I would sumbit their offer to the court as part of a harrassment claim against them.

 

As renegadeimp says they were hoping for judgement by default (which IMHO should be scrapped) and now you have filed the simple defence they have to do some work in return... this is more costly to them because they now have to pay £80 for the AQ questionnaire (this costs you nothing).

 

I wouldn't mind betting that they next send a Notice of Discontinuance.

[rebel11]

http://www.justice.gov.uk/courts/pro...l/rules/part38

'Also, how can they stop the court action? I assumed once a defence had been submitted, the process had to continue? Please can someone correct me here if I am wrong!'

[renegadeimp]

Your not wrong. However if t is settled out of court the pdl can update the court when the hearing takes place. The pdl tells the debtor that there is no need to appear.

 

It sounds a bit weird and kind of a mockrey of the system but thats what pdls do.s

[sillygirl1]

Don't accept the out of court settlement, this is positive proof they are using the court system as a primary objective of collecting debts.

 

You must report them to the OFT and Trading Standards, if you do not do that you are wasting time posting on here.

 

This is one of the few lines of attack which can produce results. The OFT will say they cannot do anything as it has gone to court but insist they record the fact that they do not want to negotiate until they have 'strengthened' their case by issuing unnecessary court paperwork.

 

Remember both the OFT and Trading Standards are doing an indepth investigation into this murky market.

[Andyorch]

Hi Loofy

 

Once a defence is submitted the claimant has 28 days to respond or the claim is stayed.I assume as no AQ as been received then this matter is stayed.

For them to proceed they have to pay the Allocation / and any hearing fees which probably out weighs the debt amount in any event.Obviously these costs would be added to the litigation/debt total providing they were successfully in attaining a judgment.From a commercial point of view I assume this is a pressure tactic to force you to settle.

 

The only way they can get judgment without proceeding the normal process is to make application for Summary Judgment( again another £80.00 fee) or application to strike out your defence, so I rather expect that this is now at stalemate.

 

Regards

 

Andy

[sillygirl1]

As I said they need reporting for using court to unjustly enrich themselves....

 

Isn't it better that we have entered the 'simple' defence which has again proved its worth against a predatory PDL company with a dubious claim... otherwise it would have been judgement by default (IMHO this should be scrapped).

[loofyllis1972]

This will be quite a long post, so apologies in advance.....

 

Today I got home to receive the following letter:-

 

Dear Miss xxx

 

re: safeloans Limited v xxx

 

We have received from Northampton County Court a copy of your part admission filed, dated 30th April 2012 in response to our claim. We note you have admitted the amount of £229.25 and are agreeing to pay specified interest.

 

We do not accept your part admission to our claim and have therefore instructed the court that we wish to proceed with our claim.

 

Under the terms and conditions of the loan agreement dated the 23rd November 2011, you were provided with a credit limit in the sum of £200 allowing you to take loan advances, subject to approval, up to the credit limit and on the 23rd November 2011 the sum of £100 was advanced to you.

 

By way of service upon you we enclosed a further copy of the loan agreement dated the 23rd November 2011 from which you will note that had you settled this loan on the due date, you would have paid back £152.75. We confirm that after 64 days, the interest was frozen at £48.00. Additionally, in accordance to the terms and conditions of your loan agreement we are entitled to loan charges should you fail to make the payments due under the agreement. These charges have been applied to your loan account in the sum of £133.50.

 

On the 4th December 2011, we further advanced to you the sum of £100.00 and enclosed for your information a copy of the further loan agreement dated the 4th December 2011, and again had you settled this loan on the due date, the total amount payable would have been £172.00, interest was also frozen after 64 days at £64.00. In accordance with the terms and conditions of your loan agreement, we are entitled to loan charges because you have not paid back the loan on the due date and accordingly these charges in the sum of £133.50 have been applied to your loan account.

 

There has been an error made in the calculating the interest claimed in the particulars of claim and we confirm that this has been deducted from the figure claimed in the summons and credit is given to you in the sum of £28.25. We hasten to apologise for the interest calculations error, and confirm that the revised figure claim is £554.00 and £55.00 summons fee.

