Hi

I've been posting on a different site about this but help seems to have dried up.

I'm keeping things vague as I don't want to tip their hand.

Last year I complained about IL to PDUK. Extremely close to this time, probably passing in the post was a claim form from BW about a £100 loan outstanding from PDUK.

I informed them it was in dispute, sent off the usual CCA request and CPR naming agreement, default notice and assignment.

My defense stated the account was in dispute and that BW had not supplied docs or CCA.

No response from BW.

DQs were exchanged, I reminded them no docs had been sent.

During this time PDUK took a very long time to turn down my complaint, I escalated it to FOS.

Mediation comes and goes as no docs had been produced.

BW finally supply reconstituted Agreement 3 months after CCA request. Still no Default or assignment.

Hearing date set, BW pay court fee.

Im now preparing witness statement, still awaiting FOS outcome they are waiting for docs from OC.

Not sure how to proceed with witness statement. I know how to write it but am not sure what legal arguments I should flesh out.

Anyone know mistakes BW may make and or arguments I can use on my WS?

Also what mistakes may have been made on their reconstituted agreement?

no need to hide details

we've dealt with hundreds of PDL Claimforms here.

there should be a WS in one of them

I've moved you to our legals forum.

if you use our top search CAG box of the red toolbar

PDL Witness statement

you should find the threads that have examples

what date is your hearing please?

dx

6th Feb I think.

so you've got to send your WS to the court 14 days prior and a copy to the claimant sols too.

have a go we'll help

there are lots of PDL claimform WS's here to help you.

Have they sent a statement (I call this the BW Legal Special) saying you borrowed more than you actually did?

Any chance you can post up docs minus personal details...

If you are currently complaining to the FOS then theoretically it should stop court action under the new PAP... They are viewed as a ADR service.

But either way, lets get you sorted...

This claim was entered in september before the new PAP came into force.

Also I'm away for work till Friday was going to put together docs, scans and WS on Friday/weekend then post recorded Monday. I'll upload relevent docs then which ones do you want to see?

IF you can PDF everything you have and remove all personal info... LEts see if we can help

Sorry for being a bit dopey earlier - I read posts but i dont read posts if you get what i mean

read upload one multipage pdf please only

Still sorting docs.

Just noticed, my CCA request was sent to PRAC, my CPR request sent to BW.

Only BW have sent Agreement, no reply from PRAC does that mean PRAC have still failed to produce CCA or does BW sending one count?

Added agreement and statement, I note daily interest applied several times in one day.

Also letter from them after I informed them it was in dispute.

Doc post (2 files merged).pdf

you have the agreement.

get working on your WS

you were supposed to be doing that this w/end??

its due tomorrow.

More or less complete just tweaking it before printing and sending it later today.

xxxxxx = date to be added

2. The payday loan account in question was, and still is, in dispute. The defendant has an ongoing complaint regarding irresponsible lending with the Financial ombudsman and the original creditor. The claimant has been aware of this complaint within the first week of the claim. They have been unreasonable in pushing this matter through the court system before the complaint is resolved. Evidence docs 1-3

3. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been legally assigned to the Claimant and as such the Claimant is put to the strictest of proof. The claimant has stated the debt was ‘assigned to the claimant on xxxxxxx yet has failed to provide a copy of the Legal Assignment a copy of the Deed of Assignment and copy of how the Defendant was served with the aforementioned. A copy of the Defendants CPR 31.1.4 request and tracking number is included in evidence. Docs 4-5

4. A request was made to PRAC financial for a copy of the Agreement (Contract) under the Consumer Credit Act 1974 (Sections 77−79). They have never responded to this request both within and outside the prescribed period. Eventually BW Legal the claimants solicitors supplied an unsigned reconstituted copy, 3 months late. Evidence docs 5-6.

5. The amount claimed is vague and unsupported by an accurate statement of account, the defendant requested a statement of account via the aforementioned CPR request. Although a list of interest and payments was supplied they have yet to supply an accurate detailed breakdown of how the total has been reached. Evidence doc 4.

6. The Claimant has at this time only supplied a reconstituted agreement unsigned by the original creditor or the defendant. The defendant has yet to see an enforceable original copy as was requested in the CPR request in evidence. It is likely the original was an electronic agreement and the defendant acknowledges that an original copy is difficult to supply in these circumstances, however it should be easy for the claimant to show logs of activity and proof of electronic signature as evidence of the existence of the electronic original copy. doc 4.

