wonga/portfolio ccj

[turtleautos]

Hi folks

hope you are able to help stupidly i took out a pdl with wonga in 2011 for £607 plus interest =£787 was due to be paid on 19th jan 2012, various things happened eg loosing job etc, my own fault i failed to contact them.

Now this week end what drops through the door CCJ claim form for £1560.53

claiment portfolio recovery associates
docs address hl solicitors

i know i will have to pay it back but my question is on the claim form they state

they got assigned the debt on 18/09/2013

the claiment seeks interest pursuant to 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.31

what would the interest total on it and would the court cancel the interst???

thanks in advance

im stupid i know

[ncf355]

Re: wonga/portfolio ccj

You'll find people are not quick to judge here, you obviously just got into a bad situation

Have you acknowledged the claim with an intention to Defend?

Have you received a Default notice prior to the claim form?

Have you received any other contact from them prior to the court claim?

[turtleautos]

Re: wonga/portfolio ccj

You'll find people are not quick to judge here, you obviously just got into a bad situation

Have you acknowledged the claim with an intention to Defend?

Have you received a Default notice prior to the claim form?

Have you received any other contact from them prior to the court claim?

hi and thanks for the reply

i was stupid and stuck me head in the sand so any letters they sent were just ignored and filed under 81n, i have not acknowledged the claim with an intention to Defend yet as i was unsure what to do as most of the places i have looked on line say that wonga dont go down the court route, and in unsure how much this daily 0.31 means

any advise is much welcome, i have all the origanal contract etc saved as an email

thanks

[ncf355]

Re: wonga/portfolio ccj

Hi,

What is the date on the claim form?

You need to acknowledge the claim online, stating an intention to Defend - details with password should be included in the response pack

If you acknowledge this gives you a total of 33 days (28+5 for service) to respond to the claim

When you say about will a court remove the interest, what element of the interest are you referring to?

The extra interest they are requesting under Section 69 of the County Courts Act (31p a day) is likely to be legitimate in the courts eyes, so long as your agreement with Wonga allows for this

The Default notice is important, as if they havent served this on you, they cant start a court claim

It would have something like

"DEFAULT NOTICE SERVED UNDER SECTION 87/88 OF THE CONSUMER CREDIT ACT"

Written on it.

[ncf355]

Re: wonga/portfolio ccj

The point is, if you acknowledge stating an intention to Defend you can at least give yourself some breathing room.

If we get so far down the road trying to sort this (by making requests for documentation they should have in place prior to issuing a claim, but most fail to have) and don't make progress, you still have the option of trying to reach an agreement with them prior to any court hearing.

[ncf355]

Re: wonga/portfolio ccj

This thread HERE is a must read for you - it walks you through the steps you need to take

Probably the most important of these is the CCA request - if you make this formal request and they fail to provide the required docs within 12 working days, they cant enforce (via court) until they come up with the paperwork.

[FlamingParrot]

Re: wonga/portfolio ccj

This thread HERE is a must read for you - it walks you through the steps you need to take

Probably the most important of these is the CCA request - if you make this formal request and they fail to provide the required docs within 12 working days, they cant enforce (via court) until they come up with the paperwork.

Not sure whether this will be much help for a Wonga loan since they would have ticked the box agreeing to their T&Cs when they applied for the loan online, and that would be as good as a signature.

[ncf355]

Re: wonga/portfolio ccj

Fair comment FP, but they'd still need to provide the details in the exact manner prescribed by the act

The S87 Default notice they'd also need to show, particularly if OP makes a positive assertion that he/she DID NOT receive it

[ncf355]

Re: wonga/portfolio ccj

Turtle, S87 for you reference:


_____________________________


87Need for default notice.

(1)

Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)

to terminate the agreement, or

(b)

to demand earlier payment of any sum, or

(c)

to recover possession of any goods or land, or

(d)

to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)

to enforce any security.

(2)

Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3)

The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4)

Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

[F1(5)

Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).]

[turtleautos]

Re: wonga/portfolio ccj

hi thanks for all the replies
the date on the claim form is 14 may 2014
so i do the acknowledgment of service part which part do i tick
1 i intend to defend all of this claim
2 i intend to defend part of this claim
3 i intend to contest jurisdiction

im not denying i owe them but just not over double the origanal amount

then i send for the cpr and the cca

i cannot honestly remember seeing a default notice as you have stated

also if it is found in the creditors favor will i still be able to apply to pay via instalments????

thanks in advance folks

[FlamingParrot]

Re: wonga/portfolio ccj

hi thanks for all the replies
the date on the claim form is 14 may 2014
so i do the acknowledgment of service part which part do i tick
1 i intend to defend all of this claim
2 i intend to defend part of this claim
3 i intend to contest jurisdiction

That part, the one that says you intend to defend in full. :thumb:

im not denying i owe them but just not over double the origanal amount

then i send for the cpr and the cca

i cannot honestly remember seeing a default notice as you have stated

also if it is found in the creditors favor will i still be able to apply to pay via instalments????

Yes, you can only pay what you can afford. You'll need to get together a budget sheet to show how much you can afford to pay every month, but we're getting ahead of ourselves.

[turtleautos]

Re: wonga/portfolio ccj

hi just done that on line thanks, do i now send the cpr and cca off ???

cheers

[FlamingParrot]

Re: wonga/portfolio ccj

hi just done that on line thanks, do i now send the cpr and cca off ???

cheers

Yes! Send them recorded delivery. :thumb:

[turtleautos]

Re: wonga/portfolio ccj

thanks folks all printed off tonight ready to send in the morning,

just noticed they cant even spell my first name correctly or my address lol

cheers folk will let you know what happens next

[jon1965]

Re: wonga/portfolio ccj

Hi
This is one of the problems with certain sites on the internet. While it may be true that wonga do not take court action if they decide to sell the debt then the new owners can and possibly will.
I am not sure how to phrase it but from what I hear a lot of the successful defences have been made on the basis of unfair relationships and the interest rates .

It is possible that once they know you are defending and have asked for info they may back off