Need to appeal a County Court decision

[kaput]

Re: Need to appeal a County Court decision

Hi,

I've been unwell again hence the slow reply. I'll post up a copy of the contract tomorrow once I've scanned it in and removed my personal details.

Medical evidence from my GP is on its way.

In answer to the above, I did receive a default notice, and it was compliant. I've been unable to get an explanation of those fees from Safeloans.

They're now giving me 7 days notice before applying for an Attachment of Earnings. They've sent me a copy of N337 and it has my former employer's address on it. They were informed in June that I lost my job.

I started a new job in August.

What do I do? Can the Attachment of Earnings Request be valid when they're knowingly involving the wrong employer?

[kaput]

Re: Need to appeal a County Court decision

Hi,

Here's my original loan agreement with Safeloans, their claim, and the medical certificate from my GP.

I'm still unsure which is the best route to go down: set aside or variation?

Reasons I would/could use to set aside (in no particular order):

1. My counterclaim was not heard. Do you guys think it has any merit? I have documentary evidence of harassment at my workplace, which I feel was completely unnecessary as I was in very regular email contact.
2. The Judgement does not reflect payments already made to the claimant.
3. The Claimant's claim in respect of fees and charges is extremely vague and they have refused to clarify the purpose of these.
4. The Claimant was eventually (after months of negotiation!) willing to settle for £258 (capital + one month's interest). I have written confirmation.
5. I was too ill to attend court and sought an adjournment. Even though I did not pay a fee due to not knowing one was due, the Court promised a Judge would see my application. By the Court's own written admission, this did not happen. In my view, a fair Judge, would, in the absence of both parties, but with one party declaring themselves medically unfit, would adjourn until such time as both parties could attend. But because the Judge never saw my application, he would have naturally assumed i couldn't be bothered to turn up and defend, so entered Judgment against me. It would be in the interests of justice for my to give my defence.
6. The Claimant promised (in writing) to to stop proceedings after they received my first payment in an agreed arrangement. Payment was made but they did not stop. The Court has confirmed in writing that they did not notify them to stop proceedings.

[wales01man]

Re: Need to appeal a County Court decision

Just read the agreement,not a fan or user of these Payday lenders but I have to say to a mere idiot like me it sets out the terms of the transaction and repayments and charges very clearly.
Not wishing to make a judgement but I think anyone who takes out a loan should read and understand the terms.
In this case its now down to a judge to decide on charges Etc hoping that it works out for the OP.

[kaput]

Re: Need to appeal a County Court decision

It doesn't set out the charges very clearly at all. Let's ignore the fact that I attempted early repayment but couldn't because their site wasn't working (by their own admission). Let's ignore the fact their piss-poor customer service let this whole situation happen. Let's look at this:

4.8: ...We freeze interest on day 60 after drawdown...
4.9: If you borrow £200 and fail to repay, on day 60 after drawdown you will owe us £484.

Yet they claimed £546.50? How can somebody read and understand the terms when the terms are clearly disregarded by those who wrote them?

Not to mention there is an implied term of acting fairly in every contract. Just because the charges are in there doesn't make them fair or legal. They exist purely for Safeloans' own enrichment and could not possibly be a fair representation of the costs they've incurred. You know something fishy is going on when they won't even explain the charges on my statement. In fact, in one email they went so far to imply that £150 of these were actually for legal costs, but they soon dropped that reasoning when I pointed out that they did not claim legal costs and these were not awarded in the Judgement.

[wales01man]

Re: Need to appeal a County Court decision

Have to say whether the charges are fair or reasonable doesn't stop people taking out the loans.
Still hope you win but it wont get the payday companies to stop ripping people off that will take some doing.