Optima Legal/MMF Claimform QuickQuid 'debt' ***Claim Discontinued***

[dx100uk]

defend all that's for sure!!

 

dx

[tomtom013]

With some help I am prepared to do this for sure!! However, I don't yet have the confidence in how to go about defending the claim

[dx100uk]

simple ans is if you don't defend ALL, you'll get a CCJ by default anyhow.

 

yes we can help

 

dx

[sequenci]

defend all that's for sure!!

 

dx

 

On what grounds?

[tomtom013]

that's why I am posting here to seek legal advice on the most plausible option(s) for me given the information I have provided. Your advice would be greatly appreciated:-)

[Mike_hawk]

Tomtom

 

If you could post its poc it may assist others giving advice.

 

Assuming you acknowledge that you wish to defend all, you can change position later if it appears that you have no defence or are unable to find cause to mitigate/reduce the quantum claimed.

 

From your earlier posts it doesn't appear to have inflated the debt with the application of usury interest or charges.

[tomtom013]

Hi Mike the POC as goes below.

 

The claimant's claim is in respect of a personal loan agreement regulated by the CCA 1974 made between Quickquid and the defendant on 31/12/2010. The defendant successfully applied for a personal loan in the sum of £900.00 via quickquid website and was provided with full terms and conditions. The defendant failed to make payments, as required, and is therefore in breach of said agreement.

 

A default notice was served on the defendant on 04/04/2011 and the defendant has failed to comply with the terms therein. On 30/01/12 a notice of assignment was sent to the defendant notifying them that this debt had been assigned to the claimant. The claimant's claim therefore stands at £1,065.00,plus costs. The claimant has complied with sections III and IV of the practice direction on pre-action conduct.

[Mike_hawk]

Did you make any payments to the account or did you cease corresponding when it rejected

your initial offer?

[tomtom013]

I emailed them a number of times asking for a reasonable payment plan but they could only accept payment in three equal instalments. I could not afford that at the time and they would not budge so no payment was paid.

[Mike_hawk]

Probably (with hindsight) not the best way to have dealt with it :-/

 

It's a fairly recent agreement and in all honesty I can't imagine it will have any difficulty producing ample data to enable enforcement.

 

If you entered a defence putting it to strict proof of the agreement, the compliant DN (post term not really necessary), the quantum and the assignment it may take the position that if it's going to the trouble of producing them it may as well spend a few quid on a sj hearing in deference to a trial fee.

 

Do you believe you have any defence beyond perhaps a feint hope of technical failings or lack of documentation?

[tomtom013]

Probably (with hindsight) not the best way to have dealt with it :-/

 

Do you believe you have any defence beyond perhaps a feint hope of technical failings or lack of documentation?

 

Not really other than I'm not sure how much the original was for and how much in extra charges and interest they have added.

[Mike_hawk]

I'd be inclined to CCA it now by recorded delivery, you can also serve CPR 32.14 request for any docs mentioned in its particulars. Appreciate the CCA appears to be a duplicate request but it won't be undermined by CPR and the requirement to respond persists regardless of track.

 

What is the date of issue on the claim pack? You have +5 days for service + 14 days to acknowledge the case with your intentions (19 days in total). If you acknowledge and decide to defend all the filing date will be extended by a further 14 days (33 days in total from issue).

 

Depending on its response the opportunity to compromise the case by consent or tomlin may be an option further down the line.

 

On the face of it, you think the original loan amount may be correct at £900.00 (CCA should clarify), you've made no repayments since inception and the level of interest and/or charges don't appear unreasonable (surprisingly low given the claimant party)

[tomtom013]

If they have bought the debt and say only paid a few £100 for a £900 debt does that mean they can only recoup there loses or am I being silly and it does not work like that at all.

[tomtom013]

I'd be inclined to CCA it now by recorded delivery, you can also serve CPR 32.14 request for any docs mentioned in its particulars. Appreciate the CCA appears to be a duplicate request but it won't be undermined by CPR and the requirement to respond persists regardless of track.

