Hello my name is ***** ***** I will help you with this.
What was the date of the last payment and what is the date of issue on the Court papers please?
Claim form is received on last Friday dated 30 July 2014.
What date was your last payment?
Lat payment was about five years ago. Exact date not known
Ok - if it was OVER 6 years ago the claim is statue barred
If it was under 6 years ago then the claim is in time.
If you accept you owe the entire or part of the sum then you can send back the admission form
If you part admit the debt then the Claimant will be asked whether they accept that and if they do, Judgment will be entered
If they do not or you dispute the debt then you need to file a defence.
The matter will be set down for a hearing and a Judge will decide whether you owe it
You can ask the Judge to consider any interest and fees and a Judge can award none, some or all
But you need to either admit the claim in full, admit the claim in part or send in your defence
Can I clarify anything for you about this today please?
It seems for £400 out standing for about five years the interst of over £1,000 seems excessive. is there any law governing ionterest charges?
It would be governed by the terms and conditions of your loan and contract.
But a Judge always has discretion whether to allow interest and charges.
Does that help?
in practical terms is it worth defending? or is it worth negotiating?
If you accept you didn't make all the payment, then negotiate.
But either way send something back to the Court, even if it is a part admission
Otherwise you may get Judgment in full entered against you
Does that answer your question for you?
You have rated POOR SERVICE?
What else do you want to know?
Why did you rate poor - how else can I help you?
what you have said is in the papers. nothing new.looks like an advice from CAB.
But that is the legal position - I can't tell you something that is not true.
You can only either admit the debt, partially admit or defend it
You asked if there is anything regarding charges and I said yes.
The Judge can award full interest and charges, partial interest and charges or none of them.
must be a way of defending. i need a lawer who is agressive and find ways out
You took out £1000 and only made 5 or 6 payments - on what basis do you say you do not owe the balance?
Are you saying you did not have capacity?
Did you not understand you had to pay the loan back?
Did you read the terms and conditions?
admit the balance but interst charged is enormous. Over £1,000 interest for £400 out standing for 5 years?
I agree. But the Judge can determine the interest.
Day light roberry comes to mind.
See my response twice above
A Judge can limit interest, allow interest or not allow interest
As per the Civil Procedure Rules Part 3
But as of yet the Government does not limit charges of interest on payday loans
There is talk as you may have seen this on the news, but nothing yet is in law
Therefore it is down to the discretion of a Judge
I would anticipate though if you admit part of the the debt you owe, they are likely to accept
This is because if you dispute £400 and it goes to Court, it would be a small claim
Therefore any legal costs the payday loan incur can't be recovered
So they will probably accept as its a commercial decision
It will cost them more then £400 in legal costs to pursue that
So if you admit what you owe, less interest, they will probably accept
But I would talk to them - see if you can come to a settlement
Does that clarify the position for you?
ok. Please explain the wording on the papers - The claimant claims claims payment of the overdue balance due from the Defendent(s) under a contract between the Defendent(s) and every day loans dated on or about 25/10/2007 and assigned to the claimant on 31.03.2010 in the sum of £1490.63.
Did you make payments weekly or monthly?
Does this mean it is over six years now? the payments were monthly
Are you still there?
payments were monthly
So you paid over 6 months then stopped?
i think that is what happened.
You need to be sure
If that it IS what happened you are ok
The claim is time limited as per the Limitation Act 1980 and therefore out of time
As long as you do not admit the debt then its time barred
If it is NOT what happened then you owe the debt and potentially face a claim
Therefore you need to check your records and ask them for a statement of account
If your last payment was OVER 6 years - its time barred
Does that clarify?
Thank you. I am happy to now. What do I say on the claim form. there is nothing to tick "time barred".
No - defend the claim and say: The claim is statue barred as per the Limitation Act 1980
If this answers your question can I invite you to re-rate my answer.
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All the best