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Jess85

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

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All to one multipage pdf please

Read upload


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Their's, including copies of docs, is almost 30 pages....do you want to see all that or shall I try and pick out the points?

 

Just their Witness statement ...normally 2/3/ pages......we will ask you for the exhibits once we see their statement.


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Thank you guys. Here is their WS....please let me know if I need to blank out any more info.

BW WS.pdf

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So no default notice then.... Fatal to their claim..:madgrin:


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Single Premium PPI Q&A Read Here

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No, but they seem pretty confident without it!

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they would say they are confident, to get you to fold and pay up

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And if you could scan and upload exhibits Jess ..... anything referring to agreement/default notice/notice of assignment...and current last statement.


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Here is the docs bundle.

 

I'd be so grateful if anyone gets chance to look at it this evening...I need to deliver my WS tomorrow. :!:

 

+65Mb of pdf file reduced to claimants WS .pdf

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Payday uk never defaulted my account it was left as arrangement to pay ,And it still is . have you checked your credit file?.

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right so we now have the DN

but the date has XX

is that how it came to you

or have you removed the date?

 

we need dates left in


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That's how it was sent – they have mentioned in their witness statement that because they are unable to access the DN, they have 'mocked' up what they think would have been sent at the time. Hence the xxx for dates.

 

I have blanked it out, but the account ref number on this DN too was also completely incorrect.

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ah the old template DN

no good in court.

 

seems to be their latest tactic

several legal threads mention template DN's


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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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Here is my WS – any comments would be gratefully received

 

XXXXXXXX

 

1. I am the defendant in the claim.

 

2. In response to the Claimant's Witness Statement:

 

On xx I requested relevant information from the Claimant under CPR rules on 26th October 2016, in particular, to get proof of a Default Notice and full disclosure on which the claimants claim relies upon (pages xx-xx-).

 

To date, I have not received the requested Default Notice, or evidence that a Default Notice was served.

 

3. In the Claimants Witness Statement (para 14-20, para 52, para 69), the Claimant states they have been unable to provide proof of a Default Notice or that one was ever sent, only speculating the date when one might have been served (para 14). The Claimant believes that the non-production of the Default Notice is not fatal to its case (para 70.)

 

Under section 87(1) of The consumer credit Act 1974 the Claimant must serve a default notice before they can demand payment under a regulated Credit Agreement. Failure to serve a default notice is an unlawful rescission of contract, which would not only prevent the Court enforcing any alleged debt, but also allow a claim for damages.

 

The claimant has not provided the Default Notice necessary to maintain this action against me and thereof this action must fail as it represents a denial of the consumer rights given to me under s.87 of the act.

 

The claimant refers to termination of the agreement (para 19) yet makes only a vague reference to when a valid Default Notice might have been served (para 14) – and are providing a reconstituted copy of this that they have created from a template (para16). There are no dates on this reconstituted Default Notice and the credit agreement number on this reconsitituted Default Notice bears no relation to the credit agreement number for which the Claimant is referring to in their claim.

 

The claimant is also unable to provide evidence or disclose any paper trail that a vaild default notice was ever served. It can only be adduced that the Originating Creditor never served said Notice on which is pivotal to the Claimant claim.

 

I the defendant will rely and refer to Woodchester v Swayne [1998] which demonstrates the importance of serving an effective default notice before taking 'the next step'. If financial institutions persist in treating the service of (and the evidence of the service of) default notices with contempt for debtors which in effect is allowing the creditor to overcome the protection afforded the consumer by sections 87 and 88 would be tantamount to permitting the creditor to circumvent the primary intention of the Act.

 

The claim should be dismissed as the claimant cannot prove a valid Default Notice was ever served.

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Hope you're all enjoying the sunshine!

 

Is there anything else I need to do prior to my hearing. Am I able to take someone with me?

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Yes you can take someone along with you...but they cant speak for you.

 

 

Andy


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Thank you...and are they likely to bring along anything to the hearing that wasn't disclosed in their WS? If they have stated they aren't able to obtain a copy of the DN, will this still be the situation at the hearing?

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They cant


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

spreadsheets 

 

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So my hearing is this week. Wish i could take a couple of you along with me in my handbag :-)

 

Joking aside, I have a couple of questions about my defence:

 

1. Considering they have provided an agreement and note of assignment, and only a reconstituted default notice, how are they likely to argue against the need for an original DN. Considering the outcome of this thread.... https://www.consumeractiongroup.co.uk/forum/showthread.php?486774-BW-Legal-Lowell-Vanquis-Court-hearing-in-2-days-received-witness-statement-only-this-week!-What-should-I-do/page5

2. Should I lose, what costs would I be looking at?

 

Thank you as always.

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Well there is no argument for a need for an original default notice..but they must be able to prove that one was issued to allow them to proceed to enforce the agreement.

 

Most of the costs are already listed on your claim form..there may be additional costs of their legal representation at the hearing...assuming they show up.


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Hi Jess

 

When is your hearing - I wish you the best of luck!! :)

Watching very closely.

 

Tomorrow!:!: Any advice for me?

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Unless hes offering 50% discount and a payment plan vis a Tomlin Order :-)

 

Avoids the costs and a possible CCJ


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Andy – Then you'd advise taking that?

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Andy – Then you'd advise taking that?

 

Well your relying on the DJ going with your Default Notice argument...some do some dont...even though you are legally entitled to make that argument and your defence is valid on that point.

 

If he does not and just wants you in and out of the court you get a CCJ for the full amount......if their Counsel make an offer you have saved half the debt and avoided a CCJ ?


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