 

We confirm it is our intention to continue small claims, and invite you to settle our claim in full. We are mindful of the increased cost to this claim, and reluctant to protract further cost in this manner. We urge you to please contact the office on xxxxx or email at xxxxxxx to discuss the matter further.

 

Yours sincerely

 

xxxx

 

So the other day they sent me an email offering me to make two payments to clear the balance for less than the amount I admitted to, and today it has shot up again...

 

Just don't know which way to turn with this lot... have copied all to the OFT, but nothing back from them as yet.

 

Should I contact Safeloans again and ask what the hell they are playing at? They stated quite clearly the other day the 'amount outstanding' and it was what I had admitted to. Now it isn't.

 

Getting really worried and stressed by all this now.

[renegadeimp]

If you have all the written evidence tell them that, and tell them that you are 100% willing to show any court judge exactly what they are doing and that they are trying to lie to the court.

[loofyllis1972]

Have copies of everything they've sent me, either by email or post. Are they actually lying though? Or did they simply drop the amount to avoid going to court? Just feeling so worn down by it all....

[JadedGirl]

Got a similar letter from Safeloans as well(are they making this a hobby-sending letters with practically the same format??) What if nobody wants to negotiate with them in the end??

 

(name of debtor)

address of debtor

Letter Date

Your account reference number:

Please quote your account reference number in all communications

Re: Safeloans Ltd v (name of debtor)

Court Case Number: xxxx

Balance owing on your account as of today's date:17/05/2012: £600.50

REQUEST FOR JUDGMENT IMMINENT- FINAL SETTLEMENT OFFER

Dear Ms. X

 

This is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent we will inform the court that you have not paid the debt owing and we will ask the court to "Request Judgment," you will then be registered with a "CCJ." A judgment will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

IMPORTANT PLEASE READ- As you are aware we have tried to negotiate with you throughout the arrears status on your account. The Courts directive is to try and "mediate settlement". Even at this late stage we offering you 2 discounted option's to settle our claim.

 

1/ A substantial 30% discount off the balance owing, your new discounted balance is £420.35, to take up this offer the account must be repaid in one payment and by 31/05/2012. For this offer the payment must be made by a valid Debit Card and we will set up an automated collection for the date agreed with you.This action will settle your account and stop proceedings. Please note you must contact us no later than 27/05/2012 with your proposal

 

2/ A 15% discount off the balance owing, your new discounted balance is £510.43, this payment arrangement is set over two months. The first payment must be made on / before 31/05/2012. This action will settle your account and stop proceedings. For this offer the payment must be made by a valid Debit Card and we will set up a payment plan on our system for automated future payments on the date agreed with you. Please note you must contact us no later than 27/05/2012 with your proposal

 

If you have any queries please do not hesitate to contact the litigation team who will be able to assist you on 020 82534132 / 020 82534133 or 020 82534140. You may also send a letter or email your queries to: litigation@safeloans.co.uk If your first re-payment date is more than 7 days away you will need to make a “Token” (Goodwill Payment).

 

Because of the seriousness of the account status a minimum token payment £20.00 must be paid to allow us to enter in to payment arrangement with you.

 

Regards

Safeloans Ltd

1st & 2nd Floor

30 Church Street

Croydon

CR0 1RB

 

I have made a payment of less than £20.00 before; why would they still be needing a token payment in the first place?? It's like some sort of subtle extortion. Any advice on how to deal with the above? It's beginning to sound like some marketplace transaction, where a lot of haggling takes place.

 

Besides, I do not want to give out my debit card details and that is one of their conditions. I do not trust the phrase "automated future payments" because that phrase has been very much abused and misused( based on my experience).

 

Any advice would be appreciated.

 

PS. Prior to this letter, there was a four month payment agreement which did not push through.

[phillyg]

This lot really are a bunch odd cowboys. When I took out my loan with them in 2009 you could walk into the office and get your money straight away. They did not even offer online payday loans.

 

I never heard from these for three years as I thought the debt had been paid. All the sudden they send an email stating I owe them over 500.00.

