next step advice needed

[Dqueen]

Hi

Please bear with me. I took out a payday loan for 250 with Safeloans in about 8 or 9 months ago. I made the first payment and then due to job losses and lack of regular income I could not payments. However I made payments every now and again when I had money. We set up a repayment plan but due to job loss I contacted them to say I am unable to commit to it. I contacted them to let them know I was on benefits and was asked to supply proof then they would hold legal action. I did then a month later I received an email saying that they had no contact with me so were filing a county court claim. A few days later I filed the defence about 3 days after. About two days after they sent me a final offer before judgement email saying "we are at the last stage before we seek to obtain "Judgment" against you. We will notify the Court within the next 7 days that you have not paid the debt owing and thus a Judgment in default (CCJ) will be requested in due course." offering repayment options. I then emailed them to ask for a breakdown of charges. They sent me it the next day which I havent responded to yet.

Today I received the following from the courts dated 14 Jan 2013

Dear Madam

RE: case number safe loans v me

With reference to your claim response, I would like to advise that it has been classified as "full admission".

The court will classify a defendant response as a full admission in any of the following circumstances:

-The amount claimed plus the court fee has been paid in full on or after the date of issue
-Part of the claim has been admitted and no defence provided for the remainder
-Part of the claim has been paid on or after the date of issue and no defence has been provided for the remainder
-The defence form has been completed, but no response given for disputing the claim (this was in bold so think this applies to me)

Please note that if the claimant has not received full payment, they may proceed to enter judgement for the outstanding balance.

If you require any further information please contact our helpdesk on the number above. Alternatively you can email us at ccbcdefendants@hmcts.gsi.gov.uk; please ensure that you state the above case number in the subject heading of your email.

You may also find it useful to visit the frequently asked question (FAQ's) section of our website. To locate this page you should go to www.justice.gov.uk and search for CCBC

Yours faithfully

There is a siganture

Mr Nick thornhill
CCBC/mcol correspondence section

It has the logo and the address and I tried the number which me think that my defence is being struck out. I checked the status of my case online and this letter has not been recorded on there and there os not an option as to what I should do next. I will give them a call tomorrow but I am really worried about this and could use some advice as to how to proceed

Thanks

[labman]

Re: next step advice needed

Speak to the court, but worst case scenario, you should be able to apply to have it set aside if they succeed in getting a default judgment. You absolutely must defend a case regarding a PDL.

[FlamingParrot]

Re: next step advice needed

The court will classify a defendant response as a full admission in any of the following circumstances:

-The amount claimed plus the court fee has been paid in full on or after the date of issue
-Part of the claim has been admitted and no defence provided for the remainder
-Part of the claim has been paid on or after the date of issue and no defence has been provided for the remainder
-The defence form has been completed, but no response given for disputing the claim (this was in bold so think this applies to me)

Please note that if the claimant has not received full payment, they may proceed to enter judgement for the outstanding balance.

What arguments did you use in your defence? Sounds like you may have left this blank!

As labman said above, a PDL claim should be defended, they usually add ridiculous charges to the original amount so there should be grounds for dispute. Bear in mind that if you don't dispute the WHOLE amount you will get a CCJ anyway! Having said that, a CCJ can be struck off if paid within 28 days.