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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • 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 to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try 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 amendments suggested above – it should be the final version. court,. 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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Lots of PDL Debts that are not mine - all fraud


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Not my debt fraud hat trick

 

I have been reading some of the past posts and found them very helpful.

But I would like some help with my own problem set out below

 

About five years ago the payday loan company Wonga sent me a letter claiming I owed them money.

 

It turned out someone had used my name to take out a loan.

With the help of my bank and a representative from Wonga it was established that they did not have my banking details and had not taken any money out of my account.

 

I was asked to contact the police by Wonga to report an identity fraud.

The police said because I had not lost anything to the fraudster it did not warrant a crime number but the incident would be logged.

Although I ‘am sure I would not have thrown the letters away, I cannot find them.

 

Early this year I was contacted by B W Legal representing PRAC financial, claiming they had acquired a debt from Instant cash loans ltd. T/A Payday Express.

 

I owed them £850.80 No other details about the loan were in the demand.

I ignored their letters as I have never had any Payday loans in my life.

I have never had any letters or any contact with Payday Express.

 

It turns out when they threatened me with court action the details in the letter of claim

i.e. the date the agreement was signed coincided with the time of the I.D. fraud with Wonga.

The 26th of November 2012.

 

In June I received a letter from Moriarty law representing Motormile finance Limited (MMF).

They claimed I owe them £468.87 from a debt they acquired from Lending Stream Limited, again no information on the debt.

 

I sent a prove it letter and a supposedly copy of the agreement with my name and address on it arrived,

The date the loan was taken out is the same as the other loan 26th November 2012.

 

I have not lost any money but the threats from the debt collection agencies to take me to court and wreck my credit rating have made life in the past months stressful and unpleasant.

 

How many other loans have been taken out in my name?

I do not know

 

Thanks d.bick

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register each case of attempted fraud with action fraud.

 

then send each powerless DCA that ref number.

 

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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Of course the police were completely wrong not to a given you a crime number. There does not need to be a loss in order for there to have been a crime. This is just lazy policing.

 

In addition to the information above, please read up about the new pre-action protocol in order to discover how anyone who threatens you with legal action for debt should conduct the initial correspondence.

 

According to my understanding of the pre-action protocol (it's new) you have 30 days to respond to their initial letter – but this is assuming that they understand the new pre-action protocol and so far we have had a couple of stories here where clearly they don't and in particular Motor Mile Finance have just issued at least one claim to somebody who they contacted and gave them barely 14 days to respond – thus breaching the pre-action protocol. Whether this company and others simply don't know the new rules (very possible) or they have decided simply to ride roughshod over them (also very possible) I have no idea.

 

In order to protect yourself I suggest that you send an immediate acknowledgement to these debt collection agencies and asked them specifically have they embarked on the pre-action protocol and they know what the new rules are since 1 October 2017. Then when you get your Action Fraud reference number, send it to them with an explanation that you are the victim of identity theft.

 

Obviously it's a shame that you thrown away the correspondence. I suggest that you start off by sending an SAR to Wonga to see if you can get copies of any of the documents relating to this that they might have on file. Also I suggest that you notify the credit reference agencies that you have been the victim of identity fraud. Supply them with the action fraud reference number.

 

A lot of these people are tempted simply to try and start legal action in the hope of getting a stealth judgement against you because you don't respond. If I were you I would start establishing that they understand the new pre-action protocol and that you respond so that you stay within its rules. This should give you some kind of safeguarding – although maybe not very much.

 

Make sure you have read the pre-action protocol and you understand what to do. My understanding is – and this needs checking – that they initiate correspondence with you and you have up to 30 days to respond. They then have up to 30 days to respond back. You then have a further 30 days to respond to them and if there is no agreement then they can issue a letter before claim giving you 14 days before bringing a legal action. Please check this because it's new and I haven't read it thoroughly. If I'm right, then this could mean that you have up to 90 days if each of you responds at the end of 30 days and then plus the 14 days letter of claim.

 

Of course, they may will want to reduce the time and that means that if you respond on day 28, they may then respond back to you on day three. If you then respond again on day 28 that means that the pre-action protocol would have been finished with in about 60 days. On my understanding of the new pre-action protocol this is about the shortest it could go. Then the 14 days LBA.

 

When you contact action fraud I suggest that you contact them separately for each piece of identity fraud. Get separate reference numbers. Don't let them confuse the issue by trying to lump it together – which is very possibly what they would do. Action fraud I to useless and I have to say in our dealings with them here, I find that they can get arsey and they are next to useless.

