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barafear799

PRAC/BW claimform - Instant Cash Loans Ltd t/a Payday UK***Claim Dismissed***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 459 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Well done. I have an upcoming case too - so will double check on a few points.

 

Quick Q:

Is the default and NOA important if they are not mentioned in the POC?

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yes fatal to them


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Thanks fko;

My case is very well advanced.

 

I have tried to deal with the case so far using info from other threads and also from my own personal experiences - but I have now reached a juncture where I am out of my depth and need some guidance please.

 

I have a court case at my local court next month.

This was set on a date in early March, despite the fact I included "first two weeks of March" as dates on which I would be unavailable.

 

I have already been through the Mediation process

- which was effectively a waste of time;

 

at the time of the mediation appointment,

BW had still not sent me a copy of the original credit agreement

- I had accepted mediation on the basis it would be received before the mediation appt.

 

There was more than two weeks between "accepting mediation" and the actual mediation appt.

No credit agreement forthcoming.

 

Then I get the call from the mediator to say that BW have just emailed the credit agreement to her

- she would forward onto me

- this left me with no time to analyse.

 

I did get a few days afterwards to accept BW's offer of "settlement"

- however, their offer was "poor"

- effectively just knocking off the legal fees they had added on.

 

Clearly, I have a lot to upload

- I'm trying to get things clear in my head to summarise on here to allow you guys to offer me some assistance.

 

I may have made a mistake

- I had the letter informing me of the court case date

- but no form/direction as to how to complete a witness statement

- other than a "date"

- it would therefore seem I may have missed this date.

 

Yesterday I received BW's WS

- a hefty pack detailing all the paperwork.

 

I might need to start from the beginning

 

This is what the POC stated on original claim form:

 

1.The Claimant's Claim is for the sum of £xxx.xx being monies due from the Defendant under a loan agreement regulated by the CCA 1974 between the Defendant and Instant Cash Loans Ltd t/a Payday UK under account reference xxxxxx

and assigned to the Claimant on 09/12/2016, notice of which has been given to the defendant.

 

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to sec 69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to 16/08/2017.

 

Copy of the "long awaited" credit agreement they sent

 

I don't believe I have received any default notice or assignment

- although there is mention of the original assignment from the original creditor in their WS pack

- I will have a proper look.

 

However, their handling of the documents has been poor -

 

Can I use this to my advantage in court hearing?

 

I had a poor experience in court last year

- losing a case on all points despite the dirty tricks of DCAs and their solicitors.

 

I would prefer to be better prepared this time.

 

They do seem somewhat closed to accepting any reasonable offer

- so I think it's a fight to the end.

Any assistance much appreciated.

 

Many thanks

bwlegloanaggredact_redacted.pdf

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Post 2

 

What date is this hearing please?


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Sounds like your missing the N157 Notice of Allocation (you receive this after you have submitted your DQ)..or is this a an application for strike out/summary judgment ? which no directions are provided.

 

 

Andy


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thread title updated


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Sounds like your missing the N157 Notice of Allocation (you receive this after you have submitted your DQ)..or is this a an application for strike out/summary judgment ? which no directions are provided.

 

 

Andy

 

Thanks for the responses from others - but to respond specifically on this point:

 

I did receive the N157 form - allocation to my local court.

The court date is within the first 5 days of March (don't want to state exact date incase BW are reading).

 

At the time of receiving the N157, I was slightly confused - it stated that the claimant had not yet paid the trial fee of £115 and unless it was paid by 2nd Feb, the claim would be struck out

- I have called the court and they did pay

- so it's still on.

 

Within the N157, it states

 

"Having considered the papers in your case, the court believes that your case is suitable for mediation"

 

This was a bit strange as well given I had already been through the mediation process.

 

It then states:

 

"Each party must deliver to the other party and the court offices copies of all documents on which that party intends to rely at the hearing no later than 7 Feb 2018."

 

I did not understand as this being a Witness Statement

- I was waiting/looking for a form/template? (similar to DQ)

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Just found copy of my DQ - thought I was going mad - so what's the point of filling this section in if the court just allocates the date in this period anyway?

DQ Dates unavailable.JPG

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opps better get moving then.

 

you ,might be ok

given LiP's get certain leeway.

 

plenty of PDL claimform witness statements in this forum


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Should I be referring to their WS and trying to "rebut"?

It's not like anything in their WS is going to be very new?

 

Is it worth upload their WS? (or part of it anyway)

- given the fact it is quite bulky

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FKO> Thank you. And are you still in deliberations with BW yourself?

 

As for my upload - it is quite lengthy.

 

First time I properly read through it

- I did look at it when I received it in the post yesterday

- but it was late and hardly bedtime reading!!

 

On closer inspection, CAG get a mention!! And others - where I also requested some guidance.

 

Clearly their WS is suggesting that people that seek help online are somehow exempt from being able to defend their case in court and that DCAs like BW/PRAC are the salt of the earth and should be held in high esteem in every court up and down the land.

 

REferring to the other recent case won against BW - seems like they are prone to making the same mistakes.

 

Anyway - any assistance greatly appreciated.

claimants ws.pdf

Edited by dx100uk
pdf pages rotated -dx

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Wow... Just wow...

Need to check a few things...

 

They have supplied a template DN from what I see?...

 

And yes... I am in deliberation with them but won't say much more for now...

 

Their statement... Look at it...

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Probably found it on the internet like I did for my defence!!

they also try to explain in their WS why it's ok!! (Ok for them but not for us!)

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just trying to divert attention away from the fact that the DN is a template

which they have already lost over already at least twice now is it??

 

if they can produce generic templated speculative claimforms 1000's of times each week trying to gain knee jerk cough ups or default judgements

then so can you use generic defences and document request templates.


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Correct and there is nothing against you seeking advice from consumer groups... Or legal advice...

IMHO I think you need to go and plead your case... You still haven't cottoned on about the statement they have provided... Riddled with faults...

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Upload unapproved as it clearly identifies your postings on other websites and also posting our defences to them for their consideration.


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worthy to note page 19 of their WS say

existing customer...

so you'd had previous loans with them...was this a rollover/refinance?


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I apologise Andy.

I wanted to include their whole WS - incl the references to CAG and other sites.

 

Would it be ok to edit those out?

 

Can you please advise?

 

Many thanks.

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worthy to note page 19 of their WS say

existing customer...

so you'd had previous loans with them...was this a rollover/refinance?

 

Yes, that is correct. It would have been a new loan - rather than rollover.

My defence stated I'd had previous dealings with them, but not agreeing to the particular agreement number of this case.

 

However, their WS states "the defendent entered into an agreement with the originating creditor, the Defendent does not deny this".

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Working on it. Given I am "late", would this be accepted as verbal evidence, if the WS was not accepted for being late?

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