Hi,

I have a BW Legal court case going on at the moment. Today I received another county court claim from BW Legal for a different company. This is fraud too.

Name of the Claimant ? PRAC Financial Ltd

Date of issue – 29/09/17

What is the claim for –

1.The Claimant's claim is for the sum of £300 being monies due from the Defendant to the Claimant, under a loan agreement regulated by the consumer credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference xxxxxxx and assigned to the Claimant on 09/12/2016 notice of which has been given to the Defendant.

2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.06p from the date of assignment of the agreement to 28/09/17 being an amount of £18).

What is the value of the claim? £360

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? loan

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt collector

Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a county court summons.

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I have never made any payments

What was the date of your last payment? None

Was there a dispute with the original creditor that remains unresolved? Yes, there will be now. I did not know anything about this loan.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No

Oh well at least you know what to do....

Acknowledge the claim defend in full.

CPR 31:14 letter to claimants solicitors, asking for all documents they mentioned in their claim. In the letter, add a paragraph, that the account taken out with the original creditor is fraudulent and has now been registered with Police via Action Fraud.

CCA request to PRAC

Report the matter to Action Fraud.

Thank you Dx and Uncle, I will do.

I am going to wait until Monday to see how that one goes. I will respond to this one Monday afternoon.

Watching and subbing - This is the first BW LEgal case i have seen where they have taken a ICL account to court...

This could be fun Im still dealing with a fraud case with them and no matter what i furnish them with - Its not good enough

But keep us updated - I hope they get whats coming to them...

Also remember - UB67 is right - Take the Actionfraud reference etc...

You will need it

I am going to tackle this one now.

I am so nervous about getting it right because of the court on Monday.

I don't want to lose this one or allow BW Legal to get my defence thrown out.

I honestly had nightmares about this for the last couple of nights.

I will file the defence on MCOL.

Then I send a CCA request to PRAC?

I will send a letter to BW Legal asking for the documents.

On the other case they only sent me the documents just in time for the courts request (a couple of weeks before the hearing).

The judge was not impressed but said that legally it was acceptable.

Is there any way I can force them to give me the information sooner?

Is it worth doing a Data Protection request?

On another note, is it worth writing to PRAC telling them that this is fraud and that BW Legal ignored that in the past and lost, suggesting that PRAC drop it to save their fees?

this is all you need to do for now.. SLOW DOWN..

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

dx

OK thank you Dx. I will do that now.

So, I have not heard anything from PRAC.

I got this letter today from BW legal. They really are horrible!

Also, in addition to the account statement that they claim is mine, they also sent me another woman's Moneyshop statement!!

docs1 CCJ2.pdf

you did file your defence yes?

Yes, Dx, I sent my defence off through moneyclaim. I checked and its been received.

yes sorry silly question in a way

well you can ignore them if you wish and see if they progress it.

Thanks Dx, I think that I will ignore it. I could fill the form in but I don't see it being of much help. After the last case they still tried to claim the money even though it was obviously not my debt.

Josborn

You really cannot make this up... Keep a copy of that statement - This is why ID Fraud is so rife in today's society...

You could use it if it goes that far... Will stand them up in front of a judge...

Why not fill in the fraud notice they have sent you, but dont send it back to them and keep it for the case...

They havent even filled it out properly (Its template - You can tell by the 831 /831 on it...

What id like to know is how they get away with being so intimidating with their wording...

This statement consisting of one page... Er no! Its over 2 pages morons.

I had a letter come back to me recently from these fools with this... And itll make you laugh...

Not really Eco Friendly eh?

Hi Fko,

they really are nasty aren't they. There are many people that I know who would pay the money that they are asking for because they would be scared of the threats of bailiffs etc. I definitely could not work for a company like that.

Ask all the staff ive had to deal with over the last few months...

FWIW - While not relevant to your case - IF you look at the FCA Register entry for PRAC Financial - Youll see that the contact is one of the directors.

That same director is the COO of BW LEgal... Our client that they refer to as PRAC Financial is actually the COO of BW Legal...

https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000o7TV7AAM

To the uneducated (Those who arent aware the FCA register exists) they would think they are 2 separate companies with no links...

Lowell have their own Lowell solicitors so why can prac..

as you say not relevant at all.

dx

I got a letter from the court today (I will upload it when I get to a printer).

It says it is a defended claim and has the forms for mediation with it.

Does that mean that BW Legal are definitely going ahead with the claim?

std N180

yes to mediation

one WIT YOU

rest is obv.

Hi Dx,

thanks.

They have gotten back to the court and are definitely going ahead?

I will get the form filled in and sent off.

I will also send a letter chasing up the CCA.

no you never chase failed CCA's.

not your problem

think about it..you DONT want them to comply....

just because the court have sent a std form it does mean its going anywhere yet.

they could just as easily discontinue its not even been allocated to a court nor gone through disclosure stage yet.

where they WILL have to produce all you asked for to enforce the claim

Oh OK. Thank you.

Post back if your unsure of any of the questions...you need to run 3 copies.....Court...Claimants Sols...and your file.

Andy

Hi everyone,

I sent the directions questionnaire back.

This morning I received these two letters.

They are not really helpful at all.

docs 2.pdf

BW fraud form.pdf

Well well... Ive seen your statement they have sent. Looks like their incompetence knows no boundaries. IF you ever get the opportunity to take this to the judge then point out that their statement has issues with interest being charged double on some dates Plus their so called "Statement" is incorrectly calculated...

It would be correct if you were paid £200 - But youve been "paid" 201.60 as loan capital hence the calculation is completely incorrect (Might be out by a few pennies a day but nonetheless their statement is still invalid) They also did this to me... I dare not tell them - Dont let on its incorrect.

Id be inclined to ask them which police force they have reported this too if they have or have they plan to report it too...

However do you have to fill in their form... I am unsure. Might be worth waiting for one of the other team to come back here.