7. The claimant has ignored or refused requests to show a copy of the Default Notice mentioned in their claim. Further, they have not provided proof of how this was served upon the Defendant. The aforementioned CPR request is in evidence doc 4

8. Throughout this claim the claimant has acted unreasonably and by their actions forced the defendant into a course of action that can only result in a court hearing. They withheld the reconstituted credit agreement until after mediation thus forcing the defendant to miss any chance of mediation due to missing documentation. They failed to supply the documents requested in the CPR request of xxxxxxx again hampering both the defendants defense and mediation. Even as recently as late November 2017 despite being made aware of the ongoing complaint with the financial ombudsman they are still continuing with the claim. Their actions have forced the inexperienced defendant to prepare for and appear in court with limited information. Even while preparing this witness statement the defendant is unaware of whether the Financial ombudsman will rule in their favor or not, this again leaves them perplexed as to how to effectively defend the case any further. Evidence doc 7

9. I believe the facts stated in this witness statement are true.

Update.

I sent off witness and evidence pack, (on time).

They sent them as well (4 days late)

Their witness statement says lots about the usual stuff entering agreement etc. plus about 3 pages attempting to undermine my defence as its a defense posted on the internet (They quote the CAG website).

They state my ongoing complaint has little to do with the loan they are claiming despite my complaint covering all loans with PDUK. Also they mention about me asking for the docs (CPR 31.14) but state they do not help my case so are unsure why I asked for them.

They have supplied another copy of the reconstituted agreement no signature from PDUK, no signature space for me.

They supplied the statement of account (with mistakes).

They supplied a printout of a computer system that apparently shows default then also a blank template letter of a default notice. (Its full of boxes stating enter name here, company logo here)

They supplied a copy of assignment letters (no proof they were posted)

They supplied a copy of a confidential letter between me and PDUK, PDUKs final decision on my complaint.

Still no reply from FO regarding the complaint. (Im now assuming PDUK are stalling to drag it beyond the hearing)

They state they will not attend court but will have advocate there.

What does this mean? I'm assuming they will pay a random solicitor to appear for them.

(If they win does this cost get added to the claim?)

Any tips on how to progress welcome.

If its live with the FOS BEFORE it went to court then it should have stopped any legal action... MEh

Post up all docs minus personal info... Lets see what they have...

scan everything up to one multipage PDF please

read upload

My Scanner has decided to pack up so photos it is.

jpg.pdf

Perfect - I wonder if the Template DN will stop this dead in its tracks....

Is the lack of copy of DN a defence or more of a technicality?

So far I can rip their statement of account to bits as it has mistakes, point out they failed the CCA in time, the 31.14 request in time (theoretically still not fulfilled without a default notice) and point out the agreement is just a reconstituted copy.

Then I have the fact the entire PDUK account is in dispute with FOS although in their statement they state the loan in question was not loaned irresponsibly and should form part of the dispute.

I'm putting together notes for the hearing, what else can I include? Are there any other issues with the docs they have produced?

Does their statement look like this? And have errors like double interest application ?

BW Legal Stupidness.pdf

time failure are immaterial

the DN is a template

and is bogroll

that fatal to their claim.

dx

Does their statement look like this? And have errors like double interest application ?

The header just says payday uk account statement in their evidence docs and does have interest errors.

I have however had one just like that sent out to me seperately from them.

How can I phrase that when in the hearing?

I've been looking but cannot find the exact regulation to quote regarding it.

They state they will not attend court but will have advocate there.

 

What does this mean? I'm assuming they will pay a random solicitor to appear for them.

(If they win does this cost get added to the claim?)

 

Any tips on how to progress welcome.

Anyone know about the above?

Still no reply from FOS really taking the mick here.

Probably from ELMS Legal or someone like that...

FOS take ages but should have stopped legal action if done BEFORE they issued Court Forms...

When it comes to the statement... Point it out to the judge...

When was this loan from?

I have a similar claim going through against PDUK / BW Legal in respect of a loan from 2012,

I had filed an initial holding defence but intend to file an amended defence to include inaffordability / lack of checks and overall usurious interest rates.

Are there any templates available for this ?

Thanks in advance.

Please start your own thread