Final Notice Before Legal Action

[Amethyst]

Re: Final Notice Before Legal Action

Oh btw how much is the court claim for ?

What date did you take the loan ? (doesnt seem to be a date on the agreement)



Just noticed in precontractual it says payment to be made 1 to 42 days after loan, and in agreement it says 1 to 30 days after loan.

AGREEMENT

Each time you borrow from us, you must make one repayment, which is to be made 1 to 30 days after the day on which you receive the loan from us

PRE CONTRACTUAL

Repayment Arrangements
Each time you borrow from us, you must make one repayment, which is to be made 1 to
42 days after the day on which you receive the loan from us.

[Delboy01]

Re: Final Notice Before Legal Action

The 150 offer was made back in beginning of October. After receiving the above decline of our offer we email them back and asked them to reconsider the offer, after that they havnt responded to our emails if very little up to now.
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Court claim is 411.50 how they come to that figure is anyones guess. Am I legally entitled to demand a breakdown of the claim so I can sort the defence out??
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The loan was taken out end of August.

[Delboy01]

Re: Final Notice Before Legal Action

Ame, on the acknowledgement form do I tick I intend to dispute part of the claim??

[Amethyst]

Re: Final Notice Before Legal Action

Yes. Just trying to work out what you reasonably owe.

According to the agreement (and not knowing if you paid advance fee/text fee etc have ignored those for now)

£100 Loan taken 20th August
£130 Payable 20th Sept
Charge 1 £25 on 21st Sept
Charge 2 £55 on 23rd Sept
1st Oct due amount inc chargesand interest - £220 ish
so the offer would have been under - but if you take off the charges which you can argue are penal would have been about right for the £150 offer.

So I think you admit the capital and interest to the date of the claim (10th Jan?) ( going on loan taken 20th August as I still dont know exact date)

so £100 plus £1 a day from 20th August to 10th Jan about £220 (I'm pants at Maths btw but its around that)

defend the penalties of £25 and £55 as common law penalties and disproportionate.

Defend the £100 ''collection fee' as disproportionate and unecessary as you trie dto pay what you owed and they refused. Also you took the loan out of the 1-42 days as detailed in the pre contractual information so the charges were added early etc.

and state you have no idea what the rest of the claim is made up of as they have not given you a breakdown.

The claim was 411.50 thats a massive jump so I presume they add interest to the charges (tho it doesnt state that in the contract) or charge you further late payment charges after the 3rd day £55 charge ?

SO I think basically admit around £220 and defend everything else.

(I'll see if someone else fancies a go at the maths)

[Amethyst]

Re: Final Notice Before Legal Action

Tick intend to defend in full on the acknowledgement

it isnt binding so you can switch to defend part.admit part later.

[Delboy01]

Re: Final Notice Before Legal Action

I can get you a solid date of loan if it helps.

Thankyou so much by the way

[Delboy01]

Re: Final Notice Before Legal Action

It was the 16th August Ame

16 Aug - 10Jan = 147 days @ 1Pound per day = 147 Pounds plus 100 Pounds original loan = 247 Pounds.

[Amethyst]

Re: Final Notice Before Legal Action

Cool thanks (maths is one of my worst failings).

I'd go with a defence on all but the borrowed £100 as they have not broken down the amounts and leave the court to decide what over and above the £100 you should pay. Adding that you have offered to pay numerous times and including copies of emails etc will help, outline concerns over the charges and the strange difference in the period of the loan being 42 days in the precontractual info and 30 days in the agreement, include your income and expenditure sheet to enable the court to assess an installment order if they find against you. I'd just be entirely honest with the court and avoid being overly legal in the defence.

You want to have a go at drafting something up and we can work on it over next few days?

[Delboy01]

Re: Final Notice Before Legal Action

Sure, I will give it a go tomorrow. May have some questions before that if thats ok??


I so do appreciate your help Ame

Take Care

[Amethyst]

Re: Final Notice Before Legal Action

Ask anything you like, can only try my best to help you x

[Delboy01]

Re: Final Notice Before Legal Action

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.

EDIT I now have a draft defence set up on word. Is it advisable to post it on here??

[Delboy01]

Re: Final Notice Before Legal Action

Interesting that when you get their website it asks you whether you would like to translate to English from Estonian and I think their servers are outside the uk too. could it be an Estonian company??

[Delboy01]

Re: Final Notice Before Legal Action

Cough!!! Bump.

[Amethyst]

Re: Final Notice Before Legal Action

Hey xxx Sorry for late response have been a bit tied up elsewhere. Will have a look through and answer this afternoon/eve after school runs out the way x Ame xx

Ps. Yes, pm me the draft defence then you can leave the details in and I can edit it and take them out before posting on here.

[Delboy01]

Re: Final Notice Before Legal Action

Cool thanks for your time. I have sent the Defence to the admin email address. There will be 2 cos I have added a little bit to the second email.

Cheers

Steve