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Defending A County Court Claim. Irresponsible Lending?

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  • Defending A County Court Claim. Irresponsible Lending?

    Hello.

    I have seen the template but before I fill in the details I’d like to give an overview of my situation and ask if anyone could provide me with their opinion if I would have an argument do defend this claim. I hope this is OK first and really appreciate the time you have taken to read this.

    I have received a County Court Claim from a debt recovery company for an unpaid pay day loan of which I took out around the same time as 8 others during the second half of 2014.

    It started with a Wonga loan which I kept paying back then retaking over six months. It ended up as £1200 owed and then the situation got out of hand and I took out more loans from elsewhere. During this period the stress of it all added up, amongst other things, for me to burn out at work and subsequently lose the job (it was full time at minimum wage) and I was unable to pay back any of the loans.

    Now I had already fallen into the pay day trap two times before around 2011 and again in 2012 with many, large loans being taken out to pay off the previous one. It got to the point where I missed payments and was being chased. I did manage to arrange payment plans with either the lenders or debt recoveries before any further action was taken. Again at these times the stress greatly affected myself and my work for which I saw my GP and had counselling for. I eventually lost this job although it was after the loans had been repaid, and again as part of other issues.

    After the latest bout of loans and losing my job I was very low, I shut myself away for a while and ignored all contact. Again I saw my GP and counselling and then slowly started a new job part time and then full time for the past year.

    This had now happened to me a third time. I’d had enough. I was in two minds. Of course, if I was in a position to comfortably pay back all the loans I would and just leave this all in the past.

    However, I also felt like they were irresponsible lending to me in this way, given my history, and I was vulnerable (I also appreciate they were my own actions and they were foolish, I was out of control). I eventually got on with my life again and if I were to be taken to court I would tell the situation as it was, I had little to lose. If the claim went against me, then so be it. I would just have to accept that and I would have to accept the CCJs.

    My life is practically back to normal now and, although my finances are not great, I don’t have any other issues. But I recently left my last job as I expect to start another one very soon and I am very concerned a CCJ may affect me getting this new job as I will need security clearance.

    And now the court claim has appeared right on cue. As well as a formal letter of notice from a second lender.

    The Wonga loan that started the most recent trap was actually written off (among the time many other peoples were).

    My main concern is I don’t want a CCJ preventing me from getting this job. Given that the situation has started to get serious, would it be better to try negotiate repayment with the companies if I were to avoid CCJs. But is it already too late? Would I be able to have time until I start getting paid?

    My intention was to defend my situation in court if it got there, whatever the outcome. Do I have an argument?

    Thank you if you have taken the time to read this and if anyone could provide me with advice you will be very kind. I appreciate I’ve been selfish and foolish to get into this situation in the first place and to let it get to where it is but here I am.

    Thank you again and I will provide any further information you like.
    Tags: None

  • #2
    Re: Defending A County Court Claim. Irresponsible Lending?

    you need to put the details of the court claim
    esp The Particulars of Claim
    then others can look in details how to help
    what date did is on the court claim? - as you have 33 days from this date to put in defence
    but there are things u can do before then

    http://www.legalbeagles.info/forums/...it-Court-Claim

    1st send of Ack of claim within 14 days this then extends your time to 33 days from date on claim form

    si
    "It is well that the people of the nation do not understand our banking
    and monetary system, for if they did, I believe there would be a revolution
    before tomorrow morning." -Henry Ford

    Fiat currency- the curse of modern money system

    Comment


    • #3
      Re: Defending A County Court Claim. Irresponsible Lending?

      Issue Date: 10/08/14
      Amount approx:
      £400
      Claimant:
      Asset Collection & Investigation Ltd
      Solicitor:
      ?
      Original Creditor:
      Uncle Buck Ltd
      Particulars of Claim:
      Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by Uncle Buck Ltd. The defendant failed to abide by the terms of the contract.
      Asset Collection & Investigation purchased this debt from 1st Stop Recoveries and subsequently sent notice of assignment to the defendant to advise.
      The defendant has failed to respond from the Claimant thus denying the Claimant any oppurtunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion.
      Is the debt Statute Barred? No
      List any letters you have sent:
      None
      Any Other Info:
      They may well have but I can't find or remember receiving a notice of assignment, definatley not by signed post.

      Thanks

      Comment


      • #4
        Re: Defending A County Court Claim. Irresponsible Lending?

        If you have not yet acknowledged this claim with the court, you need to do so pretty sharpish as previously mentioned by [MENTION=46360]time2burn[/MENTION] .
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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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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