PRAC / BW PAPLOC now Claimform - old Paydayuk PDL

[rippedoff15]

Today, we have had a letter from the court ( Claim form Northampton County Court ) 

Particulars of Claim 

 

The claimants claim is for the sum of £349.77 being monies due from the defendant to the claimant under a loan agreement regulated by the consumer  credit act 1974 between the defendant and Instant Cash Loans Ltd T/A Payday UK under account reference xxxxxxxxx and assigned to the claimant on 09/12/2018, notice of which has been given to the defendant. 

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

 

The claimant also includes statutory interest pursuant to section 69 of the Country  Courts act 1984 at a rate of 8% pa from the date of the assignment of the agreement to 29/11/2019 being an amount of £86.88 

 

Total amount they are now claiming is £521.50

 

How can we deal with this claim against my wife as the loan was taken out in 2013 and no payments were paid to Payday UK not to BW Legal when they stated to send emails and letters. I under we have set time frames to reply to the court letter and need to sort out ASAP

 

Sorry yes it was a payday loan taken out on 13/10/2013 

 

I can confirm the loan was taken out on 1/10/2013 and payable in full on 31/10/2013 this never happened.

Had few emails during 2014 then nothing until 2017 that`s when BW Legal started emailing and few letters.

 

 

Defence - Simple Statue Barred based on loan taken out on 1/10/2013 never repaid nor acknowledged, also they state date of 09/12/2016 never had anything ?  

 

 

[AndyOrch]

Thread moved to Financial Legal Issues Forum...please complete the following link by reading and copying the Q,s and your responses back here for further advice.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-issued-in-england-wales-what-you-need-to-do-updated-jan-2019/

 

 

Andy

[rippedoff15]

name of claimant - PRAC  

 

date of claimform -  2nd December 2019

 

What is the claim for – 

 

Particulars of Claim

 

1.The claimants claim is for the sum of £349.77 being monies due from the defendant to the claimant under a loan agreement regulated by the consumer credit act 1974 between the defendant and Instant Cash Loans Ltd T/A Payday UK under account reference xxxxxxxxx and assigned to the claimant on 09/12/2018, 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 s default notice has been served and not complied with.

 

3.The claimant also includes statutory interest pursuant to section 69 of the Country  Courts act 1984 at a rate of 8% pa from the date of the assignment of the agreement to 29/11/2019 being an amount of £86.88 

 

Total amount they are now claiming is £521.65

 

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? No 

 

Did you inform the claimant of your change of address? - No as never moved address

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 ? - 1st October 2013

 

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

 

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. -Prac

 

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

 

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

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? - No 

 

Why did you cease payments? - Unemployment 

 

What was the date of your last payment? - Never repaid after taking out the loan payment due for repayment on 31/10/2013 payment not made to claimant

 

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 

 

Now we have submitted the AOS and the date of the court claim form is 2nd December 2019

i have 33 days to submit the defence details,

also sending request to the lender & BW legal as well,

they won`t reply but will request.

 

Anything else we can do at this stage

 

[dx100uk]

can I just confirm both yourself and your wife had loans from paydayuk?

[rippedoff15]

Yes Payday loan in my wifes name

[rippedoff15]

Based on the fact the loan was taken out 1/10/2013 and not repaid on the date 31/10/2013,  will it fall under as Statue Barred.

 

i submitted the AOS ticking All will be defended on 04/12/2019

 

i will be sending SAR & CCA to the lender and Lovells is this correct as they won`t reply 

 

Also when do we submit the defence and what to write are there any templates

 

 

[dx100uk]

I was enquiring because I found an earlier thread going back before the date you indicate this loan started with payments made.

 

so just to be clear,

you had a loan from Paydayuk before this one currently under litigation taken out by your wife?

you don't sar 

[rippedoff15]

No we have not made any payments, and the loan was in my wife`s name only . i have old emails dating back from Oct 2013 stating no payments made to the account

 

[dx100uk]

Ok well scroll back to post 1 here and read a past thread ive merged in here.

 

It appears to me you must have had an earlier loan in your name?

