Different Money/My mate solictors issued County Court Claim form, help!

[Ninja1337]

Hi,

 

last year I took out a payday loan with the company named "MyMate", unfortunately I got into a viscous payday cycle, and could not pay back.

 

Since then, they changed names to "Different Money" and have tried contacting me, but only through either phone or email. Not physical letter what so ever.

 

The phones I never answered, as it was numbers I did not recognize, and any txt they sent me would have come to my "spam" box on my phone. The same with my email.

 

However, going through my email I noticed that different money had sent an email sending a "final warning"

before sending it to their solicitors which they named "Alph Legal",

I responded to that email saying it had appeared in my junk folder and did not notice it,

but it was already too late, and I would have to talk to "Alph Legal".

 

A few days later, I did get a letter, but not from Alph Legal, but from Douglas Wemyss Solictiors,

they claimed an amount with the usual charges added, a

nd said I should pay in full to avoid further charges or contact them within 14 days for reasons of non-payment.

 

Which I did, it even provided me with a specific email address and not a phone number.

 

However, I heard nothing in return.

 

And now, I got a county court claim form from them.

 

I talked to different money, and they happily set up a payment plan,

but said they have accepted the payment plan,

but it has to go through court most likely as it is with the solicitors now

, and I would have to pay their fee..??

 

They are going to contact them tomorrow to clarify this, but surely this can be disputed right?

 

First of all:

 

They (Mymate/Different Money) never sent me a physical letter, only either email or phone. Surely you would send me letter if unsuccessful?

 

Which means, I did not really have a chance to discuss this matter with them, I was not even aware that they had changed name!

 

Second, the solictors did not get back to me, and I even sent a further email to them. Heard nothing. Different Money said they would check up on why this was, but still. Since they never responded, I assume my right and avoiding court could be within my rights here?

 

They also have some really funny address on me, postcode is right, but wrong county and number on the road

 

I'll be waiting to hear back from different money tomorrow, but if they say I HAVE to go through their solicitors,

how do I proceed with this claim form?

I don't want to pay their £60 court fee and £70 solcitors cost, and I also want to avoid a CCJ.

 

Any advice please, I have 14 days left to respond to the court.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(3-Viewing)-nbsp

 

Can you please have a read of the thread linked above, post your answers to the questions back here in your thread, then we will be able to advise further.

[Ninja1337]

Name of the Claimant ? Different Money Limited

Date of issue 17 April 2015

 

What is the claim for – the reason they have issued the claim? Unpaid Payday loan

What is the value of the claim? 739.50

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? PDL

 

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.

 

It has been assigned by their solicitors who are acting for them.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Only an email that it would be passed to someone else named "Alph Legal", which I could not read. In addition to the first letter from the solictiors

Did you receive a Default Notice from the original creditor?

 

From the solicitors

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Only one letter of notice

 

Why did you cease payments? Payday cycle

What was the date of your last payment? Did not pay back

Was there a dispute with the original creditor that remains unresolved?

 

Their name changing really, but nothing before this as I did not know about it

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

I tried to set up a payment plan in the beginning,

but it's nothing I could get through (due to my own fault/them asking for bank statements expenses form).

And then I heard nothing until receiving these letters

[Andyorch]

The Solicitor acting in this claim seems to have enough troubles of their own..rather than getting involved in collecting defaulted Payday loans.

 

http://www.legalfutures.co.uk/latest-news/high-court-untangles-claim-counterclaim-law-firm-sale

 

http://www.leicestermercury.co.uk/LAW-FIRM-S-QUIT-THREAT/story-20554610-detail/story.html

[Ninja1337]

I got a confirmation that they will have to go through their solicitors, who will go through the court system.

 

I am guessing the best way is to go through defense.

 

Any tips? The claimaint failed on actually contacting me, never sent me a letter and their solicitors never got back to me when I contacted them within their deadline (days actually).

 

In addition there is a small mistake on the address on the letters they sent me.

[Ninja1337]

Anyone?

[Andyorch]

You need to read a few threads...rather than sitting looking at your own Ninja1337 then you will see how the process works and how others have dealt with their claims.

 

If you read further than the first page in the above link it explains how to prepare to defend.

 

This is a self help forum.

