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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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PRAC/BWLegal re old PayDay UK loan - will court action be taken.


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Hello All

 

In 2012 I took out a payday loan with PaydayUK for the sum of £400.

 

At the time of taking the loan out I was on a low income and I wasn’t able to pay my rent

 

I took out the loan to cover rent costs

- stupid idea I know but at the time I had no other way of getting the money

 

I didn’t pay this loan back as I couldn’t afford too.

 

I vaguely remember contacting them to advise them of this but they were really unhelpful and I just ended up not paying and I heard nothing for 5 years.

 

In December 2016 I received a letter from PRAC/BW Legal saying they have purchased the debt

- I ignored this and heard nothing further up until now

 

. I have received 2 emails from them also

- they were just copies of the letters I had received in the post

 

The most recent letter (final request for payment)states that if I don’t contact them within 14 days, my account may considered for legal action and it states that the next letter I receive will be a letter of claim prior to the issuing of a county court claim

 

BW claim I owe £420 and I think this is incorrect

. I decided to check my credit reports and my bank account.

 

On my credit report it states I borrowed £500 and I know for a fact I did not take that amount.

 

I also checked my bank statements and it shows the payment of £400 which was paid in

- and it also shows that they had taken a total Of £314 over various payments with my card from February to May 2012 as they had CPA -

 

I remember at one point they completely cleared my account and they gave a me a measly refund of £34

 

- I remember calling them angrily as they’d completely emptied my account and stated that they would keep on taking money from my account so I think I may have cancelled my card.

 

I have not made any other payments and I have not had any contact with payday uk or PRAC/BW Legal

 

I’m assuming they are getting heavy handed as I’m pretty sure it’s getting close to the 6 Years (not sure how I would find out when the 6 years is up)

 

Just wanted to know what action I should take?

 

What is likelihood of them actually taking me to court

 

Any advice will be greatly greatly appreciated

 

Thank you in advance

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We start finding out when the last payment was made please. Have you ever since that time ever acknowledged the debt?

 

Also, please can you fill this out

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This will be a pre action protocol letter

You must reply within 30 days

You have a response form and an I+e sheet too?

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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not yet, it seems

The most recent letter (final request for payment)states that if I don’t contact them within 14 days, my account may considered for legal action and it states that the next letter I receive will be a letter of claimlink3.gif prior to the issuing of a county courtlink3.gif claim
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Oops no its neither a claim form

Nor a pap letter

 

It a threat-o-gram

 

I'd be getting an irresponsible lending claim going against the original creditor if your credit file was shot at the time

 

Follow this

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step

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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Thanks for responding both :-)

 

dx - sorry I’m confused.

 

There was nothing else with the letter,

no I&E form or response form.

 

It just just says call them and set up arrangement and it also explains how to pay.

 

The letter states

- final request.

 

Arrangement for your balance of £420 needs to be paid within 14 days,

failing which your account will be considered for legal action.

 

The next letter you will receive from us will be a letter of claim prior to the issuing of a county court claim

 

Bankfodder

- according to my bank statement they last took a payment from my account in May 2012

- I have never corresponded or acknowledged since

 

Oh thanks dx.

Just seen your second response.

Credit was shot?

Sorry, I’m not aware of all the slang etc

 

I will check out the link - is it a good idea to do this?

Don’t want to reset the clock etc

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It may also be that they are not familiar with – or they are ignoring – the new pre-action protocol.

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Oh thanks dx. Just seen your second response. Credit was shot? Sorry, I’m not aware of all the slang etc

 

I will check out the link - is it a good idea to do this? Don’t want to reset the clock etc

there may be a case for irresponsible lending if you had unsustainable/unaffordable credit etc at the time they lended. (see the guide)

 

from what you say, any statute bar would be around 6 odd months time. can it be sat out till then?

maybe wait to see if they do end up doing a formal letter of claim, take it from there.

or, in the meantime, maybe consider a lending claim (which would involve an acknowledgement). but, which if successful might see much of it written off.

what were your credit circumstances at the time they lended.

have you checked your credit file.

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Shall I wait this out and see if I hear anything further

or should I get an Irresponsible lending claim in as dx suggested?

 

I don’t agree with the amount they’re suggesting I owe

Should I be requesting original credit agreement etc?

 

Hi Ford. Thanks for responding

 

My credit was bad at the time as I had Wonga loans too and my income was low

- I may not have told them this though as I was so desperate at the time.

 

I was thinking of doing that.

Maybe sitting it out until something more formal comes through and then taking it from there.

What do you think?

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Skielah - I have an ongoing fraud case with BW Legal and they are a nasty bunch - Trust me on this.

Raise it with the OC and read our guide.

 

Please do upload the letter.

 

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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Really appreciate your help so far.

