Oldish Payday Lender debt, now court claim been issued

[buttercup62]

Good evening all, I have joined this forum to search for info on how I may deal with a claim I have just received.

Like millions of others, I fell victim to the never ending payday loan cycle back in 2017. Stupid I know, I should never have taken out loans but all common sense disappears when you are in a desperate situation.

I was out of work, kept getting knocked back for jobs I was applying for and I had debts piling up including rent arrears for which I had received notification of eviction proceedings from the council.

I had maxed out credit cards and was so worried myself and my family would be homeless so I took out a payday loan, paid that off by taking out one from another lender and so it just spiralled out of control.

In the end it got to the point where I just could not keep up repayments on one of the loans and so it defaulted and interest was added daily and in the end I couldnt cope with it and buried my head.

I have been receiving letters from DCA, then letters and emails etc and now because I have left it too late, they have issued me with a court claim which was received in the last couple of days.

I was hoping that it was SB, but its still on my credit file and I dont think it was 6 years until first part of next year.

I know that I have to acknowledge the claim within 14 days but not sure where I should go from there.

I was thinking of a defence of irresponsible lending?

any help would be much appreciated.

[buttercup62]

Just seen this on the forum so posting as requested:

Received a claim? Yes
Issue Date:13/6/23
Have you Acknowledged the Claim?: not yet
Total Amount Claimed : 1300
Claimant’s Name:Perch Capital (old Myjar account)
Solicitors Firm:TM Legal Services
Original Creditor: Myjar
Original Debt Payday Loan
Particulars of Claim: The claimant claims payment of an overdue balance in the sum of ???? incurred by the Defendant under a MYJAR Ltd, Running Credit, account no. **********. The defendant failed to maintain payments in line with the agreement and the account has now matured. The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

Is the debt Statute Barred No
List any letters you have sent nothing yet
Any Other Information or Background Details: As above post.

[echat11]

Hi BC92

Welcome to LB

a) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary, You need to get your Defence in before that date. Update the thread so help can be provided for your defence.

b) Send the CCA request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...etter-example/

c) Send the CPR 31.14 request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...-of-documents/

d) Send them a Subject Access Request, they have 30 days to provide all the data on the account over a 6 years period, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

When you get the requested documents, you'll need to go through them, look for anomalies.

You want to get your Defence in within 28 days.

[buttercup62]

Thank you ECHAT11 for your help, I will get on to it straight away. May I ask what anomalies I will be looking for?

[echat11]

Thank you ECHAT11 for your help, I will get on to it straight away. May I ask what anomalies I will be looking for?

You say 'irresponsible lending' look for evidence of that, but also is the documents they send, are they compliant with the CCA 1974, has the interest rate been 'varied' etc. Default Notice is it compliant, Letters of Assignment etc.

[buttercup62]

This is the particulars of claim:

The claimant claims payment of an overdue balance in the sum of ???? incurred by the Defendant under a MYJAR Ltd, Running Credit, account no. **********. The defendant failed to maintain payments in line with the agreement and the account has now matured. The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

What should I ask for in the CPR request other that the Agreement and notice of assignment, if anything?

Many thanks for your help.

[echat11]

This is the particulars of claim:

The claimant claims payment of an overdue balance in the sum of ???? incurred by the Defendant under a MYJAR Ltd, Running Credit, account no. **********. The defendant failed to maintain payments in line with the agreement and the account has now matured. The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.

What should I ask for in the CPR request other that the Agreement and notice of assignment, if anything?

Many thanks for your help.

Default Notice, although it's not in their PoC.

[buttercup62]

Thank you ECHAT11. Letters going out this morning recorded delivery and I am also going to email them if I can. Also just to confirm I have acknowledged claim.

[echat11]

Thank you ECHAT11. Letters going out this morning recorded delivery and I am also going to email them if I can. Also just to confirm I have acknowledged claim.

Good.

[buttercup62]

Ok, so I have received what I am guessing is documents in relation to CPR request. They have sent me copies of Default Notice, Loan drawdown and Notice of Assignment.

Nothing as yet in relation to the CCA Req. Defence needs to be in by the end of next week.

What should I be looking for in the docs they have sent me please?

Many thanks

[buttercup62]

Also, I have no idea how I am going to word my defence.

Its not SB, I have checked and I am guessing if they dont supply CCA that could be a defence but as I applied online, are they hoping that the loan drawdown sent is my agreement?

I was thinking irresponsible lending or unfair relationship defence?

To be honest, looking at the documents I think its all rubbish.

[redstar]

From your circumstance des rived this was poor decision lending by My Jar .. the Debt camel web site may be able to help you it is free and ethical .. re advice

[echat11]

Ok, so I have received what I am guessing is documents in relation to CPR request. They have sent me copies of Default Notice, Loan drawdown and Notice of Assignment.

Nothing as yet in relation to the CCA Req. Defence needs to be in by the end of next week.

What should I be looking for in the docs they have sent me please?

Many thanks

Are they compliant, do they contain all the correct information.

[echat11]

Also, I have no idea how I am going to word my defence.

Its not SB, I have checked and I am guessing if they dont supply CCA that could be a defence but as I applied online, are they hoping that the loan drawdown sent is my agreement?

I was thinking irresponsible lending or unfair relationship defence?

To be honest, looking at the documents I think its all rubbish.

This is a standard defence, you can start filling it in, copy and paste it back onto the thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

[buttercup62]

Thank you Redstar, I will take a look.

Echatt11, I have no idea if they are compliant to be honest, I have no knowledge of legalities as such. I will try and explain exactly what they have sent and you can let me know your thoughts.

Doc 1) is basically a letter on MYJAR paper that says it is a notice of default sums given with the provisions of the CCA 1974. It then goes on to say that it is in relation to a running account agreement entered into between me and them on __/__2017 and a specific advance No. ******** and under the terms of the agreement the default sum of £--.-- has become payable by me.

It then goes on to say that the notice doesnt take into account any other default sums that I have already been told about in another default sum notice whether or not they remain unpaid.

Is that a normal Default Notice? something is telling me it isnt but I dont know.

Doc 2) Loan Drawdown Summary. Again on letterheaded paper, it states that it links to my existing Credit Agreement. It then shows a table which shows:
Amount borrowed
Advance No
Original CCA date
Advance date
Interest charge

Then a breakdown of payments/dates
Early payment info
Late Payment info
Tern of advance
Annual interest

It says that repayments will be made from my debit card.

Doc 3) A screenshot type doc from ACI and its as if its from my onlince account with ACI.

It says it is important information about my MYJAR account.

It then goes onto say that Perch Capital are now the legal owners of my account with effect from Feb 2022 and has appointed ACI to manage the account on their behalf.

It then goes on to say that I can repay the balance online by clicking the link and logging in with the login details that they have supplied in the letter also.




Like I said above, I have no idea what I am looking for and to be honest, there is nothing in those letters that proves I had an account with thewm.