I have a bit of a challenge with Spring Finance AKA Spring Personal Loans.
They "gave" a loan of £11,800 secured on my house in 2007. My sister was very ill with a brain tumour then she died so I did not pay this enough attention at the time. They got a court order for the debt. 18 months ago. I have been paying £300 per month. So far I have paid them over £20,000 which includes vast amounts of legal costs and charges. Then in July 2014 they sent me a letter saying I now owe them an ADDITIONAL £20,000 but they would discount it to £15,000 as a good will gesture and that I could continue to pay at £300!!! They sent me a document to sign which I have not signed. It seems they are trying to get me into a NEW contract for this additional amount. I was SHOCKED!! I sent a SAR. They sent me documents. I have sent them requests for proof that I owe this money. All they have sent are statements. I DO NOT BELIEVE I OWE THEM ANY MONEY. They are thieves and pirates. But their trump card is this court order they have and they are threatening me with enforcement.
I sent them 3 conditional acceptance letters and an Estoppel notice because they did not send me the documents I wanted. The copy of the contract is not signed by either of their 2 directors as required by the Companies Act. And I want to challenge the validity of the contract. I also sent them a fee schedule and told them if they continue to contact me, demand money with menaces and harass me it will cost them £30,000. I have today sent them an invoice for the £30,000 and a Statutory Declaration. Payment is due on 10 January 2015.
I am setting up the position for a set-off if it comes to court again.
My question for today is
1. Can they enforce the "old" order for this new amount -it was 18 months ago - for a different sum. They did not enforce it at the time. But I was paying £300 per month.
2. Should I take pre-emptive action by making an application to the court to set aside the order?
3. Should I issue a claim for my £30,000
4. I believe the contract is void as it is not properly executed by a director as required by the Companies Act. There is just a squiggle.
Any assistance would be greatly appreciated. I have 2 children and I know their next move will me to send bailiffs and intimidate us and try to re-possess the property. I need to take pre-emptive action.
Thank you
They "gave" a loan of £11,800 secured on my house in 2007. My sister was very ill with a brain tumour then she died so I did not pay this enough attention at the time. They got a court order for the debt. 18 months ago. I have been paying £300 per month. So far I have paid them over £20,000 which includes vast amounts of legal costs and charges. Then in July 2014 they sent me a letter saying I now owe them an ADDITIONAL £20,000 but they would discount it to £15,000 as a good will gesture and that I could continue to pay at £300!!! They sent me a document to sign which I have not signed. It seems they are trying to get me into a NEW contract for this additional amount. I was SHOCKED!! I sent a SAR. They sent me documents. I have sent them requests for proof that I owe this money. All they have sent are statements. I DO NOT BELIEVE I OWE THEM ANY MONEY. They are thieves and pirates. But their trump card is this court order they have and they are threatening me with enforcement.
I sent them 3 conditional acceptance letters and an Estoppel notice because they did not send me the documents I wanted. The copy of the contract is not signed by either of their 2 directors as required by the Companies Act. And I want to challenge the validity of the contract. I also sent them a fee schedule and told them if they continue to contact me, demand money with menaces and harass me it will cost them £30,000. I have today sent them an invoice for the £30,000 and a Statutory Declaration. Payment is due on 10 January 2015.
I am setting up the position for a set-off if it comes to court again.
My question for today is
1. Can they enforce the "old" order for this new amount -it was 18 months ago - for a different sum. They did not enforce it at the time. But I was paying £300 per month.
2. Should I take pre-emptive action by making an application to the court to set aside the order?
3. Should I issue a claim for my £30,000
4. I believe the contract is void as it is not properly executed by a director as required by the Companies Act. There is just a squiggle.
Any assistance would be greatly appreciated. I have 2 children and I know their next move will me to send bailiffs and intimidate us and try to re-possess the property. I need to take pre-emptive action.
Thank you
Spring Personal Loan (Secured) Court Order - Enforcement
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