I took out a payday loan (not wise, i know!) with PAYDAY UK/MEM CONSUMER FINANCE LTD.

I have not repaid the loan after coming into financial difficulties.The amount outstanding is £516.00

Apart from the original interest which was apllied to the borrowed amount, they haven't added on any extra charges or interest at present.The debt has now been passed to a DCA - EQUIBET.

I am now in a position to pay back the debt in installments and asked PAYDAY UK for their bank details in which to start paying them.They refused to give me their details stating that they no longer have my details and that i must payback using Equibet.I informed them that i am recording on record that i am making an attempt to resolve the debt under OFT guidelines and that they were refusing to help me.

I am cautious in paying equibet, as i dont want the debt to remain outstanding having paid it back using Equibet's bank details.

On my credit file the debt shows as a 2 month late payment and registered with Payday uk.

Would you pay money into the bank details of Equibet?

thanks for all advice in advance

Ricky,

I recommend that you write to the original creditor, send the letter via Recorded Delivery and type your signature, don't sign it. Templates are available in the letters library. You should state that you are happy to settle the account (insert the amount that you are happy to pay). Also mention that you are not prepared to deal with the DCA. State that, due to your circumstances, you are able to afford only a monthly payment of (insert amount). Do not send any payment at this stage.

Well done for recording the conversation where you informed them of the OFT guidelines, however, in future, NEVER SPEAK TO A CREDITOR OR DCA BY TELEPHONE, as they will twist everything you say and simply deny anything they wish.

Let me know how this goes on. I am happy to help with the wording of the letter if required.

Kind regards,

Please check your credit file. Noddle is free for life - but only updates once a month.

If Equidebt is listed then PaydayUK/MEM have sold the debt and Equidebt are your new creditor. You should have had a letter to advise you of this.

Hi

I Was paying Equidebt last year which my pduk Was passed to them i paid online on there website After i set an arrangement up £20 å month which Was recorded on loud speaker for my evidence they kept asking to set up å dd but no way there having my details...no intrest Was added which Suppose Was å good thing..

A payday loan was taken out back in may 2012 with paydayuk when in financial hardship of £400 which increased to £516 with interest.

It was then passed to various dca's before nothing was heard from the end of 2012 to 2016.

Then paydayuk sent a letter saying the debt was sold to PRAC in jan 2017.

Then PRAC sent a letter saying they had acquired the debt and were using Bw legal to represent the debt.

Bw legal have sent a few letters including offering a 20% discount.

Their latest letter says that if i don't setup an arrangement in the next 14 days then the account may be considered for legal action, which will result in me receiving a letter of claim prior to county court proceedings being issued.

Should i be sending a cca request to bw legal at this stage to see where i am?

thanks

Yes

Scan up the letter plz minus personal details.

Im not a fan of BW Legal - Rather litigious but at the same time completely defendable on this one.

Did you have any other PDLs at the time?

we've never seen prac/bw legal go anywhere with these old PDL's

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=prac+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=prac%20bw%20

so don't rush to do anything

it just gives them some notion of grandeur

a DCA is not a bailiff

and have

no legal powers whatsoever

all they wish is to line their pockets with anything you might think of paying them.

as FK points too

IF theres anything to do

its contact the original creditor and raise an IR dispute

ignore the DCA totally

I have the letter from Bw legal here.

At the time i did have several PDL's , im guessing as many as 10.

I have not paid any amounts on this loan, so am i able to start an IR dispute?

Dx, Do you therefore believe its better to wait and see if they send a more serious letter or start court action, than ask for a cca and show that you know your legal rights? i respect your opinion as i do others.

many thanks for all your replies

bwlegal 19-6-17 .pdf

Wheres the "will"...

Its another stupid bait letter :/

Of course you can start a IRL Claim against PDL Firms.

Check out our guide in my signature...

I have received the latest letter from BW Legal.

They have decided to put in a few "will's" in the letter, is this coincidence?

Am i right in sending a cca request to BW legal asap ?

thanks for any advice

no you're doing it again..read it properly and carefully..

will be considered

well it doesn't matter a monkies what they consider

only the OWNER of a supposed debt can take court action

so their BW's nxt letter might well be a letter of claim

but who knows.

a CCA request does not ever goto a solicitor.