[rippedoff15]

Think so this is 100% in my wife`s name only and the loan email from Oct 2013 has the same reference number as per the court paperwork 

[dx100uk]

ok but im just checking

as I know how scatty you can be and end up get things mixed up throughout your threads here

 

if you are sure its no been paid

then:

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 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]
…………..

 

there is also nothing to stop you filing our SB defence today either

 

he following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

 

[rippedoff15]

I have sent CCA request today by recorded delivery to the claimant and CPR 31:14 to the solicitor / company BW Legal as well.  i  will be filing defence based on SB barred soon or do we wait to see if they reply. 

 

Based on submitting the AOS on 4/12/2019 via MCOL last night we have 33 day or sooner

[dx100uk]

if the debt is SB'd then there is no need to wait

whatever paperwork they hold is immaterial if you are 1000% sure its SB'd.

 

 

[rippedoff15]

Just got home to letter from BW Legal 

 

States we must reply to them now as they have sent court papers and if we don`t agree by 28th December a repayment plan the court will confirm the CCJ adding more cost and charges. And the CCJ will ruin my wifes credit. etc etc 

 

I will submit defence based on statue barred over the weekend, 

 

Loan processed 1/10/2013 - I have email confirmation

Loan deferral 26/10/2013 -  I have email confirmation

Loan payment failed 31/10/2013 - I have email confirmation

Email from claimant Jan 2014 - Confirming no payment

 

Next B W Legal 2017 email reminders 17/05/2017 & 19/06/2019

 

I have been reading letter as kept everything, had letter from PRAC on 13/02/2017 saying they have purchased the debt from Payday UK. They sent annual statement saying the original agreement date 9/12/2016 wrong date as the loan was date 1/10/2013.

 

Had email from Payday UK on 1/12/2014 saying we can pay via paypoint same account number as court papers, so confirms PRAC have enter the wrong date on the paperwork.

 

Just need to put into a defence case

 

 

 

[dx100uk]

You either file sb as written or drop the whole sb defence

you cannot mix sb with anything else

its absolute

 

 

[rippedoff15]

Your correct, will be filing defence based on statue barred, just need to see how to word the SB defence.

 

Once i have file the defence how long is it before we hear from the court, do we have to attend the court ? 

[dx100uk]

sb defence is already my post 36

you cant mix it with anything!! use the exact defence wording/format I listed there only simply copy and paste to mcol website

your defence filing by date is also clearly outlined

 

if or if not you have to attend your LOCAL county court [which you specify in the N180 the court sends] 

is solely down to if the claimant if they want to risk pushing the case that far.

 

 

[rippedoff15]

Just what to ensure i submit correctly 

 

 

1 The Claimant's claim was issued on (insert date). Question is this the date the loan was taken out 

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £521.50 or any other sum, or relief of any kind is denied.

[dx100uk]

eh? simple enough question...

 

The Claimant's claim was issued on (insert date).

what date was the claim issued on

[rippedoff15]

The date on the court paper is 2nd December 2019, this is the information i will file / submit 

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below 

 

1 The Claimant's claim was issued on 2nd December 2019.

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £521.50 or any other sum, or relief of any kind is denied.

 

Question - Will we need to confirm date when the loan was first taken out or is it up to the claimant to prove that information.

 

[dx100uk]

not sure why you added the blue line I've highlighted?

that's not in the we gave you.

 

as for your question...

PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 

[rippedoff15]

Should have change text to same colour, my defence is listed below 

 

Defence

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below 

 

1 The Claimant's claim was issued on 2nd December 2019.

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £521.50 or any other sum, or relief of any kind is denied.

 

 

Stranger if they know the loan was taken out on 1/10/2013 the should know it`s now SB, i have already sent CCA and CPR 31:14, filing in the defence on Sunday night

 

Fingers crossed but think they will still keep pushing for payment, think its a matter of filing and waiting

 

 

 

[dx100uk]

why have you added in the blue bit...????

 

it is not part of CAG's SB defence that was given to you......

 

 

[rippedoff15]

Think just getting confused about the whole filing and what to actual write ( Sorry) 

 

Think listed below is ok file plain and simple

 

Defence

 

 1 The Claimant's claim was issued on 2/12/2019.

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant

.

 3 The Claimant's claim to be entitled to payment of £521.50 or any other sum, or relief of any kind is denied.

 

[dx100uk]