 

To top it off they offered a 40% discount to settle.

 

Three years pass without contact at the same address never moved and then send me an email.

 

I don't think so, take a run and jump!

 

Good luck with these cowboys. Yeehaa!

[phillyg]

Got a similar letter from Safeloans as well(are they making this a hobby-sending letters with practically the same format??) What if nobody wants to negotiate with them in the end??

 

(name of debtor)

address of debtor

Letter Date

Your account reference number:

Please quote your account reference number in all communications

Re: Safeloans Ltd v (name of debtor)

Court Case Number: xxxx

Balance owing on your account as of today's date:17/05/2012: £600.50

REQUEST FOR JUDGMENT IMMINENT- FINAL SETTLEMENT OFFER

Dear Ms. X

 

This is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent we will inform the court that you have not paid the debt owing and we will ask the court to "Request Judgment," you will then be registered with a "CCJ." A judgment will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

IMPORTANT PLEASE READ- As you are aware we have tried to negotiate with you throughout the arrears status on your account. The Courts directive is to try and "mediate settlement". Even at this late stage we offering you 2 discounted option's to settle our claim.

 

1/ A substantial 30% discount off the balance owing, your new discounted balance is £420.35, to take up this offer the account must be repaid in one payment and by 31/05/2012. For this offer the payment must be made by a valid Debit Card and we will set up an automated collection for the date agreed with you.This action will settle your account and stop proceedings. Please note you must contact us no later than 27/05/2012 with your proposal

 

2/ A 15% discount off the balance owing, your new discounted balance is £510.43, this payment arrangement is set over two months. The first payment must be made on / before 31/05/2012. This action will settle your account and stop proceedings. For this offer the payment must be made by a valid Debit Card and we will set up a payment plan on our system for automated future payments on the date agreed with you. Please note you must contact us no later than 27/05/2012 with your proposal

 

If you have any queries please do not hesitate to contact the litigation team who will be able to assist you on 020 82534132 / 020 82534133 or 020 82534140. You may also send a letter or email your queries to: litigation@safeloans.co.uk If your first re-payment date is more than 7 days away you will need to make a “Token” (Goodwill Payment).

 

Because of the seriousness of the account status a minimum token payment £20.00 must be paid to allow us to enter in to payment arrangement with you.

 

Regards

Safeloans Ltd

1st & 2nd Floor

30 Church Street

Croydon

CR0 1RB

 

I have made a payment of less than £20.00 before; why would they still be needing a token payment in the first place?? It's like some sort of subtle extortion. Any advice on how to deal with the above? It's beginning to sound like some marketplace transaction, where a lot of haggling takes place.

 

Besides, I do not want to give out my debit card details and that is one of their conditions. I do not trust the phrase "automated future payments" because that phrase has been very much abused and misused( based on my experience).

 

Any advice would be appreciated.

 

PS. Prior to this letter, there was a four month payment agreement which did not push through.

 

Jadedgirl they are going to be busy in court as I have exactly the same letter sent by email.

 

I have until the 26/05 to respond.

 

The only difference is my loan is from 2009. And the offered 40%discount.

[sillygirl1]

I would get onto Trading Standards about the 2009 loan, especially if it has been repaid.

 

Clearly their administration systems are not up to standard.

 

This lot need stopping, £72 in interest on a £100 loan - they have to be stopped fleecing people left, right and centre.

 

I would also keep a close check on your CRA record as goodness knows what is being recorded on there.

 

Trading Standards in Croydon do not like 'flyboys' on their patch so complain complain complain.

 

Also complain to the OFT.

 

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

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

[loofyllis1972]

Hi everyone.... this is about to be another ridiculously long post, so please bear with me. Hope it makes sense to you all.....

