In court next week V PDL

[iscream]

Hi All,

I have a course case with a PDL company early next week. I have filled a defence and acknowledged part of the debt, the loan plus one month’s interest. During mediation, I stuck to my guns and only offered them this said amount. They were not willing to accept this offer, and requested I pay charges and interest minus 20%, as a good will gesture. I stated I could not pay them this and offered a monthly payment arrangement for the full amount, but again they would not accept this offer.

Anyway, the amount the PDL company is claiming is over 100% of the original payment of one month’s interest and original loan. I have not mentioned this in my defence, as I thought the excessive charges would be obvious to a judge. My main defence is an unfair relationship, as their interest has been calculated incorrectly, over the course of the loan. The said difference is a couple of £’s, over the course of 20 something days. I am also challenging their running credit agreement, as all monies owed had to be paid in full after a month, it is stated in the CCA that the maximum length of borrowing is 30 days.

During a recent telephone call and calls in the past, I know but I did this before I found this site, I stated that that they had calculated the interest incorrectly, and they should drop all charges, this request was refused. During the last call, they stated that the loan was over a couple of months, and not 20 something days. Even though the default notice was sent 14 days after no payment was received. They seem to be changing their story over the course of this process. As said conversations have been over the telephone, I have no proof of this.

In their statement to my defence, there are a number of anomalies, e-mails that have been drafted to support their case, and not in an email format, a letter from a solicitor which has no letterhead or name on it and repeatedly stating that I have not paid any money back. Even though I have continuously contacted them via telephone to get the account sorted, but they would not drop their excessive charges.

The main reason for posting is asking for any advice, as I do not want these loansharks to get away with this. Also, during the court case, can I mention aspects of their statement that I have not mentioned in my original defence?

Sorry about this long post, but I am getting a bit giddy with the looming court date and just want a result to make them crawl back under their stone!

[AndyOrch]

Hi iscream

 

What date is your Court Case being heard?

 

Regards

 

Andy

[iscream]

Hi Andy,

 

Court case is on Friday

[iscream]

The decision was in my favour. I will elaborate further once I receive court papers etc.

[renegadeimp]

Nice job. Did you get the result you wanted?

[AndyOrch]

If you could expand iscream it would be very helpful to the forum and other posters in your predicament.

 

Regards

 

Andy

[toptrapper]

 

I'm extremely interested to see what the court had to say. Iscream, any chance of an update?