CCJ / Payday loan!

neverletmego

Hi all! 
Just writing to see if anyone has had a similar experience or can offer any advise (greatly appreciated!) 
I'll bullet point a timeline to make it easier to follow

• Took out a payday loan in Feb 2012 as a student for £280
• Paid £295 on June 1st 2012 (Not the full amount as a lot of interest had been charged!)
• Found out about a CCJ issued on 11th May 2018 for the amount 485! - Found two months after it was issued by checking my credit file
• The original company PayDay Express was purchased by The Moneyshop who have gone into administration and I've missed my chance to complain by a few months (Emails and details of this was sent to a very old email in my junk box!) 

I've spoken to the company which purchased the debt and they've said if I pay off the £485 and put in a N244 claim form to contest the CCJ, they won't be in a defence so I should in theory be able to set it aside that way.

Any ideas of how likely it is a claim of this nature might be successful without paying £455 to the company? If I do pay the company, might it be the norm that I will be successful by default if there's no defence? Also, I did not receive the letter

I feel a bit off about paying over £400 seeing as I already paid more than the original debt, I was reliant on payday loans at the time, I was a student and it was almost 6 years between the last repayment and the CCJ being filed! 

Any advise appreciated as I'm a little out of my depth here! 

MinuteNoodles

It won't be. And no there's no guarantee of success, a deferral is decided by a county court judge and can be refused even if the creditor puts up no defence as tests like "did you inform the creditor of your change of address" are applied. It is the duty of the administrators who are administering the liquidation of the company to secure as many assets as they can to repay people the company owe.

sourcrates

A set aside by consent will cost you £100 in court fee’s, so £585 in total.
A normal set aside application costs £255.00.
To be successful you need to meet two criteria, a reason why you did not respond to the court paperwork, plus, you need a defence to the claim.

You don’t deny the debt, so do you have a defence ?
Set aside only usually works if you have a reasonable defence, such as it’s not your debt, or the amount claimed is wrong.

A set aside by consent may work though.

neverletmego

Thanks for both of your responses. I did not know that there was a separate form for set aside by consent. That sounds preferable to the normal set aside form, thanks for letting me know, I'll definitely follow that up! 

I don't deny the debt, but speaking as objectively possible, I feel it was a mis-sold loan. I can no longer raise with FOS as Money Shop are under administration. And I'm guessing it's not possible to argue the case to any other court at this stage? 

I'd happily cough up whatever it takes to get this thing off my credit record. Can't even take out a phone contract let alone a mortgage at this stage! 

D3xt3r5L4b

Being “mis-sold” something doesn’t mean you’re exempt from paying it 

SpreadableToast

neverletmego said:

Thanks for both of your responses. I did not know that there was a separate form for set aside by consent. That sounds preferable to the normal set aside form, thanks for letting me know, I'll definitely follow that up! 

I don't deny the debt, but speaking as objectively possible, I feel it was a mis-sold loan. I can no longer raise with FOS as Money Shop are under administration. And I'm guessing it's not possible to argue the case to any other court at this stage? 

I'd happily cough up whatever it takes to get this thing off my credit record. Can't even take out a phone contract let alone a mortgage at this stage! 

Out of curiosity, what makes you think the loan was missold?  Do you perhaps mean it was irresponsible lending?  And if so, why?

neverletmego

SpreadableToast said:

neverletmego said:

Thanks for both of your responses. I did not know that there was a separate form for set aside by consent. That sounds preferable to the normal set aside form, thanks for letting me know, I'll definitely follow that up! 

I don't deny the debt, but speaking as objectively possible, I feel it was a mis-sold loan. I can no longer raise with FOS as Money Shop are under administration. And I'm guessing it's not possible to argue the case to any other court at this stage? 

I'd happily cough up whatever it takes to get this thing off my credit record. Can't even take out a phone contract let alone a mortgage at this stage! 

Out of curiosity, what makes you think the loan was missold?  Do you perhaps mean it was irresponsible lending?  And if so, why?

I was a student at the time with no regular income, no affordability checks were made and had several other payday loans at the time which a credit check should have picked up. I've made 3 complaints about other payday loan companies, all of which have been ruled in my favour by the FOS. 

Perhaps irresponsible lending, yes, excuse my terminology! 

D3xt3r5L4b

neverletmego said:

SpreadableToast said:

neverletmego said:

Thanks for both of your responses. I did not know that there was a separate form for set aside by consent. That sounds preferable to the normal set aside form, thanks for letting me know, I'll definitely follow that up! 

I don't deny the debt, but speaking as objectively possible, I feel it was a mis-sold loan. I can no longer raise with FOS as Money Shop are under administration. And I'm guessing it's not possible to argue the case to any other court at this stage? 

I'd happily cough up whatever it takes to get this thing off my credit record. Can't even take out a phone contract let alone a mortgage at this stage! 

Out of curiosity, what makes you think the loan was missold?  Do you perhaps mean it was irresponsible lending?  And if so, why?

I was a student at the time with no regular income, no affordability checks were made and had several other payday loans at the time which a credit check should have picked up. I've made 3 complaints about other payday loan companies, all of which have been ruled in my favour by the FOS. 

Perhaps irresponsible lending, yes, excuse my terminology! 

Seems more like irresponsible borrowing on your part really.

You made the applications - no one forced your hand to do it

MalMonroe

D3xt3r5L4b said:

Being “mis-sold” something doesn’t mean you’re exempt from paying it 

But there ARE provisions for those who have been mis-sold loans and who have had to pay extortionate interest rates. There's even advice about it from Martin L on this site. 

MalMonroe

D3xt3r5L4b said:

neverletmego said:

SpreadableToast said:

neverletmego said:

Thanks for both of your responses. I did not know that there was a separate form for set aside by consent. That sounds preferable to the normal set aside form, thanks for letting me know, I'll definitely follow that up! 

I don't deny the debt, but speaking as objectively possible, I feel it was a mis-sold loan. I can no longer raise with FOS as Money Shop are under administration. And I'm guessing it's not possible to argue the case to any other court at this stage? 

I'd happily cough up whatever it takes to get this thing off my credit record. Can't even take out a phone contract let alone a mortgage at this stage! 

Out of curiosity, what makes you think the loan was missold?  Do you perhaps mean it was irresponsible lending?  And if so, why?

I was a student at the time with no regular income, no affordability checks were made and had several other payday loans at the time which a credit check should have picked up. I've made 3 complaints about other payday loan companies, all of which have been ruled in my favour by the FOS. 

Perhaps irresponsible lending, yes, excuse my terminology! 

Seems more like irresponsible borrowing on your part really.

You made the applications - no one forced your hand to do it

Must be nice being you. Never put a foot wrong.

D3xt3r5L4b

MalMonroe said:

D3xt3r5L4b said:

Being “mis-sold” something doesn’t mean you’re exempt from paying it 

But there ARE provisions for those who have been mis-sold loans and who have had to pay extortionate interest rates. There's even advice about it from Martin L on this site. 

Applying for something off your own accord isn’t mis-selling.