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voqu

PRAC/BW claimform - ICL/Moneyshop PDL

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Had this through the post last month tgen i have just received a claim form from Northampton. I thought ICL went under.

Date of Issue 14/08/2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The claimants claim is for the sum of £250.16 being monies due from the defendant to the claimant under a loan agreement regulated by the CCA 1974 between the defendant and PRAC Financial Ltd trading as under acct ref 5*****4

 

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

 

3.The claim also includes statuary interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from the date of the default of the agreement to 13/08/2019 being an amount of 48.90

 

What is the total value of the claim? 374.06 

 

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

 

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? Yes


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes The Money Shop/instant cash loans Ltd.

 

When did you enter into the original agreement before or after April 2007 ?after

 

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...) ?not sure

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Branch closed

 

What was the date of your last payment? Cant remember

 

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 plan? No but sent a financial letter to BW Legal stating i have no income and awaiting for my carers allowance to start which is my only income, could be another 8 weeks before it happens though as my son has only just requalified for DLA.


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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Date of issue 14/08/2019

 

Thing I don't like is that the moneyshop is liquidated, PRAC bought the debt I have sent them a letter as required but they are now taking it to court.


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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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]

………….

 

its also worthy to note that you DIDN'T have any agreement for a PDL with PRAC 

unless you copied the POC wrong above?

 

 


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Hi dx i copied it word for word from the claim form. Hopefully that will go in my favour


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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pdf only please post removed

 

have you done AOS/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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Done aos and CPR about to do Cca was just wondering who too..I have 2 transactions which don't relate in account numbers to this.

 

20190905_145151.pdf

Edited by voqu

prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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read the guide in post 4 carefully.....

 


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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Ok got it sorry for sounding dense. Cheers for the help.


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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The Defendant contends that the particulars of claim are vague and generic in nature

 

1. Paragraph 1 is noted. I have never had an agreement in the past with PRAC Financial and do not recognise the account number referred to by the claimant.

 

2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as the defendant did not enter into any agreement with the claimant. The defendant also does not recall receiving a default notice as stated. The claimant is therefore put to strict proof to verify the alleged statement of its particulars.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to:

 

 (a) show how the Defendant has entered into an agreement with the Claimant; and

 (b) show and evidence the nature of breach and service of a default notice/termination notice Pursuant to the CCA1974; 

 (c) show how the Defendant has reached the amount claimed for; and

 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

 5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 

.

 6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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Have you not sent a CPR 31.14 or CCA request....? no reference to them if you have in the above defence.

 

Andy


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defence was due Friday at 4pm...

 

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

spreadsheets 

 

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Damn thought it was due Monday. I've managed to upload it hopefully they will accept it. Stepson was in and out of hospital last week. I'll ring them to see if it's ok.


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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 I've just double checked dates claim date is the 14th August with the 33 days to post defence would be today? Fingers crossed ..


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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as a litigant in person you are allowed leeway.

 

court closes for business 4pm Fridays ....if you defence filing date falls on a w/end you should file by the last business day before it.

wont hurt you to file Monday or today if MCOL is working mind!!

its been rather poor all this week.

 

but that defence needs additions as andy pointed too.


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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