 

Ford & fko - I’ll attempt to upload. I’m no good with tech lol

 

Fko I can imagine. I’ve read some horror stories about them :( I’m not even sure I have the energy to deal with them

 

I’ve looked at the IL link but need to sit down and read it properly.

 

Ford. Apologies if I don’t sound the brightest here but what am I checking for on my credit report? To see if they provided checks etc?

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Get that IL complaint running to the OC

Doesn't reset anything

And will wipe the debt and you may get money back too!!

 

Await the PAP letter from B w

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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Dx - I will do this - is there any template letters anywhere that I can have a look at before I start letter? Also - what’s a PAP letter? Sorry. I’m so new to this. I don’t know all the terminology :oops:

 

Fko - thank you so much. I’m going to have a thorough read now and I will let you know how I get on

 

Thank you both so much

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PAP re action protocol they mention in their letter...

all the docs you need are in the IR guide

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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Oh dx/fko apologies.

 

I didn’t mention in my original post that I had since moved address which probably explains why I never heard from them.

 

They are writing to address I currently reside

so if I am to complain about irresponsible lending

do I give the old address at which the loan was taken out at or do I give current one?

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current one

 

you also need to inform all the owners of your other old debts you've moved

else you'll get a backdoor CCJ

 

copy your IR letter to BW in this case

so they are aware of your correct address

or send then a CCA request

you must act!

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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Share on other sites

Thanks dx. I don’t have any other debts so I shouldn’t get any back door ccj’s

 

Its BW that are writing to me at my current address - I didn’t make that clear sorry.

 

So just to confirm. I’m writing to paydayuk directly and providing them with current address and I’m also sending bw the same letter advising them of what I’m doing and providing them my current address too?

 

Did that make sense?

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if you did not inform the original creditor of your move

then you MUST write to BW legal and tell them.

 

you could short circuit the need for that by sending PRAC a CCA request

that will kill 2 birds.

 

you still regardless - get the IL claim running to the OC

[My credit was bad at the time as I had Wonga loans too and my income was low

- I may not have told them this though as I was so desperate at the time.

]

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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If you correspond with CRAP Financial (Sorry my fingers slipped) then expect to hear back from Broken Whiney Legal...

Please do keep us updated.

 

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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Just going to jump in here regarding updating Address with BW Legal.

 

Be prepared to write a very blunt letter and begin BW Legals "Complaints Procedure" if you want them to update your address. I've informed them 3 times I have moved home and yet they still persist on writing to my old address. The outfit in question are not very bright so you should make sure that should you send them a complaint, it is in terms that a drunk monkey would understand. Here is an example:

 

Dear Sirs,

 

It has been brought to my attention that despite at least 3 requests to update my contact details you have failed to do so.

 

 

Despite the above, your previous 2 letters were addressed to my previous address and were fortunately redirected to me by Royal Mail, who can actually perform the task they were contracted to do... These last 2 letters were both sent after my verbal request to change my address and 1 sent after written confirmation of my new address.

 

Updating a customer’s records and contact details is not rocket science and is the type of task capable of a small child. More importantly it is also a legal requirement under The Data Protection Act 1998. So I am baffled as to why you seem completely incapable of performeing the most mundane of tasks. I therefore wish for this to be investigated and demand that you update my address on your records for this alleged account.

 

Under The Data Protection Act 1998 Schedule 1, Part 1, Paragraph 4 you are required to make sure: “Personal data shall be accurate and, where necessary, kept up to date.” as you have failed to keep my records updated you are failing under your obligations of the Data Protection Act 1998.

 

I will only correspond to communication sent to this address directly. If you do not update my details and continue to use my old address; any correspondence sent to my previous address will be returned to you and the matter will be referred to the Information Commissioners Office and any other regulatory body to whom it would be appropriate to inform.

 

I do not acknowledge this debt and now consider this account in dispute.

 

Due to your incompetence I have also written to your client "CRAP Financial” asking them to make sure their records are also accurate and to inform them of your poor conduct. I have included a copy of that correspondence within this letter as it's clear you struggle with simple tasks and I'd hate for there to be any further confusion or misunderstandings.

 

Please respond by letter within the next 30 days to confirm you are able to update my alleged account details. Please also send me a copy of your complaints procedure. If you are unable to update these details I expect you to provide a final response and a detailed explanation of why you are unable to comply with the Law. I expect this response within the above time frame.

 

If you do write to them then you should absolutely get proof of posting and keep that somewhere safe, It's available free of charge from any Post Office or Post Office Counter. Do this Especially if you send them a CCA Request as you will need that should they secure a Backdoor CCJ in any way.

 

Should you end up needing to make a complaint then also be prepared to inform the ICO as they have a legal requirement to update addresses under the DPA 1998.

This is how I spend most of my life :ranger:

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