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PRAC/BW Claimform - old Payday UK PDL***Claim Dismissed***

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Apologies for longish post but want to give context....

 

A few years ago,

when I was a freshly single mum trying to keep my head above water,

I got myself into the most terrible.

 

horrible mess with payday loans resulting in a CCJ (unpaid to date) and a bundle of defaults

– some paid, some unpaid, to be honest I just lost track, so I am now trying to now sort out.

 

The fault was all mine,

typical story of robbing Peter to pay Paul until it all got too much and I literally walked away from the debt.

I moved a couple of times, the debt collectors went quiet and I totally buried my head.

 

after a complete overhaul of my old money habits and working really hard for a couple of years,

I've started to feel like I can breathe again and can think about the future.

 

I want to try and get my ducks in a row so that I can think about a mortgage in the next couple of years.

And get rid of that awful feeling of being in debt and waiting for someone to knock at the door.

 

I got my credit file a few months ago to get a handle on what I owe and to try and unpick the damage.

This it seems has woken up the debt collectors to my new address details (fair enough) as I have had a fresh onslaught of debt companies chasing me hard again.

 

The scariest is demand for payment on the 3.5 year old CCJ

- with a threat that enforcement is the next step

(I know I do need to get in touch with them now and make this payment)

just a couple of days ago a new CCJ claim form from another DCA after they've resent the original default notices again.

 

I’m needing some help.

After reading the recent news about payday loan irresponsible lending claims I know some of mine fell into this criteria for sure

– at one point I was borrowing from 8 or 9 different companies at the same time,

rolling over debts or paying them back and re-borrowing on the same day. What a mess.

 

I plan on working out the full picture of what I borrowed and when, and putting in complaints as I think this would apply to me going by the chaos of my finances at the time. I feel it won’t be long before more court claim forms start coming though.

 

However, that doesn’t help with the current CCJ claim from that I now have to defend or pay. :!:

 

Would somebody please minding guiding me through it?

I’ve been doing lots of reading but would appreciate some support

…it’s v overwhelming/confusing and my absolute goal is to get all this debris clean and gone once and for all.

 

Thank you in advance

 

J

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make a new thread concerning the existing CCJ please.

 

for the claimform you have

please complete the following:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**


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THANK YOU!

 

Name of the Claimant? PRAC Financial

Date of issue – 22nd October 2017

 

What is the claim for – the reason they have issued the claim?

 

1.The Claimant’s Claim is for the sum of £900 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 Ltd t/a Payday UK under account reference xxxx and assigned to the Claimant on 09/12/2016, notice of which has been given to the defendant.

2.The defendant 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 statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.19) from the date of assignment of the agreement to 19/10/2017 being an amount of £100

 

What is the value of the claim? £1120

 

Is the claim for – Payday 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 purchaser via BW Legal

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? I had moved address. DCA sent a copy of it.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? As above, I had moved address.

 

Why did you cease payments? Had overwhelming debt at the time

 

What was the date of your last payment? I didn’t make a payment on this loan of £500 (but had numerous other previous loans with PayDay Uk over the period of a year)

 

Was there a dispute with the original creditor that remains unresolved? No

 

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

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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

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimfor..


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So helpful, thank you. That all is very clear. I'll get the letters sent.

 

I imagine I'll totally need help with my defence?! One step at a time, I guess.

 

Just going through my pile of letters from BW legal, it seems the same people have started the same process with an old Payday loan from Payday Express too....Can I get the same CCA request sent in relation to that too, before they send the claim.

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I wouldn't bother till/unless you get a claimform

 

might be better to get IL complains running.

 

or at the very least

if you've never told debt owners on your credit file you've moved

you need to do so to prevent backdoor CCJ's to an old address.

 

a CCA request could kill these two birds at once

 

but this claim is your current priority


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Dont mind me jumping in here - Think this is the 2nd time that i have seen BW Legal do a claim form for ICL Ltd Loans (TMS / PDE / PDUK)

They really are a nasty bunch - really!

 

Anyway to add to this. Follow DXs advice on this one.

When you are ready to start complaints with all the other lenders, come find me and read our CAG guide and we will help you with your reclaims :)

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Just a quick update...

.I have done the above (albeit just within the 14 day deadline),

 

do I now wait for a bit and file my defence as close to the full deadline as possible?

 

I've read around on here, but would you mind if I posted my defence for you to check?

 

Kinda learning as I go with this :???:

 

PS: And I'm about to start a new thread to kickstart my complaints! fkofilee,

your help would be SO appreciated.

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by day 33

 

there are numerous like PDL claimform threads here already

but yes post it here first


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Hello :-) Hope you are well.

 

Just wondering if you would mind looking over the below to see if it all seems ok as tomorrow is my deadline day. I haven't received anything back from me CCA request, or the CPR 31.

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Instant Cash loans Ltd t/a Payday UK. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4. Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from December 2016 or ever having being approached pre litigation with regards this alleged debt.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

I'm feeling a little anxious :behindsofa:

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can you check the date of issue on your claimform top right please

your resume above says 22nd oct but that's a sunday so must be wrong?

 

dx


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Ah yes, it's 23rd October, not 22nd?!

 

Also....I posted the above in haste, I'm rushing and it's all wrong. This is my second attempt.

 

 

Particulars of claim for reference only

 

1.The Claimant’s Claim is for the sum of £900 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 Ltd t/a Payday UK under account reference xxxx and assigned to the Claimant on 09/12/2016, notice of which has been given to the defendant.

 

2.The defendant 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 statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.19) from the date of assignment of the agreement to 19/10/2017 being an amount of £100

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

 

2. Paragraph 1 is denied. I have in the past had financial dealings with Instant Cash loans Ltd t/a Payday UK however I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 1 is noted although I can’t recall receiving a Notice of Assignment from December 2016.

 

4. Paragraph 2 is noted although I have no recollection of ever receiving a Default Notice or Notice of intention to serve a DN.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request.

 

(a) show how the Defendant has entered into an agreement ; and

(b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Edited

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due Friday by 4pm.


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Thank you. You guys are great.

 

I did just have a letter back today from BW:

 

“We note your request for the relevant documentation to confirm your liability towards the current balance due, however we can confirm a claim form was issued through the Country Court at Northampton and was deemed served on 30th October 2017.

 

The response pack to the claim form will now need to be competed and returned with either your admission or defence.”

 

Although this isn't really saying anything is it??

 

Am I ok to now go ahead and submit the above defence, is there anything else I need to do?

 

Thank you

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just ignore that


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Done.

 

Thank you both. I'll be back for some more financial therapy soon.

 

:help:

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Hi there...I'm back for some help. I'm at a bit of a low eb with this.

 

So I've received back 4 separate bits of post:

 

1. A Notice of Proposed Allocation to the Small Claims Track

2. A letter from BW outlining PRAC's position along with a mocked up 'statement of account'

3. A copy of the original credit agreement, from BW

4. A copy of the directions questionnaire, from BW.

 

I have to have the questionnaire sent back next week – can you help me proceed.

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scan up 2+3 to ONE multipage PDF

read upload.

 

return the N180

yes to mediation

1 wit - you!

the rest id obv

 

send

I copy to the court

1 copy to BW [omit email/phone/sig]

 

1 for your file


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Happy New Year! Hope you all had a lovely break.

 

Xmas has really slowed me down with the above but I'll get these docs scanned and up tomorrow.

 

I've since had an email for mediation appointment.

 

(Another question...do you think *they* read all these posts? That really gives me the creeps!)

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two words...so what?

 

we've never had a case lost due to that...


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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