 

Firstly, I received this email:

 

Re: Safeloans Ltd v xxx

Court Case Number:

 

Balance owing on your account as of today's date:11/05/2012: £210.75

 

REQUEST FOR JUDGMENT IMMINENT- FINAL SETTLEMENT OFFER

 

Dear xxx

 

This is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent we will inform the court that you have not paid the debt owing and we will ask the court to "Request Judgment," you will then be registered with a "CCJ." A judgment will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

IMPORTANT PLEASE READ- As you are aware we have tried to negotiate with you throughout the arrears status on your account. The Courts directive is to try and "mediate settlement". Even at this late stage we offering you 2 discounted option's to settle our claim.

 

1/ A substantial 30% discount off the balance owing, your new discounted balance is £147.53, to take up this offer the account must be repaid in one payment and by 25/05/2012. For this offer the payment must be made by a valid Debit Card and we will set up an automated collection for the date agreed with you.This action will settle your account and stop proceedings. Please note you must contact us no later than 21/05/2012 with your proposal

 

2/ A 15% discount off the balance owing, your new discounted balance is £179.14, this payment arrangement is set over two months. The first payment must be made on / before 25/05/2012. This action will settle your account and stop proceedings. For this offer the payment must be made by a valid Debit Card and we will set up a payment plan on our system for automated future payments on the date agreed with you. Please note you must contact us no later than 21/05/2012 with your proposal

 

If you have any queries please do not hesitate to contact the litigation team who will be able to assist you on 020 82534132 / 020 82534133 or 020 82534140. You may also send a letter or email your queries to: litigation@safeloans.co.uk If your first re-payment date is more than 7 days away you will need to make a “Token” (Goodwill Payment). Because of the seriousness of the account status a minimum token payment £20.00 must be paid to allow us to enter in to payment arrangement with you.

 

Regards

Safeloans Ltd

1st & 2nd Floor

30 Church Street

Croydon

CR0 1RB

 

http://www.safeloans.co.uk

 

Then I received the letter detailed in my earlier post which stated a highly inflated figure being claimed in court.

 

I wrote and re-iterated my offer to them, based on the above email, and have today received the following email:

 

Dear xxx We confirm receipt of your email. As per our letter dated 15th May 2012 your total outstanding balance is currently £637.25.

As you are aware you have two account with us. The figure for £210.75 outlined in our email sent on 11th May 2012 is the balance owing on one of your accounts.

 

 

We have not accepted you part admission and therefore confirm that it is our intention to continue with court proceedings.

 

Regards

Safeloans Ltd

 

Having checked their earlier email, and their letter, they are quoting the same account number on each. So for the same account number I have two different balances? When I also checked against the letter I received, (copied earlier in this thread), neither account would add up to the £210.75 they claim it does. They also keep referring to 'their claim' in the first email here, which indicates that this is the only amount on there. Surely they cannot send out a separate letter, for a different account, under one court claim? Why would they not have sent another letter with a reduced settlement for the other account too?

 

I am rapidly getting to the end of my tether, and would appreciate any advice as to how to respond to them. They have succeeded in confusing me, worrying me, and have still not even acknowledged my offers made! They are always conveniently disregarded in any correspondence they send to me. I am just concerned that having confused me so thoroughly, when we get to Court, they will walk all over me as I don't know what the hell is going on now.

 

Thanks for any assistance.

[renegadeimp]

So much regulation breaking prose in that letter, its funny!

 

What i would do is get all my evidence in order and detailed, then should they submit a court application, then you can file a defence and appear at court and defend yourself with the documentation.

 

That PDL is so sure they will win, they already said that a CCJ will be granted upon application. That isnt how the system works at all, and they know it.

[loofyllis1972]

Also just noticed that the balance they quote in todays email - £637.25 - is not the same as that quoted in their letter to me; this was £554 plus £55 summons fee. I make that £609, which is the amount after revised interest!!!

[renegadeimp]

Also just noticed that the balance they quote in todays email - £637.25 - is not the same as that quoted in their letter to me; this was £554 plus £55 summons fee. I make that £609, which is the amount after revised interest!!!

 

Yet another piece of evidence for the court to see.

[loofyllis1972]

Renegade Imp - can you just clarify which bits would be against regulations? I just cannot think straight about this now....

[renegadeimp]

Renegade Imp - can you just clarify which bits would be against regulations? I just cannot think straight about this now....