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Thanks for the information

B W Legal / PRAC still looking for the agreement

Moriarty law / MMF sent the agreement Thursday 26-11-2017

Moriarty law are investigating my complaint. Re: Lack of information on first contact with me. I have also asked why do they use the Lexel logo on their paper work when they a not on the accredited list.

d.bick

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If you need any advice on PDLs. ID Fraud or Dealing with BW Legal, please do let us know.

 

 

When you have your Actionfraud references, keep them to hand. If they go for legal and it gets past the PAP, then you use the reference and explain to the judge the situation (If it ever gets that far)

 

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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I have found all the comments reassuring. Will keep you all informed of the progress Many thanks

d.bick

 

We have had another case recently where it is going through the PAP process and BW Legal sent a 5 Question form to fill in and sign. You dont have to fill this in.

Just keep the Actionfraud ref along with all paperwork you have.

It appears that ICL / PDE didnt really do very good fraud checks and weve seen a few loans in this situation.

 

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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I have contacted Action fraud today (Monday 27-11-2017) I started off with a web chat.

This was answered very quickly.

The lady on the other end of the keyboard answered all my question and where to go on the action fraud site and even gave me the link.

 

Now my lad calls me sausage fingers.

I am more used to swinging a big hammer than one finger typing,

I got in a bit of a mess,

it does not like you changing answers and when you get to the bit have you reported it to the man that lent the money I Messed it up.

 

I now know what it’s like to report fraud on the phone.

The man on the other end was Scottish and I am from the Black country (Yam Yam) or the midlands where some people say we dow spake proper.

So it may have taken a little longer than usual.

 

Not sure if he was on his own or whether there is a lot of fraud taking place but it did take a long time to get through.

Still very helpful and he did treat me with respect.

Asked where I had found Action fraud and I told him from this Consumer Action Group.

 

Reference numbers obtained and sent to B W Legal and Moriarty law telling them I have been a victim of Identity fraud.

And their client have a fraudulent account.

 

I have told them to remove any nasty things on my credit rating as the man at Action fraud said I could report them.

 

Will keep you all informed

Thanks

d.bick

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I have just had this letter of Moriarty law, which I have re-typed out below

 

 

Dear Mr *****

Thank you for your letter dated 27th November 2017

I can confirm that we have closed this account is now closed on our files and returned to our client.

For the avoidance of doubt, we are no longer instructed on this matter and any future quires should be directed to our client

Yours faithfully

Moriarty Law

 

Does this mean I can cross MMF of my Christmas card list?

Thanks

d.bick

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B W LEGAL response to Action fraud ref number

 

As predicted by fkofilee

I have received a letter from B W Legal

Not sure if this is a template letter

or they just don’t believe me when I have sent them an Action fraud reference number.

Telling them I have been a victim of I.D. theft.

 

Their letter refers to the loan ALLEGEDLY taken out fraudulently.

They will investigate this ALLEGATION after I have filled out a five question form relevant to my ALLEGATION.

This is so they investigate my ALLEGATION.

If they do not receive my completed form in 14 days it will be assumed that I have retracted my ALLEGATION

and they or should I say there client PRAC can carry on pursuing me for the balance.

This is a shortened version of their letter.

 

I think to write these disturbing words shows how uncaring B W Legal and the other company PRAC financial are.

I know it’s been said I don’t have to fill in the form (“FORM”)

not sure why the form is put in brackets does it make it more important.

 

But I want a rant at them for sending me such an unbelieving letter

and I will be asking for their complaints procedure and one of their complaint (“FORMS”).

d.bick

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well don't.

ignore them now

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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  • 3 weeks later...

Had B W Legal sent me a Christmas card? NO. It turns out its my annual statement from PRAC you still owe me money letter. No acknowledgement about the Action Fraud reference number I gave them. Just blindly going about their business making peoples lives a misery. Bah humbug.

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It should be easy to resolve.

You make a complaint in writing to BW Legal saying that you will be referring their debt collection activity to the FOS and ask them for their final letter of response, so the complaint can be immediately passed to the FOS.

 

Or if you have complained already and BW Legal have ignored you, then you just contact the FOS with details of the complaint.

The FOS should resolve, but you might have to really push them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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UB - While i agree this is the right option with most - BW Legal it is not so...

The only true way to get them to understand the lemons they have is to let it go legal...

OP has already done whats required

- I dont think that anything else is required atm....

 

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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d.bick

 

Do you have the letter they sent you with the Fraud Statement? Would you mind posting it up minus personal info...

I want to see it...

 

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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read upload pdf please

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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Have you checked to see if there is any markers on your Credit File from this lot.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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