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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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PRAC/BW Letter of Claim - Old Payday UK PDL


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Greetings my fellow Acting Consumers :)

 

Have just come back from holiday only to find this letter (attached).

 

Went through all of it and started to panic a bit.

Been reading CAG since morning and I'm not sure how to go about this letter.

 

It's a Letter of Claim issued by BW Legal on behalf of PRAC for a PDL i took back in 2012.

 

I know I'am suppose to action it but after spending all day reading I just don't know how to. (too much information).

I do not have time to digest all that info as the deadline for response is 21/08 (tomorrow).

 

I'm guessing if I fail to respond on time, the next letter will be a Court Claim?

 

I had a look at my credit file and the Default date for this loan was 01/11/2012

I am literally months away being Statue Barred on this account :(

 

Is there anything I can do NOW to get out of this mess.

Possibly delay any proceedings for few months or Claim back from PDUK for irresponsible lending.

 

I was in a big trouble back then when I took this loan, stuck in payday loan loop with multiple PDL's.

 

Any help or advise would be much appreciated.

 

Thank you

bw.jpg

Edited by dx100uk
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when was your last payment , SB date is nothing to do with defaulted date

re titled and moved to PDL forum

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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PDF please

read upload

go ring payday uk and ask

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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aw what a shame

prac bought a lemon...

 

go see and follow post 4 in this thread

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

 

use OUR form NOT theirs

reason to dispute debt

Its Statute Barred.

 

pers I wouldn't both putting all the stuff about paperwork requests etc

 

dx

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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Great Stuff DX!

 

 

THank you very much.

 

 

Should I print off the PAP form, fill and send it to BW asap?

The deadline is tomorrow, they won't receive it by then.

There's also an option to do it online (according to their letters) but I'd rather not use as don't want to give too much information out.

If I decline the debt because it's SB should I request more paperwork (to buy some more time?) or just go bluntly "Statue Barred" as a reason :)

 

 

Thanks DX

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forget their stupid deadline matters not

just send 1st class with free proof of posting from the PO counter

 

the rest as Ive already said in post 6

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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Share on other sites

I would leave it a week to make sure they cant respond and then act this month

 

No need to rush over this if they spend money trying to chase it up just because they have set a meaningless cut off point then tough luck to them.

 

Once you have sent the SB letter dont enter into any other correspondence on this matter, if they do sue then your defenec is absolute (SB) and there is sod all they can do to change it.

 

Now the SB clock is stopped 6 years after the date the debt became due so for a credit agreement that will be the billing cycle after you failed to pay them so for example, if you paid in may and then the june bill becomes errant when you dont pay and it defaults at the time of the july bill is due and you still havent paid.

 

As most bills fall at the end of the month it is likely that your account is only SB by a few days so better to let things drag out until there is a bit of blue water between the last payment date anniversary and when the actual account defaulted

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not sending SB letter

returning PAP response form in post 4 of the thread in post 6 stating its statute barred as the reason not owed/disputed

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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Just to be clear here - Broken Whiney Legal's timescales do not apply - even the 30 days can be a bit off here or there and they really dont stick to them.

What does matter is the courts timescales... If you do get a claim form, make sure you stick to the timescales...

 

Just OOI, how many PDLs did you have?

 

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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Thanks all for the replies :)

 

 

@fkofilee: I had quite a few PDLs back then. Got in a real mess with finances (had a baby, made redundant and eventualy evicted from a rented flat lol)

 

All of this around 2012 (the world was supposed to end or something... almost did) I've stopped paying back all PDLs and ignored pretty much all the rubbish they've sent me.

This one looked scary though as I know BW Loonies do take people to court so I panicked a bit.

 

 

I know I could start fighting back and claiming the moeny I paid but now I just want all of this to be over.

Debts SBed, written off... gone from my CF (not many left and all to be gone this year)

 

 

Waiting for Claim Form from the Courts is an option as it may buy some extra time but is it worth it...

It's a same reply/defense as PAP :)

 

 

Thanks

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Well if it does come then if you win - Itll be another loss that they can mooch about...

As for the other loans...

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=72598

 

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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go get some moneyback poss? under irl claims to the lot of 'em..??

 

just get that post 10 done

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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  • 2 weeks later...

now time to get IRL claims running on every PDL you had

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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