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

[Skielah]

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

[BankFodder]

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

[dx100uk]

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?

[Guest]

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 claim prior to the issuing of a county court claim

[dx100uk]

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

[Skielah]

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

[BankFodder]

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

[Guest]

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.

[Skielah]

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?

[Guest]

lenders are supposed to do checks

have a look at the guide, see what you think about irr lending

what does your credit file show

upload their letter, lets have a look see what its about

[fkofilee]

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.

[Skielah]

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?

[dx100uk]

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

[fkofilee]

Skielah - I wrote the irresponsible lending guide for CAG

If you have any questions please shoot... Ill be happy to answer.

[Skielah]

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

 

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

[dx100uk]

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

all the docs you need are in the IR guide

[Skielah]

Excellent dx. Thanks so much for your help and assistance so far

 

I will keep you all updated and will post back if I hear anything further from B W

[Skielah]

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?

[dx100uk]

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!

[Skielah]

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?

[dx100uk]

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.

]

[Skielah]

Ok thank you - will get on it as soon as possible.

 

Thanks for all your help

[fkofilee]

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

Please do keep us updated.

[Skielah]

Lol fko I’ll definitely keep you all posted. Thanks for helping so far

[nuclearshark]

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.