 

 

On the face of it, you think the original loan amount may be correct at £900.00 (CCA should clarify), you've made no repayments since inception and the level of interest and/or charges don't appear unreasonable (surprisingly low given the claimant party)

 

I'm pretty sure the £900 will be inclusive of the original interest (i.e. £25 % per £100 loaned) and anything above this is added interest and or default charges.

[tomtom013]

Who do I CCA, MMF or the Optima, the solicitor. Who do I send the CPR 32.14 request too. Thanks for the help

[Mike_hawk]

Who do I CCA, MMF or the Optima, the solicitor. Who do I send the CPR 32.14 request too. Thanks for the help

 

CCA to the creditor (MMF), 31.14 to appointed counsel (Optima service address per claim pack).

 

Guess you spotted the typo... should read 31.14 in earlier post. Would post a link for you but not worked out how to yet on this tablet. There is a sticky in this section (legal) which should assist.

Edited August 11, 2013 by Mike_hawk

[tomtom013]

Okay Thanks Mike.

 

I'll do some reading as advised. Send the CCA to MMF, CPR to Optima and acknowledge the claim with a view to contest all, this way I can change my plea based on the CCA and or CPR.

[Mike_hawk]

That's about the size of it, I'm struggling to find anything else useful at the mo. The agreement is so recent its unlikely to have an issue with gaining judgment.

 

I think this is more the case of mitigation where possible (post term interest and charges) and hoping it baulks at a defence and prefers the consent route.

 

You should always remain cautious of pre allocation costs if it has all docs and decides to apply for summary judgement.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?396982-New-payday-loan-survival-guide-by-mike-dailly-govan-law-centre.

 

This is a Pay Day Loan, yes ? Have a read of the link above and Mike Dailly's article, there might be something within that, that will help.

[Mike_hawk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?396982-New-payday-loan-survival-guide-by-mike-dailly-govan-law-centre.

 

This is a Pay Day Loan, yes ? Have a read of the link above and Mike Dailly's article, there might be something within that, that will help.

 

Hi cb

 

Had read Mikes article, not sure how useful it will be to TT in this instance. Original term appears to be £900.00 (principal + Ci). Post term it seems to have increased by £165.00 over a 32 month period (not overly extortionate)

 

Hopefully the CCA response will shed some light on whether this is post term interest or default/penalty charges, or perhaps a combination.

 

My initial thoughts would be to press for clarification and perhaps compromise by way of consent depending on its response.

[tomtom013]

You should always remain cautious of pre allocation costs if it has all docs and decides to apply for summary judgement.

 

I'm sorry but could you please elaborate as I'm not savvy on the jargon. What pre-allocation costs and summary judgement. Thanks TT

[tomtom013]

one other thing the court in question is Northampton can I request to have reallocated to where I live and how would I do this

[Mike_hawk]

You should always remain cautious of pre allocation costs if it has all docs and decides to apply for summary judgement.

 

I'm sorry but could you please elaborate as I'm not savvy on the jargon. What pre-allocation costs and summary judgement. Thanks TT

 

It could apply for sj before the case is allocated to a track, if it did (and won) you wouldn't have much in the way of protection from a costs order.

 

one other thing the court in question is Northampton can I request to have reallocated to where I live and how would I do this

 

Case would be automatically transferred to your local court for hearing/trial.

[Mike_hawk]

Depending on its response to the CCA request the option to compromise the case by consent may be useful.

 

In effect you could stay the case and offer terms for repayment of an agreed quantum without a ccj being filed. The alternative would be to admit (partial or full) and be stuck with a ccj, applying for a variation to pay on affordable terms.

[tomtom013]

okay I have just filed my acknowledgement of service online (AOS), I did not contest jurisdiction. I entered to defend in full and have a further 14 days to enter my defence is that right! When it comes to righting my POC, could I ask someone for help and also, how do I submit my POC online.

 

Also where will I find the CPR 31.14 that I need to send to the solicitor. Also I am under the impression that I need to be succinct in requesting information under the CPR. Is this true and if so what information should I request.

 

One other thing they have rung my work place a number of times, including my personal every day 3-4 a day. Could this be used as harassment or would it go against me?

 

Big thanks TT:-)