PRAC/BW claimform - ICL/Moneyshop PDL

[voqu]

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.

[fkofilee]

I prewarn you that BW Legal are nasty to deal with during this process. 

Please dont let them keep you off guard. 

[voqu]

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.

[dx100uk]

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?

 

 

[voqu]

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

[dx100uk]

pdf only please post removed

 

have you done AOS/CCA/CPR?

[voqu]

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 September 5, 2019 by voqu

[dx100uk]

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

 

[voqu]

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

[voqu]

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

[AndyOrch]

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

 

Andy

[dx100uk]

defence was due Friday at 4pm...

 

dx

[voqu]

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.

[fkofilee]

Should be okay hopefully... God knows how many claims where the DCAs have been late in filing and they still go through... 

[voqu]

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

[dx100uk]

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.

[voqu]

Ok this is weird. I have had an email from icl to make a claim on any loans that I have taken out due to irresponsible lending and yet the7 have sold it on. What should I do?

[dx100uk]

so what

 

did you file a defence then?

 

dx

 

[voqu]

Yeah I filed a defence against BW Legal which bought the debt off ICL.

ICL have emailed me to say that due to breaches of lending laws a high court action has forced them to contact all borrowers and assess claims for refunds.

 

•  

  IMPORTANT INFORMATION

   

  INVITATION TO CLAIM: SCHEME OF ARRANGEMENT IN RELATION TO INSTANT CASH LOANS LIMITED

   

  Background

  We contacted you in July 2019 to tell you about our proposals for a Scheme of Arrangement. The Scheme is a legal process that will allow us to make an arrangement with all our creditors that will mean they should receive more than they would if we went into liquidation.

   

  As a former customer, you were entitled to vote on whether or not we should put the Scheme into effect, so we contacted you again in August 2019 to tell you about the voting process.

   

  The vote closed on 24th September 2019 and the substantial majority voted in favour of the Scheme. So on 8th October 2019 the High Court made an Order that made the Scheme effective, as of 9thOctober 2019.

   

  This means that you now have 6 months from 9th October 2019 to tell us if you want to make a claim.

   

  Why you may be eligible

  You might be a creditor of ICL because you have taken out a short-term loan with ICL or one of the companies which it owns in the past, so it’s important that you understand how to make a claim under the Scheme.

   

  We believe that in the past, we may have behaved irresponsibly in lending to some of our customers and if you were one of the customers affected by this, you would be entitled to redress.

   

  We’re not pre-judging the outcome of any claim; we’re simply contacting all the customers who may be affected, to explain the next steps.

   

  How this could have affected you

  If we lent to you irresponsibly or your borrowing was unaffordable or unsustainable, it is possible that the interest or other charges you paid were unfair. So if you are concerned about any of the loans we provided, we’re inviting you to submit a claim.

   

  What you need to do next

  You must submit your claim by: 9th April 2020

   

  After this date, we will not be able to accept any new claims.

   

  How to make a claim

  We’ve done our best to make the process as straightforward as possible. The quickest and easiest way for most customers will be to use our online Claims Portal. You can find this at www.themoneyshop.com. If you are unable to use the online portal, you can call our Helpline (see details below), but please be aware that in times of heavy demand, you may need to call us a number of times to get through.

   

  To register, you’ll have to give your Customer Reference Number (at the top of this email) and your date of birth. Once you’ve registered, all you have to do is tell us you want to make a claim. We may ask you some simple questions about your financial circumstances when you took out a loan, but we won’t ask you to provide documents and we won’t expect you to remember specific facts and figures.

   

  You’ll only need to make one claim, no matter how many loans you took out.

   

  After submitting your claim, you may not hear from us for a while. We’ll be assessing all the claims we receive, and we’ll provide updates on our progress on our Website and through the Claims Portal. You don’t need to keep checking - we’ll email you to let you know if we have provided an update.

   

  If we agree that we have behaved unfairly or irresponsibly in the way we lent to you, you will be entitled to a payment. We’ll expect to be able to tell customers the amount of their redress claim by April 2020 and there will be an opportunity to have that independently reviewed.

   

  Once we know the total amount of claims, we will be able to tell people what percentage of their claim will be paid. This is because the fund has to be shared out proportionately across all customers who are entitled to redress. If you have an outstanding loan, we may reduce your balance instead of making a payment. The payments will be made by the end of 2020.

[fkofilee]

Yes the above is correct - ICL is going under

 

 

[voqu]

I'm aware they have gone under but they have sold the debt on and are now saying I could make a claim against them for getting a loan under irresponsible lending. Where would I stand on this when it goes to court.

[AndyOrch]

This thread has no connection to ICL now...its between yourself and PRAC...its irrelevant whether ICL is no longer.

 

Andy

[fkofilee]

Sorry OP Thats my fault. 

Defend the case for now. We can talk current arrangements after the case has been dealt with. Its unlikely you will get a decision on the ICL issue before judgement is made on your "Debt". 

[voqu]

Just rang Northampton and been told that the claim has been stayed due to no reply from the claimant.

 

It will cost them £100.00 to get this removed.

 

I dont think they will bother for the amount that they are claiming but we will see.

[dx100uk]

well not removed 

continued by issuing an N244 to lift the stay.