Final Notice Before Legal Action

[Amethyst]

Re: Final Notice Before Legal Action

Got it Will have a look through now.

[Amethyst]

Re: Final Notice Before Legal Action

An excellent start on the defence, I'll reorganise a little bit as you have repeated yourself and its a bit hard to follow but all the facts seem to be in there. Get back to you in the morning

Can you confirm for me when exactly you received the credit agreement(after you had applied for and received the money or before) and whether the loan was taken out via text message.?

[Delboy01]

Re: Final Notice Before Legal Action

Can you confirm for me when exactly you received the credit agreement(after you had applied for and received the money or before)Can I come back to you on that and whether the loan was taken out via text message.?The loan was taken online via their website. My OH thinks?? a verification code was sent to her mobile to enter online, its a bit hazy tonight she will try to clear it up tomorrow and check emails

Cheers for your help so much

[Delboy01]

Re: Final Notice Before Legal Action

Can I ask whether OH shouldve received a Default Notice for this summons??

EDIT can I repost this post from earlier cos it may help me later

"From the above

9. If you fail to make any payment by the due date, we may, after serving any default notice required
by law and after the period for remedying any default has passed, end this Agreement. In such
cases, you must pay any balance of the amount you owe us under this Agreement.

As far as I am aware, I shall check with OH we havnt had a Default notice yet is this relevant??

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Also am I allowed to request by email, a full breakdown of amount claimed to assist my defence??


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Also I am struggling with interest rates
"*APR: 2689% pa
*APR is the total cost of the credit to you including all interest, fees and charges, expressed as an
annual percentage of the amount of credit granted."

"Rate of interest on the Credit to be provided
under this Agreement: 365%"

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This is the email reply we received after offering 150 pound settlement

"Please read the loan agreement you accepted when taking loan from us. Thank you.

Principal: £100
interest to date: £57,50
First late payment charge: £25 (added 1 day after due date)
Second later payment charge: £55 (added 3 days after due date)
debt collection charge: -£100 (added 30th of days afte due date)
Total balance today: £237,50

We are not able to accept the settlement offer you made however if you make the payment today then we'll remove manual debt recovery charge £100. The settlement balance would be £237,5. This is last offer from us otherwise we'll forward your case to our lega team. Thank you!

The charges have been added to the loan balance according to the Loan agreement."

I need to check the 57.50 interest with the date of the email.

[Delboy01]

Re: Final Notice Before Legal Action

Yes I am up at 5 oclock in the morning, OH snoring and me worrying about her court case.
What are my worries??
OH sent the AOS last Friday first class post have they got it?? Rang the court to find out. The switchboard said "write to them" I said "cant I telephone them or email them??" "No, and they can take up to 10 days to proccess"and something along the lines of " well you had better get your papers in straight away"
Today is 2 weeks from the date on the court papers. IF the court hasnt got my OHs AOS, what happens today?? Am I allowed to fax the court something today to indicate the AOS was sent a week ago ???? (she doesnt have proof of posting) Does a court give judgement today on the case with no papers from me today, or will a date be set for a court appearance.
I read something about date of receipt being 2 business days after the date of issue of the court papers. Does that give us til Tuesday to get everything in to the court in Brentford??

As I am defending part of the claim do I fill in both N9a and N9B??
All I have is the figure they are claiming with no evidence as to how they reach that figure, so how can I dispute the sum if I do not know how they get to this amount. As I posted previously Can I request a breakdown of the sum claimed from MiniCredit TODAY??
Do we make a reasonable offer of payment today.


Yes this is me in panic mode. Would be grateful for advice on my panic questions today to stop me worrying. Ame is being a great help to me on this but is very busy, so if someone can help me cross off a few worries I would be eternally grateful.

[Amethyst]

Re: Final Notice Before Legal Action

Calmmmmmmm All is fine. Remember the worst they can do is get a CCJ and an installment order for affordable monthly payments.

Court staff are a little bit pants and they are often a week or two behind on the paperwork.
As you are at a county court and not at northampton bulk processing centre it will be dealt with manually so theres no auto default judgement setting like there seems to be at northampton.

