Jump to content


PRAC/BW claimform - old PaydayUK PDL Debt - ***Claim Dismissed***


minionherder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2263 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

So it means that new rules were in play

 

https://www.fca.org.uk/news/press-releases/fca-confirms-price-cap-rules-payday-lenders

 

Initial cost cap of 0.8% per day - Lowers the cost for most borrowers - Which means they can only charge once per day 1 lot of interest, By duplicating payments on days from that statement they would be in breach of this.

This would make the agreement unenforceable in certain capacities. Dopey Gits!

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

So far I can eliminate their default letter, account statement, theres no proof they posted assignment letters and there may even be proof they have faked up that statement, (I need to check figures when I get home).

 

Hearing tomorrow so I'll post an update then.

Link to post
Share on other sites

They can try.... Its judge dependent.

 

They can submit anything they want - They could submit a Letter saying that the CEO was incompetent at his job - Whether it is relevant or acceptable is for a judge to decide....

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Judge dismissed the claim on two main points.

 

No proof of either notice of assaignment or default being posted.

 

Also template default was in another business name.

 

He did say he'd have ruled against me if my arguement was soley that the default was a template as their advocate quoted a case (something vs kate someone sorry didnt note the exact case quoted) where a template was shown to contain the relevent terms.

 

Right at the start he almost dismissed due to them sending the docs late, perhaps he would have if I hadn't poked holes in the other evidence.

 

He didn't rule on the IL complaint as the FOS will do so eventually.

 

Alot of quoting Consumer credit act was done by all.

 

I would say to anyone reading this with a similar case make sure you see the default as mine had the name and address of the money shop instead of PDUK and the judge ruled if I had have received it with the incorrect logo and name I would have binned it.

 

Not sure if it was a mistake but I discussed it with the advocate before going in and he'd had time to pull up a few arguments agasinst me.

 

Really enjoyed the arguing and general court banter especially when their advocate tried to argue the templated default was an example of what would have been sent and I countered with a quote from their own witness statement where it was stated to be an exact copy of what was sent. Poor lad was stuttering after that trying to come up with a counter arguement.

 

Shook hands afterwards and apologised to the lad for beating him on technicalities.

Link to post
Share on other sites

Well played... Honestly never speak to the Rep before you go in (They are there to win)

Ill be noting all this down for when i have to deal with them :p

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Excellent result

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

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...