1st Stop Payday Loans CCJ.

[MancDan]

Hello everybody. I'm in a bit if a pickle here and could do with some advice.

 

I am currently on a debt management plan with Payplan and I have been so for around 5-6 months. My debt primarily consists of payday loans and originally totaled approximately £5000. I have managed to pay off around £1200 since the DMP's inception making monthly payments via Payplan.

 

Whilst the DMP was being setup I advised all of my creditors that they should expect to hear from Payplan in due course with an offer of monthly repayment. This would also include details on my other creditors balances etc (there are around 10-12).

 

1st Stop Payday Loans , stated from the outset that they would not accept the DMP (they are the only one!) as my account was already in litigation and that I should except court papers through shortly if I did not arrange a payment plan with them separately. Though they advised they had their own 'in house' DMP service they would look at putting me onto. I obviously did not take them up on this.

 

A few months passed without incident and although i missed a payment on my DMP everything seemed to be going smoothly, until the other week 1st Stop came back with threatening emails. I again stated I was on a DMP with Payplan yet they were not interested in this. This week I've received CCJ forms and they are the claimant.

 

I've spoken to Payplan and they have asked me to fill out certain sections on the form and to send it to their legal department. They will then forward on information on my financial situation/ income/expenditure in the response pack to 1st Stop.

 

I have not yet sent this back and I'm wondering what (if anything) else I could be doing or thinking about before I do. First of all the balance they've put on the CCJ form (£405) isn't in my opinion correct (its as if they haven't taken my Payplan payments into account and have continued to charge fee's & interest). I have told Payplan about this and they have asked me to send in the forms anyway.

 

I'm essentially wondering what do 1st Stop Payday loans expect to get out of taking me to court? I cannot afford to pay them more as stated in my DMP. Wont the court see this as well and set the CCJ repayments in line with that?

 

Appreciate any advice given.

 

Regards

Dan

[MancDan]

Can anyone please help? I really need to be sending the response pack back today tomorrow latest.

[MancDan]

So many views and no thoughts. Disappointed no one has any advice.

[Ell-enn]

Hi there, I think 1st Stop are being unreasonable and think they can circumvent your DMP to get more money than the rest of your creditors, however the court will only set payment at what you can afford once they see what your income and DMP payments are. You need to be completely sure that Payplan put the right information into the forms. You say the court response pack has to be sent to 1st Stop? I would have thought they had to be returned to the court?

[renegadeimp]

Have you actually had court papers yet or just a threatogram.

 

This company will take people to court but use the courts as a form of debt collection instead of a last resort.

[MancDan]

Hi there, I think 1st Stop are being unreasonable and think they can circumvent your DMP to get more money than the rest of your creditors, however the court will only set payment at what you can afford once they see what your income and DMP payments are. You need to be completely sure that Payplan put the right information into the forms. You say the court response pack has to be sent to 1st Stop? I would have thought they had to be returned to the court?

 

1st Stop know what my income/exp is, they have details of this from payplan yet they are not interested. If the court more than likely rules in favour of my DMP what is the point of the CCJ? Are they not just being total ********s and wasting everybody's time? Payplan I assume are sending my court papers on along with my inc/expendidture etc to ensure it all ties up with the plan.This is causing me untold amounts of stress and sleepless nights. The thought of going to court is pretty frightening. I'm doing my best to resolve this debt I have yet for these people they are insistent on making things incredibly difficult. I have had some really disgusting conversations on the phone with them and via email. They are a really snide, threatening and un-professional bunch of skum.

[MancDan]

Have you actually had court papers yet or just a threatogram.

 

This company will take people to court but use the courts as a form of debt collection instead of a last resort.

 

Ive had the court papers through.Are they allowed to use the courts in such a way? I'm making reasonable contributions via my DMP towards the debt therefore this isn't a last resort AND in 2 years my debts will be cleared!. Do they have a leg to stand on? Is this just lot of hot air? Should I challenge them/call their bluff?

[renegadeimp]

Ok. Can you give us the date that is on the court form, and also the POC's. You have a strict timeline to adhere to otherwise they get judgement by default.

[MancDan]

Should I make a complaint to the Ombundsman?

[havinastella]

You can do whatever you want, but should you fail to defend the court papers properly, you WILL receive a CCJ and they will enforce it.

