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PRAC/BW PAPLOC paydayuk PDL


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After reading the PDL reclaim guide i thought it was beneficial to mention a gambling problem to show that they have lent the money irresponsibly after not checking my bank statements and credit file.

 

Spot on - Evidence is key for you to win this one with PDUK

IF you can SAR your Bank where the loans were paid into - this could be very useful.

 

We could do with some help from you.

 

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**Fko-Filee**

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I honestly didnt realise it was that bad... Think it might be time to push on with IRL claims?

Honestly though - Choice is yours to SAR - I would - DX says no but you must get the bank statements from the bank if possible. This will strengthen your claim significantly.

 

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What i don't understand is, if i start contacting the pdl companies will i not be resetting SB's on some of them?

Also is there any relevance between them having no or unenforceable cca's and me telling them they have lent to me irresponsibly, thereby admitting the loans?

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For me - Any loans prior to regulation will be very difficult to get a CCJ on - They were loaded with unfair charges (Excessive)

Its up to you on this one. If you get the evidence then it should help.

 

We dont condone debt avoidance at CAG but at the same time we do enjoy helping people see the errors in DCAs ways :)

 

We could do with some help from you.

 

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I would pretty much not worry about enforceability or anything like that.

as FK points too, your situation is very easy to understand

and its pretty much given that all your loans will be subject to a successful IRL claims.

 

what I was getting at above was that its for them to have searched you and your spending and your credit file before any lending...

.. given that they didn't, why tell them anything now..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Completely right - Remember the onus is on them to prove a debt - its also on them to prove they did "Rigorous" checks - Oh boy did they fail on these pre-2015

Just read all the misery that these loans caused... Even worse you were affected by it. They lent to you... Allowed you to gamble with the money.

 

We could do with some help from you.

 

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**Fko-Filee**

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I have drafted a nearly completed IRL claim letter to paydayuk which i have attached. I will fill in my details before i send it.

I had at least one other debt with Instant cash loans ltd i believe, which was with payday express for around £1000. Im not sure i have all the details of this loan to hand.

Am i right to believe some people are phoning the pdl companies for details/statements of their debts if they are unsure of the details?

I am also sending a sar to my old bank so i can check statements for relevant information.

 

I will send this off tomorrow to pduk and then send the pap to bw legal in a weeks time.

The pap will mention the cca request and the irl claim.

 

thanks again for your help, its good to feel in a little control.

Formal-Complaint-Regarding-Irresponsible-Lending.doc

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Hi Ricky

 

Slipped my mind. I think its good to send. Make sure you include all information and that it makes grammatical sense :)

We suggest drafting your own and not using the template as perse, but you can use a lot of it to draft your own :)

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I have rewritten the letter (attached) so it doesn't look so much of an existing template. :-) I have also included what i would like from the outcome of this loan.

ie. removed from my credit file and debt written off.

I guess if they agree to this, it will mean that PRAC/BW legal would be in a weak position regarding the legality of the loan they are pursuing?

 

thanks for any advice in advance.

paydayuk-irl-letter-cag.doc

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Hi Ricky

 

Letter is okay to send. However as far as you are concerned they have written off the balance from ICL and have sold it to BW Legal. They may either recall the debt or give you a refund etc...

Go with it, might be slow but lets get this done :)

 

BTW the letter that was sent to you on the 7th NOV estimates costs... BW LEgal would have a clear knowledge of their costs for Legal Action - Stupid MFs.. Also the letter is very generic and doesnt state the type of account it was... Neither does it explain where a copy of the agreement can be sought from..

 

Anyway aside of all that... Get the letter sent / emailed to them and then lets see what happens with Broken Whiney Not So LEgal...

 

We could do with some help from you.

 

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I have received the following attached cca from PRAC. On page 2 where it says "signature of debtor" , next to it is just my surname in typed capital letters.

 

Are there any obvious issues with this cca?

 

I have sent my irl claim off to paydayuk and am awaiting a response.

 

I need to send off my response to my claim letter from Bwlegal within the next couple of days.

 

Here is the merged pdf file with the cca returned from Bw legal.

 

They have been trying to contact me with a text and a phone call/voicemail.

They would like to discuss the case. :roll:

bwlegal cca.pdf

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I have been going over my pap ready to return it as i have until the 28/11.

