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Hi, I have received a court claim from a payday loan. I think they have missold the loan to me. Even though they have asked for a couple of payslips but failed to acknowledge that I worked for agency on a zero hours contract. I have lost my job soon after taking out the loan. Also, they claim that the account was placed into default but I haven’t received any default notices, only notice of arrears email. I will upload some pictures. I wanted to base my defence on two points - missold the payday loan of £400 and no default notice received. I have read that the company can’t have a claim without serving a default notice. Am I right?
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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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