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Unaffordability Defence

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  • Unaffordability Defence

    Hi, can anyone point me to a template defence (or suggest a wording) relating to insufficient affordability checks taken out by the lender at the start of a payday loan ? I'm attempting to stave off an action concerning a 250 loan which was taken out some years ago, alongside another half dozen payday loans I had at the time. I'm now being sued for around 650 in total.

    Any advice really appreciated, thanks.

    YM
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  • #2
    tagging Debt Camel xx
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    • #3
      Originally posted by Yorkmackem View Post
      can anyone point me to a template defence . . . .

      I'm now being sued for around 650 in total.

      I assume this means you’’ve received a county court claim which will need you to take some steps before you file a Defence.

      Affordability checks may be relevant as part of your Defence but it’s best to plead as many legal arguments as possible in case one fails.

      Di

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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