 

I am going to fill in BOX D I dispute this debt because..... I have an "irresponsible lending claim with the original creditor PDUK which i am awaiting an answer from" .

 

Should i be supplying proof of this claim, or wait for now ?

I have been searching cag and haven't been able to find other examples of people filling in pap forms, so i am unsure of the following:-

1) Is the cca that prac have sent me credible or do i have any other dispute with prac/bwlegal?

2) Should i be providing any documents as i can see what i would send?

3) Are there any documents i should be requesting, as i believe this is being covered by my irl claim with the oc. ?

Is there any more information i could ask prac/bwlegal for?

 

On a separate note, when/if does this thread get moved to the financial legal issues?

 

many thanks for any advice as on one hand i'm learning and receiving great advice but on the other, i'm getting nervous now that this will end up in court or mediation at best.

Edited by ricky balboa
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Seems a little short for a CCA but just my opinion.

If making Crackpot Legal aware under PAP of a complaint. Do not tell them why you are complaining, just say you have raised a formal complaint with the OC.

Follow DXs advice on this one.

 

We could do with some help from you.

 

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**Fko-Filee**

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Ricky - one other thing.

Ive attached something to give you some idea of the idiots you are dealing with at BW Legal

 

See how many errors you can spot in my attachment...

One glaring error makes this calculation completely incorrect...

BW Legal Stupidness.pdf

 

We could do with some help from you.

 

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They have stated that i was "Paid" £452.20 as loan capital. The interest on that amount while the same (Interest Percentage) would be different amount of interest being added every day.

Makes the whole calculation incorrect... So instead of £2.20 being added - It would be £2.xx instead / £3.xx instead.

 

They may use these documents in a claim against me in the future for this fraudulent loan... But they wont get very far.

 

We could do with some help from you.

 

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**Fko-Filee**

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Anyway the point im making is BW Legal really a lot of the time dont know what they are doing so... Just take it from me that these companies will bully you around but stand your ground...

 

We could do with some help from you.

 

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  • 3 months later...

Hi fkofilee,

 

Apologies for the late reply. I was waiting for a chance to give a detailed reply of where i now am with this situation.

 

I had a letter from BWlegal dated the 21/11/17 . It says that the file has been placed on hold whilst we query the matter with their client. They say that they will contact me within approximately 30 days.

 

I then had a letter from PAYDAYUK dated 22/11/17 . This basically states that they are sorry i am dissatisfied with their service and they will get back to me within 8 weeks. This is a reply to the irl letter i sent them.

 

A letter dated the 30/11/17 from Bwlegal is the same as the one i had on the 21/11/17.

 

I had an email from PDUK on 5/12/17 with a final response from the irl claim. They rejected the claim and told me i have 6 months to complain to the financial ombudsman. I will enclose the letter in the next post.

 

19/12/17 there was a letter from bwlegal which was an annual statement which doesn't give any extra information other than saying the balance is £516

 

29/12/17 a letter from bwlegal states that they are still awaiting a response from their client and the file is still on hold.

 

I have heard nothing since. I have received my bank statements from my previous bank with all the payday loan and gambling transactions on them which i can use to show the financial ombudsman.

I guess the next thing i have to do is send the irl claim to them with evidence to backup my claim?

 

I have checked my credit file and the debt shows up in defaulted accounts. It has a balance of £0 which was last updated in 8/1/17. It says the debt was assigned:- The lender has sold the debt to another member of our information-sharing scheme. The old account will have been closed and a new active account will show in the name of the lender who has bought the debt. But it doesn't show up anywhere else.

 

I have been too relaxed on this matter over the last couple of months and know if i need to reply to the financial ob it has to be done within the next month or so. Do you think they maybe waiting for this time to elapse before they pursue the matter?

Can they just restart the court claim at any point in time as they haven't replied to my pap requests at all?

 

thanks for any advice

 

ricky

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they could but it wont look good on them.

 

off to the FOS send them everything!!

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sending it to the FOS will keep the file on hold - I have a case with the FOS and BW Legal - They shouldnt do court as if they try - The judge will rule partially that the firm has failed PAP -

 

PAP concludes that if the issue can be resolved by an ADR (FOS in this case) then it should be. If they take legal action while you go to ADR then they would be laughed out the court...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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