We'll have the defence done and in for Monday (assuming you can post this after/tmw morn) so not a problem even if the AOS hasnt arrived.

DATES - date deemed served is 4 days after the date of claim, then 14 days for aos then 14 for defence.

Yes you can ask Minicredit for a full breakdown, whether they reply or not is a another matter. You can offer your £150 again if you like, but no more as you are arguing thats what was owed when you offered it originally and everything added since is ballhooks.

Interest rate - the basic interest rate is 365% (the £1 per day per £100 borrowed)

the APR is 2689% as that has to include the advance fee, the text message fee, charges and interest - its the comparable cost of borrowing (pretty dire).

Yes check that you had a default notice. should have given you 14 days - but to me it sounds like the account is still running and not terminated so they may claim they are claiming arrears (as they deal with it as a runnig credit account thus the further advances part) in which case a DN wouldnt be needed, just the notification of the legal action.

Funnily enough I watched Hustle last night and it was about one of these horrible companies 'DOSH4YOU' and they screwed the owner over and saved a guy from eviction. Nice. You should watch it

[Delboy01]

Re: Final Notice Before Legal Action

Thanks Ame,been a tough night, you prompt reply has now chilled me, I mean its not like its me being taken to court . Just wanna do my best.

I need three copies of everything right? letters, emails, bank statements. Do I send all copies to the court or 1 to court 1 to claimant and keep one myself??

PS will PM you something as a bit of background info.


Many thanks once again for your valuable time.

[enaid]

Re: Final Notice Before Legal Action

Hello Delboy,
Ame has just took the kids to school and when she gets back she will give you all the help you need with this. I am sure you want to do your best and yes you may need some extra ink lol.
Take deep breaths, have a brew and it'll all be over afore you know it.
Enaid x

[Delboy01]

Re: Final Notice Before Legal Action

Hello Delboy,
Ame has just took the kids to school and when she gets back she will give you all the help you need with this. I am sure you want to do your best and yes you may need some extra ink lol.
Take deep breaths, have a brew and it'll all be over afore you know it.
Enaid x

Thanks Enaid I have to go out for a while soon myself.

[Amethyst]

Re: Final Notice Before Legal Action

Yes Amethyst We did start making payments towards the debt but reduced this to 1 pound for the last 2 months because we had no replies regarding the balance,

Read more at: Final Notice Before Legal Action - Page 2 - Legal Beagles Consumer Forum

Can you list all the payments made pls with dates since the start of the loan.

Also can you type out the POC (particulars of claim) (I thought u already had but cant find it)

[Delboy01]

Re: Final Notice Before Legal Action

Can you list all the payments made pls with dates since the start of the loan.

Also can you type out the POC (particulars of claim) (I thought u already had but cant find it)
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OH sorting out payments made as we speak will let you have them in a short while.

POC " The Claimants claim is for 411.50 due to the Claimant from the Defendant in respect of monies due and owing."

"The Claimant further claims interest at the rate of 8 percent pa under section 69 of the CC Act 1984 on the said sum calculated at 7.29 pounds."

"And the Claimant further claims interest under the above act at the rate of 9 pence per day from the date of issue of the claim until judgement or earlier payment"

"Claimants claim 411.50."

[Amethyst]

Re: Final Notice Before Legal Action

That POc is absolute pants. Will pm you another bit to add to the defence shortly.

[Delboy01]

Re: Final Notice Before Legal Action

OK with Ames help I now have my Defence almost sorted, all emails and letters received. I am now filling in forms N9a and N9b. I presume I have to fill in both???

[Delboy01]

Re: Final Notice Before Legal Action

Hi Ame, I have emailed admin the latest Defence which if I may say looks the nuts. (its not too much is it??)there are a few questions in that email which I hope you can answer before mid-day tomorrow.

Hope to post it tomorrow with proof of posting.

Thanks so much

[Delboy01]

Re: Final Notice Before Legal Action

Can someone confirm that I only send this to the Haywards Heath address urgently??