Western Circle T/A Cashfloat Loans

[Amethyst]

Re: Western Circle T/A Cashfloat Loans

Can you check your emails to see if you received any copy of terms/agreement by email, or any default notice etc.

Also could you type out a few of the texts so I have an idea of their content.

Overall - how are your finances ?( that sounds nosey but PDL's have to check affordability etc before lending - so if you are on jobseekers and your credit file is a state it's unlikely they should have leant to you at all )

Do you have other PDL's taken out previous to this one?

Was £500 transferred to your bank account which you had the benefit of ?

CLAIM NO: XXXXXX

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE


B E T W E E N:-



WESTERN CIRCLE t/as CASHFLOAT LOANS
Claimant


MRCRAIG
Defendant

____________________________________________
DEFENCE
____________________________________________


1.The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim.
2.The claim is for repayment of a short-term fixed sum loan, commonly known as a ‘payday loan’ regulated by the Consumer Credit Act 1974.
3.The Defendant does not admit and requires the Claimant to prove that he entered into the agreement set out in the Particulars of Claim.
4.If, which is not admitted, he entered into the said agreement, it was not a properly executed agreement in that contrary to section 63(2) of the Act, a copy of the executed agreement was not sent to the Defendant;
5.The Defendant denies that he was in breach of the said agreement either as alleged in the Particulars of Claim or at all.
6.The Defendant has made a formal request in writing to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 (CCA 1974) for a copy of the agreement. He enclosed the statutory fee of £1. The Claimant has not responded to this request.
7.In the premises, the purported agreement is not enforceable by the Claimant against the Defendant.
8.The Claimant has failed to follow any pre-action protocol before bringing this claim.
9.The Defendant has been subjected to a number of texts over the past X months which has been intimidatory and harassing in nature. The 10.Defendant has no received any documents or letters by email or by post.
11.The Creditor has not sent to the Defendant a Default Notice in accordance with Section 87(1) of the CCA 1974.

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

My defence reads as is this ok to send?
CLAIM NO: CXXXXXXX

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE

B E T W E E N:-

WESTERN CIRCLE t/as CASHFLOAT LOANS
Claimant


MRCraig
Defendant

____________________________________________
DEFENCE
____________________________________________


1.The Defendant denies that he is liable to the Claimant as
alleged in the Particulars of Claim.
2.The claim is for repayment of a short-term fixed sum loan,
commonly known as a ‘payday loan’ regulated by the Consumer Credit
Act 1974.
3.The Defendant does not admit and requires the Claimant to prove
that he entered into the agreement set out in the Particulars of
Claim.
4.If, which is not admitted, he entered into the said agreement,
it was not a properly executed agreement in that contrary to
section 63(2) of the Act, a copy of the executed agreement was not
sent to the Defendant;
5.The Defendant denies that he was in breach of the said agreement
either as alleged in the Particulars of Claim or at all.
6.The Defendant has made a formal request in writing to the
Claimant pursuant to section 78 of the Consumer Credit Act 1974
(CCA 1974) for a copy of the agreement and enclosed the statutory
fee of £1. This was sent on 2 separate occasions. The Claimant has
not responded to either request.
7.In the premises, the purported agreement is not enforceable by
the Claimant against the Defendant.
8.The Claimant has failed to follow any pre-action protocol before
bringing this claim.
9.The Defendant has been subjected to a number of texts over the
past 3 months which have been intimidating and harassing in
nature.
10.The Defendant has not received any documents or letters by
email or by post.
11.The Creditor has not sent to the Defendant a Default Notice in
accordance with Section 87(1) of the CCA 1974.

- - - Updated - - -

Can I also add that the balance on my credit report is £0?

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

Is this ok?