 

Sure.

 

his is our final formal notice informing you we are at the legal stage "Request Judgment" where the issuing of your (CCJ) judgment is imminent we will inform the court that you have not paid the debt owing and we will ask the court to "Request Judgment," you will then be registered with a "CCJ."

Threatening behaviour and scare tactics. They also assume they will win the case.

 

A judgment will have a very negative impact on your credit rating and will make it near impossible for you to gain any form of regular credit or finance for a whole 6 years from when registered.

IMPORTANT PLEASE READ- As you are aware we have tried to negotiate with you throughout the arrears status on your account. The Courts directive is to try and "mediate settlement". Even at this late stage we offering you 2 discounted option's to settle our claim.

They are trying scare tactics again and then try to shift the blame away by saying that theyre still offering a settlement at the late stage.

 

1/ A substantial 30% discount off the balance owing, your new discounted balance is £147.53, to take up this offer the account must be repaid in one payment and by 25/05/2012. For this offer the payment must be made by a valid Debit Card and we will set up an automated collection for the date agreed with you.This action will settle your account and stop proceedings. Please note you must contact us no later than 21/05/2012 with your proposal

 

 

2/ A 15% discount off the balance owing, your new discounted balance is £179.14, this payment arrangement is set over two months. The first payment must be made on / before 25/05/2012. This action will settle your account and stop proceedings. For this offer the payment must be made by a valid Debit Card and we will set up a payment plan on our system for automated future payments on the date agreed with you. Please note you must contact us no later than 21/05/2012 with your proposal

They cant demand that method of payment and if theyre willing to wipe 30% off a debt like this, then chances are they had hugely inflated it anyway.

 

Because of the seriousness of the account status a minimum token payment £20.00 must be paid to allow us to enter in to payment arrangement with you.

Again, they cant demand this at all, especially if the account is disputed and they wont agree to a repayment plan.

 

They also seem to be fiddling the books as they are quoting the same account twice with two different amounts and treating it as two separate debts. Just to clarify, how many loans do you actually hold with them?

[loofyllis1972]

Two loans Renegade, which are both under the same CCJ application. I have already filed my defence, this correspondence is all since that went back to Court. The wording of the original court claim is here on this thread earlier. They have lumped them both together, this is why I don't understand why they would be offering me a reduced settlement on one of them, and not the other, when they are both being dealt with under the same Court claim.

 

I am getting hopelessly lost and confused. I want to reply to them, but have no idea where to start...

[sillygirl1]

Get all their messages together and send them to the court for your file, clearly Safeloans are not up to keeping correct paperwork on your account - and you must add this lot to the claim for the OFT.

 

I wouldn't bother responding until you get the Allocation Questionnaire from the court - don't think you have got to that stage yet. I think we did the defence didn't we? I am getting confused here too!

[loofyllis1972]

Yes Silly Girl, defence has gone in, and Safeloans do not accept it. (tough!). Should I send all the copies to the court now, or wait until the case comes up?

 

Funny how they didn't want to talk to me or respond to my letters at all until the ccj had been requested... and yet they are still completely ignoring my offers!

[sillygirl1]

I hope you sent the defence to the court and not direcly to Safeloans, send everything to date to the court as additional evidence, label each item in chronological order. Don't send copies to Safeloans as they have sent them to you.

 

This lot need a serious shake up.

[renegadeimp]

I hope you sent the defence to the court and not direcly to Safeloans, send everything to date to the court as additional evidence, label each item in chronological order. Don't send copies to Safeloans as they have sent them to you.

 

This lot need a serious shake up.

 

Exactly. The defence should be sent to court. Safeloans can see it once its been processed. Label each piece of evidence as Exhibit A, B etc. If you had multiple letters the same day, use Exhibit A i and A ii etc.

[loofyllis1972]

Yep all went to the Court, and assume it has been processed as Safeloans refer to my partial defence and won't accept it. The stuff I've had since. do I send this to the Court now with a covering letter, or hang on to it? Just really worried about defending this, as am starting to not know whether I am coming or going.