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PRAC/BW PAP Letter - Instant Cash Lones LTD t/a Pay Day Express debt - ID Theft?

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Hey CAG,

I've had a letter from BW legal today claiming that I owe the sum of £182.

I had a letter from another DCA about 18 month's ago for the same debt (Instant Cash Lones LTD t/a Pay Day Express).

I've never had a payday loan other than from wonga in about 2010 which was paid back in full. 

 

Upon speaking to their telephone advisor they told me the are unable to pass security as the DOB they hold on file is different to the one on the account.

I sent them proof of my DOB to prove to them it's not me and they've now updated the DOB on file to mine. 

 

They say I have until the 27th of july to pay up else they'll be taking me to court for a debt that's not mine. 

 

Any idea what I can do here or what my next steps are or should I just pay it to protect my credit file?

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Hi and Welcome to CAG Dave.

 

Have you checked your Credit files to see if this debt is registered already ?

 

Andy


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Hi Andy,

 

No debt on my credit file for this.

 

 

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deleted, not relavent


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Who is the client? PRAC Financial maybe? 

Did they have your address before you updated your DOB with them. 

 

So this is potentially ID Fraud then? 

Raise a formal complaint with them and also raise with the ICO - That should hopefully stop legal action temporarily. 

Did you get a Letter Of Claim?


 

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**Fko-Filee**

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Yes it's PRAC,

 

Yes but they said they traced me to this address not that the address was linked to the loan agreement.

 

Yes it was a letter of claim.

 

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you must respond to the letter of claim 

 

tell us anything more you know and well help you.

 

moved to payday express forum

thread title updated for clarity

 


..

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16 minutes ago, fkofilee said:

Do you recognise the address of the Loan Agreement? 

Nope, completely different part of the country. 

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Right well then - This could be interesting. 

Are you 100% sure you didnt have a loan with PDE? 

 

What date was the loan from? Can you prove your residence for the last 6 years et - If so this will prove a mistrace and you maybe entitled to damages as BW Legal will have messed up 

(Don't worry - They do so quite often as I know 1st hand)

 

File up the Letter Of Claim minus personal deets :)


 

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Date of loan was apparently 18th of June 2013 and yeah I can prove my residence I've only had 2 addresses since i was 18, rented and the flat i bought back in 2015.

 

100% certain i've never had a loan from them. 

 

Letter of claim uploaded.

bw_legal_1.jpg

bw_legal_2.jpg

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Right okay - Speak to BW Again

 

Ask them to confirm the bank details that it was paid into - Surely now that they have the correct "Information" for Data Protection - They will beable to provide you that information. 

Keep the call short - Only ask them for the information once you have passed DPA... 

 

Then we need to respond to your PAP LOC - Which we can help with. 


 

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They don't hold that information and will request it from PRAC for me but "it's just wasting time" apparently.

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why bother its statute barred.

 

send our SB letter to them 

forget about it.

 

 


..

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so what will be

just add 

two lines to the top

 

I don't not acknowledge any debt to you or you client.

The debt is obviously ID fraud as I have documentary proof I was living elsewhere at the time of application

 

they wont go anywhere near a court with it once they have that info but you have to do something to ensure you write with your correct address to prevent a backdoor CCJ.

 

it would very easy to prove takeout IP address and that will not have been yours.

 

dx

 


..

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Yes - The date on the letter says "You" entered into the Loan Agreement on the 13th June 2019 - Thats 6 years ago but not from Date Of Default... Its not SB - But even so... 

If is not your loan then its time to work on this. Have you been registered on the Electoral Role at your address? If so how long? 


 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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DX is right... Although they will demand you fill out a ID Fraud questionnaire that is 5 questions long on one page - Lemme see if I can find a copy :)

 


 

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18th June 2013...entered into .


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I cant find it but Im sure they will drop you a copy. The questions are ambiguous and heavily weighted in their favour so just keep this in mind - I wouldnt fill it in 

I would get all evidence you can provide to show that you have been mistraced here - I dont think this is ID Fraud - I think BW Legal jumped the gun... 

 

FKO


 

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They would be very silly indeed and land in very hot water with GDPR if they continue with this one, as is not your debt they have no right to process yourdata so do as DX suggests with the letter


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!

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Wouldn't protect BW Legal or PRAC if they did do court, it would damn them. it would give them information you might not want them to have DCAs have doctored files in the past.


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!

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urm fraudulent activity on 'your account' and you are supposed to sign that

no thanks bin.

 

its admittance you 'had' an account...ID fraud is someone using your details typically after you'd moved that were sent to an old address you moved out of..

 

you didn't have an account..


..

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