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


Jess85
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You are reliant on the Judge Lottery...and with this beautiful weather he/she may be itching to get on the golf course :|

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Sorry, I'm typing quick because I'm on the move, but I'll update fully later.

 

It's worth a mention though, that I didn't win based on my argument (lack of original default notice) but rather the bad-assery of the female judge who pulled apart some other stuff.

 

Thrilled and THANK YOU for inspiring me to be strong. I will of course be making a donation.

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Well done Jess

 

Thread title amended.

 

Regards

 

Andy

We could do with some help from you.

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So, more detail:

 

The judge said that even though they didn't have the original default notice, she knew of no reason / case law why the one that they had issued themselves, after being assigned the debt, wasn't valid. (This default notice is shown in #36 if you need reminding of it.) She went through the wording/dates etc of that with a fine tooth comb and said in the absence of the original, which the claimant had already admitted they couldn't obtain, issuing their own was valid to pursue?! I think this is an important point for anyone else reading this who are defending a similar claim as I was relying on the fact they couldn't issue their own!

 

More on the topic of a default notice though, it was then argued by BW that in this instance a default notice wasn't even needed as there was no agreement to terminate as such (short term loan) and that the DN they had issued was more a chance for me to rectify rather than being vaild to enforce the debt - they went back and forth on this over Section 87 and discussed the 'end' point of an agreement in relation to interest being added and the debt being assigned etc. Lost me a bit here, but the DJ didn't knock it out of the water it seemed that one wasn't needed.

 

It was the agreement though that was fatal due to MEM financial being signed on the agreement and that the claim was issued in respect of a debt with Instant Cash Loans (TA PDUK). They discussed the assignment of the debt in a bit of dept, but the DJ wasn't happy without seeing all the proof/debt sale agreement/deeds that these parties (MEM, ICL, PDUK) were all connected.

 

Hope that makes sense how I've explained it.

 

When summing up, the DJ did highlight the irony that it wasn't actually my singular argument about the DN that caused this claim to fail but other points that she was't satisfied with. In short, I think I came across pretty dumb and that the otherside appeared as smarmy chancers.

 

But I'll take the win!

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So I understand this right...

A loan issued under section 87 for which this loan is governed by doesn't have any agreement?

 

I'm confused 😕

 

These loans have a consumer credit agreement attached to them? So there is an agreement to terminate?

 

Either way not to worry... Well played on this one 😀

 

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**Fko-Filee**

Receptaculum Ignis

 

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Sec87 is soley regarding defaults and notices

A loan is not issued under 87

 

.

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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