 

Once they get the judgement, they have all the power. Is the amount for what you owe, or is the claim inflated?

[MancDan]

I have returned the court papers. I have not chosen to defend Should I have done this? Payplan advised I send them back and they will do the rest.

 

The balance is inflated.

 

What a mess./.....

[havinastella]

Did you return the papers to the Court or Payplan? If payplan, get them back ASAP!

[MancDan]

Payplan. Its too late on, I have 14 days to return them, that 14 days is on Tuesday. I know I have 28 if I defend, is this what you are suggesting?

[havinastella]

That's what I would do. Did the court papers have a password so you could log in?

[MancDan]

That's what I would do. Did the court papers have a password so you could log in?

 

Not that I was aware.

 

Would there be another way of retaining this information you think? I notice another thread on here regarding 1st Stop and the forumer defended and they folded.

[MancDan]

I'll call them tomorrow to discuss the possibility of defending instead.

[renegadeimp]

Never ever let this PDL get a judgement by default, or an easy judgement. They will do anything to strip you of money. And i mean ANYTHING. Theyre almost on par with MMF / Lowell for their tactics.

[MancDan]

Right Im really at a loss on what to do here.Payplan have received my documents. They state they can only handle this if I agree to the full amount therefore if I dispute this I have to handle it myself. I don't mind doing this but its mounds more stress knowing I have to defend myself in court!

[Ell-enn]

Sounds like Payplan just want the easy option - admit claim and get CCJ that way they don't have to do any work. If the amount 1st Stop are claiming on the court forms is wrong (you said they had not deducted payments already made via your DMP) then you should defend.

[MancDan]

Sounds like Payplan just want the easy option - admit claim and get CCJ that way they don't have to do any work. If the amount 1st Stop are claiming on the court forms is wrong (you said they had not deducted payments already made via your DMP) then you should defend.

 

I am going to get hold of all the figures tomorrow and work out ho much I actually owe.

 

There is a response option on the Money Claim website listed as...

"If you admit part of the amount claimed, complete the Admission and the Defence form."

 

Is this the one I should select?

 

Does the fact I'm on a debt management plan play any part in my defence response? OR is it down to amounts owed that I'm responding to at this stage? Will my DMP and 1st stop's unwillingness to accept it be ever brought up in court?

[havinastella]

If you select that option, you will receive a CCJ against you.

 

If the amounts are really completely different, you defend in full as you do not owe that amount.

 

The choice is yours.

[MancDan]

Thanks.

 

So, what IF the balance I have differs on the basis that I expected them to stop interest and charges accruing since the inception of the DMP? My payments via Payplan in my opinion would have reduced the outstanding balance, yet 1st Stop's position may be that whilst they may of received these Payplan payments, the balance was still increasing due to interest and charge being added.

 

As i understand it even though I'm on a DMP, they do not have to recognize this and can continue to add interest and charges if they so wish.

[MancDan]

...

Edited February 17, 2014 by MancDan

[MancDan]

I've just spoken to 1st Stop.

 

In total of the £400 instalment loan I took out I made payments to it of £441.58. At this point I entered the Payplan DMP with a remaining balance of approximately £219.

 

They have charged a number of fee's to my balance.

 

£75 litigation fee

£12 defaults x3

£20 default fees x2

£35 Court fee

 

Giving me an outstanding balance of £405.

 

They stated to me that they have not received a letter of authority from Payplan regarding my DMP (not that it matters as they don't accept DMP's anyway) yet all of my other creditors have seemed to. They also state they have only received 2 payments since my DMP's inception totalling just £7.00 which I find extremely odd given they 'have' received my plans first payment in 2013 and my most recent one 2014. There's a gap of 4 months in between where they have not received payments in which I should of paid a further £62.00 against the outstanding balance.

 

In essence with the fees added they are making another £200 out of me, £262 if you include the moneys they say they have not received via my DMP.

 

I think I have grounds to file a suitable defence? Can anyone add to this?

Also, is the 14 or 28 day period to respond from the date of issue? The CCJ was issued on the 5th Feb.

Edited February 17, 2014 by MancDan

[renegadeimp]

ALl the default fee's are unenforceable. What exactly is this 'litigation' fee? Is it solicitors cost or just a inflated value to give them more profit?