PRAC / BW PAPLOC now Claimform - old Paydayuk PDL

[AndyOrch]

Don't let your wifes fear of " courtrooms " spoil your chances of putting this to bed.If the debt is Statute barred it matters not how far they wish to go or waste money chasing it...the court will dismiss the claim unless they discontinue first.

 

When a claim is issued on a statute barred debt the claimant is fairly confident the 99.99% of them will be rubber stamped by the court as no one would ever dare defend the claim because most like your wife are terrified of court rooms.

 

When a claim is defended it takes awhile to trickle through to them that they are flogging a dead horse here...but they have come this far and so if they make it look like they are proceeding all the way...you the defendant will get cold feet and start to panic as it gets closer, ultimately you will ring and agree a settlement or withdraw your defence.

 

The next stage of the process is the crunch part...both of you have submitted DQs...now the court will allocate the claim to your local county court...shortly you will receive a Notice of Allocation N157...this contains the courts directions what each party must do by date and what they must file (evidence and documents)...so you see you have not yet got to the stage what is called disclosure.....they dont have to send or disclose any documents until this stage.

 

With regards to your last paragraph...if she fails to attend you give them the upper hand...buts its not impossible to win and not be in attendance....

 

Quote

we have been told they will arrange home visit to funds and property to repay. They even stated when they win the bailiffs will attend the next day.

 

I'm not sure what that is suppose to say I assume you mean they will put a charging order on your property...well as its your wife's debt and if your property is joint...then it will only be a restriction K....which is meaningless in all reality ....if they do win which as stated very unlikely on a statute barred debt ...they won't be attending the next day...it would take 3/4 weeks to get an order of execution for a Warrant...

 

You need to stop listening to " they "...tell your wife to get some fire in her belly and take them on...unless they discontinue after receiving their impending N157.

 

Andy 

[dx100uk]

would be nice to see these threats please...

[AndyOrch]

More assumptions or incorrect interpretations rather than threats 

[rippedoff15]

We have sent off all our paperwork to all parties, now it will be interesting to see the documents they have have and the dates. We have emails from the original lender confirming no payments have been made and they date from 31/10/2013. 

 

So fingers crossed they back down if not when the court have all the paperwork and they see its SB do they close the case or will we have to attend court 

[dx100uk]

what paperwork have you just sent off?

 

[AndyOrch]

N180 ?

[rippedoff15]

The N180 form 

 

Notice of Proposed Allocation to the Small Claim Track 

 

And it states we need to reply by 3rd Feb 2020

 

[dx100uk]

so you used our n180 link and did 3 copies and sent 2 off?

[rippedoff15]

Yes 3 copies have been sent to all parties, will be very interesting to see the paperwork from B W Legal, do they forward to myself prior to court day 

[dx100uk]

doesn't matter what paperwork they hold

the debt is statute barred.

 

 

[rippedoff15]

Noticed this on the Money Claim but nothing in writing as yet 

 

DQ filed by claimant on 04/02/2020

You filed a DQ on 13/02/2020

Your claim was transferred to our local County Court  on 13/02/2020

Do they send their paperwork prior to court day ?

Also any timescales on the next stage

[dx100uk]

you should get a copy of the fleecers N180 yes.

you said no to mediation as its SB'd i hope?

and you didn't give the fleecers your email/phone/sig did you?

 

 

dx

[rippedoff15]

you should get a copy of the fleecers N180 yes. Reply NO

you said no to mediation as its SB'd i hope? Reply Correct NO

and you didn't give the fleecers your email/phone/sig did you? Reply NO 

 

 

 

[AndyOrch]

Not all claimants serve a copy of their DQ on the defending party.....they should but not compelled to.

 

Quote

Do they send their paperwork prior to court day ?

Also any timescales on the next stage

 

 

Yes .....you should receive the Notice of Allocation (N157) next ...this informs  you of the courts directions on what both parties must do next and by what date...the hearing date etc in preparation for the hearing. 

 

Andy

[rippedoff15]

Had letter today from County Court Business Centre

 

Notice of Transfer of Proceeding 

 

Just states our local county court details no date states the file will be referred to procedural judge who will allocate the claim to track and give case management directions

 

Details to be sent in a notice of allocation, also states wait for the judges directions ? 

 

 

[dx100uk]

correct you've already been told this will be next.

[voqu]

I had a claim last year from PRAC they didn't proceed with the case. I eventually rang the court to be told it was discontinued. Dont worry about it they will not go to court for the amount they are trying to get out of you as they are just fleecers.

[rippedoff15]

We had a letter today from the court 

 

Notice of Allocation to the Small claims

 

It states the claimant must pay £55.00 by 19th May and if not the claim will be struck outwith effect from 19th May

if the pay the fee the case will be held on 16th June 2020

its states in the letter under section 6, each party must deliver to the other party and to the court copies of all documents on which that party intends to reply at the hearing no later than fourteen days before the hearing.

 

We think they will pay the £55.00 thinking we may not attend and they get the claim on default not the case we will be fighting all the way  

[rippedoff15]

Just a question details below is the filing history 

A claim was issued against you on 02/12/2019

Your acknowledgment of service was submitted on 04/12/2019 at 20:28:57

Your acknowledgment of service was received on 05/12/2019 at 08:05:28

Your defence was submitted on 14/12/2019 at 11:45:17

Your defence was received on 16/12/2019 at 01:21:14

DQ sent to you on 15/01/2020

DQ filed by claimant on 04/02/2020

You filed a DQ on 13/02/2020

Your claim was transferred to XXXXXX on 13/02/22020

 

It states the claimant must pay £55.00 by 19th May and if not the claim will be struck outwith effect from 19th May

if the pay the fee the case will be held on 16th June 2020

its states in the letter under section 6, each party must deliver to the other party and to the court copies of all documents on which that party intends to reply at the hearing no later than fourteen days before the hearing.

 

We think they will pay the £55.00 thinking we may not attend and they get the claim on default not the case we will be fighting all the way  

 

It states in the court papers 

 

The following directions apply

 

Each party must deliver to the other party and to the court office copies of all documents on which that party intends to reply at the hearing no later than 14 days before the hearings 

 

The original documents must be brought to the hearing

 

The judge may refuse to consider the documents or take it into account if a copy of it has not been sent to the other party as required by this order

 

The documents must be sent to the other party and the court must include the statements of all witinesses

 

So our questions   

Copy of all paperwork must be sent to all parties 14 days before the court date ( 2nd June 2020 ) if the claimant fails to pay the fee on 19th May will the case be cancelled as of the 19th May ?  

 

 

[dx100uk]

you must exchange witness statements by 14 days prior to the hearing date

however

if the claimant fails to pay the fee you give it a day or two and ring the court to check it's been struck out under the courts order of xxxxx

[rippedoff15]

Email,. today from BW Legal 

 

Without Prejudice Save as to Costs
09 April 2020
Dear XXXXXXX
Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX	Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020
We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement".
Yours sincerely, BW Legal

[dx100uk]

Begging letter!!

[rippedoff15]

So main question is will they pay the fee on 19th May 

[hammyhound]

How low can they get using covid 19 to pray on the vulnerable my personal opinion is do nothing see if they pay the fee they know they are going to lose and hope you back down