 

Andy

[Ninja1337]

Slight update, I've got extended an additional 14 days to defend. And today, the solicitors respond to my email which they ignored, this time they are sending me a tomlin order to accept and adding an additional £50 to the cost!

 

I think not, I'm going to prepare to defend this claim.

[dx100uk]

have you told the court the sols have agreed to the extension?

 

 

have you ack'd the claim on MCOL yet?

 

 

dx

[Ninja1337]

Hi,

 

I have sent mcol a scanned copy of the acknowledgement form as I could not register, and they did confirm to me on the phone that I got an extension.

 

So it's the official court extension I got, I've had no dealings with the solicitors.

I think they waited and saw if I were going to respond or they could get an easy default.

 

The solicitors asked me to confirm to them if I agreed to the terms so they knew they could ignore any court hearings.

[dx100uk]

I cant see anyway out of the tomlin order.

 

if you've no dispute that say they've added anything they shouldn't.

 

I'm not legally minded

p'haps andy will comment.

 

I cant see any point in a cca nor a cpr?

 

but I wonder where they stand with the change of name and relationship to any notice of assignment that might be required?

 

not sure

 

 

atleast the tomlin will avoid the ccj happening?

[Ninja1337]

ifi agree to this tomlin order,

it will increase my cost by £500 over the orginal loan of £300,

 

surely I should be able to lower that?

 

The new rules even say that the max someone should owe after a payday loan is twice the amount IE £600 in this case.

 

Now, I don't know how that comes into with court fees etc, was hoping someone here could advice on this.

[dx100uk]

what new rules?

 

 

dx

[Ninja1337]

The FCA price cap

[honeybee13]

Is this what you mean, Ninja?

 

http://www.fca.org.uk/news/fca-confirms-price-cap-rules-for-payday-lenders

 

HB

[honeybee13]

Rule 3.

 

Total cost cap of 100% - Protects borrowers from escalating debts.Borrowers must never have to pay back more in fees and interest than the amount borrowed.

 

HB

[Ninja1337]

Yes, Honeybee.

 

I had some other payday loans being bought up by other companies, and they reduced it to 100% max, and usually gives a certain discount as well. Even the likes of Motormile

[dx100uk]

you're paying motormile?

I question your logic on that one!

[Ninja1337]

Hehe, no I have actually not paid them. They do sent me emails though.

 

But there is one that offered me more or less the amount I actually did take out, with this said 100% cap as well, (SLLCapital) and I'm just working with them at the moment as I already paid in £40 to the original creditor

[Ninja1337]

The MCOL site works now, so I can actually submit my defence there.

 

I did notice something though.. on the particulars of the claim, they say that I entered the contract of £300.00 to be repaid by 01/05/2015 in the sum of £609.50

 

This is ofcourse entirely false, the amount that should have been paid back then was £396.52, according to my contract. So that is another inconsistency of their claim..

[Andyorch]

You have yet to post their particulars of claim...so do not submit a defence yet.

 

Andy

[Ninja1337]

It is as following :

 

 

"The claimant is a loan company which offers short term loans. On 07/03/2014 the parties entered into an agreement whereby the Defendant borrowed the sum of 300.00 to be repaid by 01/05/2014 in the sum of 609.50.

Despite extensive chasing, the Defendant failed to repay their loan in full and interest and costs have incurred.

The Claimant therefore Claims:

1. 300.00 being the amount loaned.

2. 22.00 being interest up to the date of this claim;

3. 87.50 being charges incurred

4. 0.00 being amount paid

5. Further interest of 8% per annum

6. Costs

 

The claimant claims interest under section 69 of the County Cours Act 1984 at the rate of 8% a year from 10/04/2015 to 16/04/2015 on 739.50 and also interet at the same rate up to the date of judgment or earlier payment at a daily rate of 0.16"

[Ninja1337]

Going to post my defence later tonight when I get back home, as the deadline is near

[Ninja1337]

Will post something in a couple of hours to defend, any suggestions before I go ahead?

 

I will contest that the amount intially claimed is wrong, any charges would be unfair and forecable , no notice of assignment, and when asking for more information as instructed by the solicitors, the request was ignored.

[Ninja1337]

Defence sent, so we'll see how they respond..