I have received the following attached letter from BW legal.

It is accompanied with an annex information sheet detailing how to avoid court action.

Also included is a two page "reply form" with multiple choice boxes on whether i believe i owe the debt and what i intend on doing about it. (can post if necessary) .

A few days later i also received a text from bw legal asking me if i would like to discuss the letter, which i'm obviously not going to do.

Should i still be waiting for them to start proceedings?

many thanks for any advice in advance.

convert-jpg-to-pdf.net_2017-11-07_17-35-37.pdf

you need to reply to it under the PAP

did you get the IL claim going.

dx

I have received the following attached letter from BW legal.

 

It is accompanied with an annex information sheet detailing how to avoid court action.

 

Also included is a two page "reply form" with multiple choice boxes on whether i believe i owe the debt and what i intend on doing about it. (can post if necessary) .

 

A few days later i also received a text from bw legal asking me if i would like to discuss the letter, which i'm obviously not going to do.

 

Should i still be waiting for them to start proceedings?

 

many thanks for any advice in advance.

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Andy

I haven't made an Irl claim yet as i never paid any amount into clearing the loan. Am i allowed to start one for other reasons?

I see this is a new procedure then and it does appear as though bw legal will be starting court proceedings regardless of what i return them in the reply form.

you need to comply with the PAP.

get the IL complaint running to paydayuk

shame you didn't when told too

Do i now need to send a cca request to PRAC? . I guess i would tick BOX D and put "I dispute this debt because..the debt purchaser has yet to provide any or all of the required documentation" and then BOX I and put !I have requested by way of a CCA Request the signed agreement"

a complete set of statements detailing exactly how the debt has accrued:

I. All Transactions.

II. any additional charges, be them from the original creditor or the debt purchaser now sending me this form.

III. details of all contractual interest added by whom and on what date.

IV. Payments toward the Agreement

as per one of your posts dx ?

and the fact that you believe the debt to be irresponsible lending by the original lending of which a complaint has been made

So i believe i need to do the following things right now.

1) Start an IRL claim with the original creditor Paydayuk

2) Send a CCA request to PRAC who now own the debt.

3) Send another letter to PRAC requesting all transactions,charges,inetrest dates and payments etc.

4) Reply to the claim letter filling in box D and I as previously mentioned.

I take it i don't need to fill in BOX G if i am getting the excellent advice from this forum. Also do i wait week or so, so the other letters have arrived at PRAC and Paydayuk before sending the PAP?

thanks again

I wouldnt bother with 3

dx

I wouldnt bother with 3

dx

Correct - They have already supplied this in their LOC...

Ok thanks, i will send off the two letters and form and update this thread on any further action.

I have sent off the cca request to PRAC and have done a great deal of reading (cag posts and the pdl guide) about irl claims.

Back around 2012 i had lots of debt probably in the region of £60k from various loans,credit cards and pdl's.

I also had a mortgage and a gambling addiction which did not help the situation but caused it to spiral out of control.

My outlook changed after my wife fell pregnant and now i am back on track thankfully.

I guess i would've had about 20 pdl's altogether ranging from £50 to £1000.

Some were paid off, some never paid (like this pduk one) and some partially paid.

Most of the paperwork from back then has been destroyed i am now going through what i can find.

I believe i have changed email address so i'm not sure if i can trace back that far on any digital correspondence.

I no longer have bank statements to show as evidence of the severe gambling,

i'm assuming it would be a good idea sending off for some from my bank.

As this PDUK loan of £400 (£516 with charges) was never paid would i only be looking at clearing this from my credit file and being terminated?

Would i send a claim to PDUK based on my gambling problem and them not checking my credit file even though i'm not sure what checks they did carry out back then?

I'm certain i had other loans from within the Instant cash loans ltd at the same time

i wondered if the best course of action would be to dsar instant cash loans to get all information on all loans for future claims?

many thanks for any advice in advance.

I wouldn't be bother with any SAR's

nor telling them anything about why you needed the money

none of their business you gambled it anyway

just send every one of 'em an IRL claim

they can be identical with simply just a company name change.