My defence reads as is this ok to send?
CLAIM NO: CXXXXXXX

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE

B E T W E E N:-

WESTERN CIRCLE t/as CASHFLOAT LOANS
Claimant


MRCraig
Defendant

____________________________________________
DEFENCE
____________________________________________


1.The Defendant denies that he is liable to the Claimant as
alleged in the Particulars of Claim.
2.The claim is for repayment of a short-term fixed sum loan,
commonly known as a ‘payday loan’ regulated by the Consumer Credit
Act 1974.
3.The Defendant does not admit and requires the Claimant to prove
that he entered into the agreement set out in the Particulars of
Claim.
4.If, which is not admitted, he entered into the said agreement,
it was not a properly executed agreement in that contrary to
section 63(2) of the Act, a copy of the executed agreement was not
sent to the Defendant;
5.The Defendant denies that he was in breach of the said agreement
either as alleged in the Particulars of Claim or at all.
6.The Defendant has made a formal request in writing to the
Claimant pursuant to section 78 of the Consumer Credit Act 1974
(CCA 1974) for a copy of the agreement and enclosed the statutory
fee of £1. This was sent on 2 separate occasions. The Claimant has
not responded to either request.
7.In the premises, the purported agreement is not enforceable by
the Claimant against the Defendant.
8.The Claimant has failed to follow any pre-action protocol before
bringing this claim.
9.The Defendant has been subjected to a number of texts over the
past 3 months which have been intimidating and harassing in
nature.
10.The Defendant has not received any documents or letters by
email or by post.
11.The Creditor has not sent to the Defendant a Default Notice in
accordance with Section 87(1) of the CCA 1974.

- - - Updated - - -

Can I also add that the balance on my credit report is £0?

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

Appreciate your help, just need to get this sent

Is this ok?

[Kati]

Re: Western Circle T/A Cashfloat Loans

:bump: for [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Western Circle T/A Cashfloat Loans

:bump: for @Amethyst @nemesis45 xx

Hello [MENTION=49370]Kati[/MENTION] reading now nemxx

[nemesis45]

Re: Western Circle T/A Cashfloat Loans

[QUOTE=mrcraig;625311]Is this ok?

The credit file entry may indicate that the claimant has ceased reporting the debt but this usually indicates that a debt has been sold, does the entry show " satisfied".

IMO para 5 leaves you open to a question from a judge i.e. did you receive the funds/ loan?

It's a long time since I dealt with any PDL CC claims, but I seem to recall that sect.87 default notices are no applicable to thus type of short term loan. I'm sure some one will correct me I'm wrong.

There is also no " pre action protocol" relevant. so I would leave out para 10.

Other wise fine, don't forget your statement of truth. Double space between paras.

nem

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

[QUOTE=nemesis45;625626]

Is this ok?

The credit file entry may indicate that the claimant has ceased reporting the debt but this usually indicates that a debt has been sold, does the entry show " satisfied".

IMO para 5 leaves you open to a question from a judge i.e. did you receive the funds/ loan?

It's a long time since I dealt with any PDL CC claims, but I seem to recall that sect.87 default notices are no applicable to thus type of short term loan. I'm sure some one will correct me I'm wrong.

There is also no " pre action protocol" relevant. so I would leave out para 10.

Other wise fine, don't forget your statement of truth. Double space between paras.

nem

Statement if truth?

[nemesis45]

Re: Western Circle T/A Cashfloat Loans

[QUOTE=mrcraig;625688]

Statement if truth?

Statement of Truth at the bottom of your defence.

The statements above are true to the best of my knowledge and belief.

Signed............................................ ......................... Dated........................................: Defendant

[Noah]

Re: Western Circle T/A Cashfloat Loans

If you are replying via MCOL my understanding is that the statement of truth is not needed

Clearly if you are doing it by post it is

[Amethyst]

Re: Western Circle T/A Cashfloat Loans

Indeed. It is on the form already when using MCOL so you sign it when you submit.

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

Hi all

received a Directions Questionnaire today - what does this mean - will it go to court?

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

BUMP please

Hi all

received a Directions Questionnaire today - what does this mean - will it go to court?

[mrcraig]

Re: Western Circle T/A Cashfloat Loans

BUMP please

BUMP please

[Noah]

Re: Western Circle T/A Cashfloat Loans

What is it you want to know

Without reading back
Tick yes to mediation

If you have any questions you are not sure about just type them in