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About minionherder

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  1. Currently fighting them myself, £800 repairs on a VT vehicle valued at £1100. I have photos they have a hand written report with no details. So far they have refused all my attempts to deal with it including a letter where I sent copies of some photos showing no damage. I've sent them a complaint and then will contact Financial ombudsman if that goes nowhere.
  2. I recently won against PRAC financial in a claim they made against me for a disputed PDL. (The dispute is still awaiting FO decision). Exact reasons the judge quoted were no evidence of assignment of the debt to PRAC and no evidence of a Default letter sent. Also their default was in the wrong company name. My other thread regarding the claim... https://www.consumeractiongroup.co.uk/forum/showthread.php?484274-PRAC-BW-claimform-old-PaydayUK-PDL-Debt-***Claim-Dismissed*** Today I had an email about a change to my credit report. Turns out the change is PRAC reporting a missed payment. Considering I won the claim what do I need to do to them. I assume writing to them stating the judge ruled no default/assignment so they have no right to either use my data, make changes to my credit record or in any way deal with me. Then demand they remove all entries? Any tips/examples floating around that will guide me?
  3. I've just defended a similar claim, they lost because of no proof of default or assignment being posted (no record or proof of posting) and also their default was a template for the money shop not PDUK. Things to double check. Is the daily interest doubled on any day in the statement of account. The maximum interest is I believe .8% per day if they have charged twice in one day then this would be 1.46% for that day and in breach of the FCA cap for PD loans. https://www.fca.org.uk/news/press-releases/fca-confirms-price-cap-rules-payday-lenders Secondly on their printout sheet showing default dates check the rate of interest is the same as the agreement, mine was different which would mean either their printout is incorrect and proves errors were made or that the agreement is incorrect and therefore is not a true copy.
  4. Judge dismissed the claim on two main points. No proof of either notice of assaignment or default being posted. Also template default was in another business name. He did say he'd have ruled against me if my arguement was soley that the default was a template as their advocate quoted a case (something vs kate someone sorry didnt note the exact case quoted) where a template was shown to contain the relevent terms. Right at the start he almost dismissed due to them sending the docs late, perhaps he would have if I hadn't poked holes in the other evidence. He didn't rule on the IL complaint as the FOS will do so eventually. Alot of quoting Consumer credit act was done by all. I would say to anyone reading this with a similar case make sure you see the default as mine had the name and address of the money shop instead of PDUK and the judge ruled if I had have received it with the incorrect logo and name I would have binned it. Not sure if it was a mistake but I discussed it with the advocate before going in and he'd had time to pull up a few arguments agasinst me. Really enjoyed the arguing and general court banter especially when their advocate tried to argue the templated default was an example of what would have been sent and I countered with a quote from their own witness statement where it was stated to be an exact copy of what was sent. Poor lad was stuttering after that trying to come up with a counter arguement. Shook hands afterwards and apologised to the lad for beating him on technicalities.
  5. Quick question are they allowed to submit template default letter. According to their advocate they are legally allowed to.
  6. So far I can eliminate their default letter, account statement, theres no proof they posted assignment letters and there may even be proof they have faked up that statement, (I need to check figures when I get home). Hearing tomorrow so I'll post an update then.
  7. Anyone know about the above? Still no reply from FOS really taking the mick here.
  8. How can I phrase that when in the hearing? I've been looking but cannot find the exact regulation to quote regarding it.
  9. 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.
  10. 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?
  11. My Scanner has decided to pack up so photos it is. jpg.pdf
  12. 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.
  13. 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.
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