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    • Hi all,   Could any of the site team (or experienced site membes) give me any guidance on the above defence .   I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time   Many thanks in advance x 
    • Sorry but sounds like early days if CWD and lately IDR. Been dealing with this since 2009 and still going on as well as those crazy collection agency’s in Dubai also still emailing to this day.    I set up a special email account where I have everything from CWD, IDR and all others so it’s all in one place and the laws that have been broken.  Upon discussions also with R. Sterling at detained in Dubai its also been helpful.    Currently with the FO with my complaints against the attempted collection of debt in the UK when it has not been passed through the correct channels regardless of what is in the T&C.    Personally I would not pay any ting until as people know that debt has been passed through the correct manner of courts in the UAE or indeed purchased by a UK company which then I will be happy to defend given the laws here and whT I have available.    Make sure to ask for everything when the time come all statements, extra charges terms at the time of supposed signing etc !    Listen to the team also 
    • I'm sorry the CAB have given me some terrible advice in the past, and some others on here.  Please do as Andyorch says above. do not use Moriaty's forms.  Do not fill in ANY income and Expenditure for Moriarty. They have no more right ot demand that from you than I do.
    • Why are you considering Bankruptcy...they have not even issued a court claim yet ?    Its vital you use our forms provided in the link ...not the ones Moriaty have sent you.
    • Its already statute barred in my book...the Statute of limitations is quite clear...its just that the Judge in this recent case with PRA is trying to move the goal posts for his DCA chums by stating the period of limitation begins when the creditor issues a default notice and the 14 days have elapsed...that is what he classes as the cause of action...not the fact that creditor have failed to serve a DN in over  8 years..decides to serve one now which in effect makes the statute barred limitation period since last payment 14 years.   The Limitations states that the period of six years starts with no payment or acknowledgment within 6 years from when the cause of action accrues ...accrues being the operative word...the Act does not state accrues starts from the issuance of the defect notice, .....it as always been the cause of accrues from the last missed contractual payment...thats what determines the cause of action.   But the CCA1974 states that a creditor is not entitled to enforce an agreement until a valid default notice is served...so this Judge in his wisdom has tried to fuse the two acts together...which is obviously nonsense.. he has not allowed for creditors who serve the notice late or not at all.
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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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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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