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PRAC/BW Claimform - THE MONEY SHOP PDL DEBT

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Hi just to summarise this was from a payday loan on 12/04/2013 from the money shop. Bw legal have issued a claim form stating their client is PRAC Financial .

 

Name of the Claimant ? prac finance

 

Date of issue – 15th April 2019

 

Particulars of Claim

 

What is the claim for –

 

I had taken a payday loan from the Money shop in April 2013, i had a lot of other payday loans running and other financial commitments at the time and could not pay.

 

What is the total value of the claim? £449.63

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No, prior letter before Christmas was a discount offer letter.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? No


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 ? After 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? In branch

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

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. Account assigned to purchaser and they have instructed Bw legal to take action

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? I cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No but have not updated address.

 

Why did you cease payments? Too many loans at the same time trying to borrow to pay others off, other financial commitments with bigger payday bully loan companies

 

What was the date of your last payment? Never

 

Was there a dispute with the original creditor that remains unresolved? Not that i know of but i am aware i could probably send them an IRL letter.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

Have done aos today ( 08/05/19) not sure if too late , have got the draft CPR & CCA requests ready to print in library to send off tomorrow.

 

thanks

 

 

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full particulars of claim please verbatim

 

date issued?

date of agreement [exactly please]

 

have you not started IRL complaints on every PDL as advised on your other thread weeks ago?
 


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Sorry I thought it was in there 15th April 2019

 

thanks

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POC?

 


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Date of agreement is 12/03/2013 

date of issue is 15th April 2019 

 

I will add particulars of claim when I am back to a computer hopefully this evening 

 

I had every intention to do IRL but I have had a lot to do in life at the minute my relative was put in hospital due to their debts not so long ago and with your help I won a case for them. 

 

Thanks again

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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
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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 [1 in the count]
 


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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Hi I have sent CCA to PRAC & CPR to BW legal yesterday by special next day signed for delivery so they should sign for it by 1pm. 

 

Will add particulars of claim this afternoon ,

I did the MCOL but I did tick contest jurisdiction I hope this doesn’t make a difference …

 

am I right in thinking I have until 15th May to file defence?

And is statue Barr a possible defence ?

 

Not sure where to go with my defence about being an irl, or could I say I am in dispute with the original creditor because it was an IRL?

 

I am sure u will be able to help me more when I add POC and I would like to thank you once again for all your previous help words can’t describe the relief from my relative from getting her CCJ discontinued.

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Acknowledgment of service should have been done by 3rd May 2019...defence is due Friday 17th May by 400pm.

 

Andy


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Hi Andy thanks for the reply , so am I right in thinking because I did a late AOS I could be getting a judgement by default? 

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Thanks : had a letter from BW legal today saying I have until 26th May to get in touch with a payment plan or reason for non payment or they will continue with the ccj... it’s far 2 quick for a response of the cpr letter though as they will have only received it today ?

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ignore

 

get researching your defence.

when did you take this loan out please?

 

 


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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so you never paid anything on this?

 

then its statute Barred

 

file our SB defence.

end of the matter


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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Correct I have not paid anything on this , and thanks I will get right to it .

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Hi just an update, i filed an SB defence, and i am now being offered mediation ? i looked again and the date was 12/04/2013 not 12/03/2013...

 

They never responded to my cpr or cca request i sent this via next day recorded delivery in may sometime.

 

Any ideas what to do next? thanks

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Offered mediation by whom?

You mean youve now got an n180 from northants bulk court??

 

Dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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i received a letter from the court ( i cant remember what it was called )

but the claimant had ticked for mediation ,

 

i replied ticking mediation too.

 

I received an email from a company offering mediation on 28/08/2019..

The company is here Email: scmreferrals@justice.gov.uk
Post: Small Claims Mediation, HMCTS, PO Box 8793, Leicester, LE1 8BN

 

I was just going to tell this company that i hadn't received  a cca request reply or a cpr reply and the debt is probably statute barred.. but haven't got round to contacting this mediation company as i am unsure what to do/say

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Should tick no to mediation on the DQ N180 when submitting a statute barred defence...nothing to mediate over.

This is what happens when you fail to come back for advice for 4 months and submit forms without checking.

 

Andy


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

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Oh dear. Is it pretty much over for me now ? I can surely reject mediation as i don't meet the requirements for mediation.

 

Which are:

1. For mediation to be successful you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility. Can you agree to this?
2. Can you confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

Mediation is only available to you if you can answer YES to both statements above. If you cannot answer YES to both statements, mediation is NOT suitable for your case.

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just reply that you now refuse mediation as he debt is statute barred

nothing to mediate over

 

hasn't hurt you much

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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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i replied, now have a letter saying a hearing (date tbc) at my local court. There is a slight possibility i entered into a £1 a month agreement with the orig creditor some number of years ago which only crossed my mind today : ( . I didn't recieve any reply to cpr or cca request from account holder some number of months ago. will this go in my favour? not lookng forward to a court hearing. thanks

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Ring the oc and ask then


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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Found out that i have made them payments via stepchange.. the last payment was 3rd june 2014... am i totally screwed now ?

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No.

Have they relied to cca/cpr??


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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