one very quick question regarding defence in court for payday loan debt

[peterfranks]

My first post, but i am an avid reader of this site and find the advice very thorough and consider this to be a valuable tool for the public in a sector where everything is stacked up against us.

My quick question (I could not find an answer on the forums)

Is not having received (after a cca request) the original default notice and termination of original loan agreement enough to mount a defence? All other documents (original debt agreement, transfer and assignments have been received)

thanks

[Amethyst]

The claimant needs to evidence that a default notice was issued and was compliant - in practice this doesn't mean they have to provide a true copy of the default notice, just the date it was sent and what it said. But if there was no default notice then there is no cause of action and the claim must fail ( helpfully confirmed recently in PRA v Doyle )

Have they pleaded default date or termination in the particulars ?
Do the terms mention ending the agreement - default & termination ?

[peterfranks]

Hi Amethyst

Thanks so much for your reply.

the particulars read:
"The defendant owes the claimant xxx under a regulated loan agreement with lending stream ltd dated xxxx and which was assigned to the claimant on xxxxx and notice of which was given to the defendant on the xxxx (debt)
despite formal demand...blah blah....failed to pay....blah blah claimant further claims interest thereon pursuant to section 69 of cc act 1984...ect"
No default date or termination mentioned in particulars.

Court date is this coming week and i intend to attend if you think my defence as mentioned in above post and outlined in defence statement I sent to court will hold water. Surprised they have pushed it to the wire for such a low initial claim unless they are sure of victory

thanks again

[peterfranks]

ALso, is there any thread in the forums that gives me an idea of what to expect in court? It will be a first for me so I am obviously a bit nervous as to how to approach it all...what I need to say/not say...ect.

thanks

[pt2537]

ALso, is there any thread in the forums that gives me an idea of what to expect in court? It will be a first for me so I am obviously a bit nervous as to how to approach it all...what I need to say/not say...ect.

thanks

Each Court deals with things differently, so its difficult to say how one judge will approach vs the next one

[peterfranks]

SUCCESS!! Case dismissed today after 10 mins in court.

Quite intimidating mind you....judge sitting 10 feet above me behind bench in massive courtroom.

My defence , as confirmed by Amethyst was sound....and in addition the judge did not consider the copy of an email given by solicitors as proof of assignment of debt to claimant. Plus claimant solicitors were not present.

All this possible only because of the help and advice I've seen given on the site. From my initial defence to witness statement. How to go about things, not feel intimidated and remain firm.

I guess the company that thinks that using the name of Sherlock Holmes's nemesis to intimidate defendants forgot that in the books he always loses!!


Thanks again.