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    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known.   I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
    • Hi, I have had to hand my notice into work this week due to my Manager telling me that I had lied to him. After we had a talk about it I received lots off emails asking about various things that needed sorted as someone else who I work with made such huge problems, so I was told to deal with it, which I have no issue with. I was also promised bonus money in April due to us doing so well and as off yet I have received nothing.  I was thinking about putting in a grievance but wanted to find out more before I do. I am still employed by them + am still on the payroll. Thanks in advance  
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lynzfa

PRAC/BW Claimform - old PaydayUK PDL Debt

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Hi just wondering if someone could help.

Ive received a letter from bw legal about a loan from.payday uk.

 

It was a loan i had years ago in my old name.

They have said they are issuing a claim in the county court without further notice if i dont pay the outstanding amount of £667.40 or £875.95 if it goes to court.

 

Is there anything i can do as i dont have the money to pay this

 

. I really need some help with this please.

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Thread moved to PayDay loan and other Short Term Loans forum:

 

How long ago is years ago Lynz and when did you last acknowledge or make a payment towards the debt ?

 

Regards

 

Andy


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I think it was about 6 or 7 years ago im not entirely sure. I think i made cintact with them aboit 3 year ago and offered them repayments of £1 per month as i did with all my debts but they refused

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Is it on your credit file?


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I have just looked on my noddle credit report as i never thought to check that. It says that debt is a closed account and says "Satisfied" which was on 01/01/2017 so not sure what i should.do next

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last payment date?


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I have just checked and the last payment they recieved was december 2016. It was a payment of £1 and it then says it was satisfied.debt the following month

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might say its satisfied but that because they sold it on and they zero the balance then

there should be an identical entry by the fleecers with the old outstand amount


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Ye its the same amount. So what can i do next i dont want it going to court

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who says you are?

its a threat-o-gram!!

 

all dca's can ever do

they are NOT BAILIFFS

and have

ZERO legal powers

 

what is the defaulted date from the credit file


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The default date is 01/08/2013. So does that mean they cant do the claim to the county court?

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no it doesn't but it means it will fall off your file aug 2019

 

they've got to produce enforceable paperwork first

 

who are bw legals client PRAC?


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Ive just been looking at my credit report again and the debt said settled from payday uk but there isnt one on from bw legal

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It was from payday uk. So do i just ignore the letter?

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BW legal are solicitors and always work for a stated client

should be on their letters I bet its PRAC?

wont be anything to do with payday UK they've sold the debt at the time of the default


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Ye it says PRAC on the letter

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Can someone help me please. Ive recieved a county court claim form through the post now, i dont know what to do or how to reply to it?

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Name of the Claimant ? PRAC Financial Ltd

 

Date of issue – 09 August 2018

 

Date to acknowledge - 27/08/18

 

 

Defence filing date - 10/09/18

 

Particulars of Claim

 

What is the claim for –

1. The claimants claim is for the sum of £667.40 being monies due from the defendant to the claimant under the loan agreement regulated by the Consumer Credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference xxxxxxxx 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 the statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum( a daily rate of £0.15) from the date of the assignment of the agreement to 06/08/2018 being an amount of £90.90

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Ithink i recieved a letter saying court action may be taken, i also told them i was making a claim for irresponsible lending so didnt think it would go as for as court claims.

What is the total value of the claim? £888.30

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday loan

When did you enter into the original agreement before or after April 2007 ? It was 04/10/2012

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? It shows on my credit file as satisfied 01/01/2017 which im assuming is when it was sold to PRAC

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser PRAC who has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont rememeber if i recieved a letter to say the debt had been sold

Did you receive a Default Notice from the original creditor? Not that i am aware of

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I havent recieved anything for a while, the claim is in my old surname so im not sure if thats why i havent been recieving any mail from them

Why did you cease payments? I couldnt afford the repayments

What was the date of your last payment? I think it was 04/2013

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? I wrote to everyone at that time that i owed money to as i was experiencing financial difficulties and was arranging repayment plans with everyone but never recieved a reply from them.

Edited by dx100uk
format /corrected dates

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please note corrected dates above for AOS and DEf.

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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I have done the AOS on MCOL. what do i need to do now. Sorry im not very clued up on all this

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erm..follow the rest of post 22???


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks, can i just check to send the CCA request do i send that to PRAC or payday uk?

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