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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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PRAC/BW chasing old PDUK PDL


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I took a loan out with this company 2 weeks ago. All went well and thought having looked on their website it says obviously subject to credit assessment I could defer the loan twice - great I thought I will pay the balance over two months and bob's your uncle

 

Went to defer on their website and put in all the same income and expenditure details a week before the payment was due to come out. Their response "sorry but based on your affordability and credit assessment we cannot allow you to defer this loan":mad2:

 

Erm they gave me the loan two weeks beforehand, nothing has changed and yet wont allow me to defer. They wanted the whole loan back together with all the interest only 2 weeks after I received the loan. No way I thought, cancelled my card and any CPA they had set up.

 

I will pay them back on my terms and if they dont like it they can place it where the sun does not shine.

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  • 4 weeks later...

You do know this is a normal trick to get you to take out the loan. Then when you default, they try and say theyre adding on tons of charges, and interest on top of it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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have you been getting multiply phone calls from them on this number 02078068934

i had same thing

 

Yes starts early about 9.00 four or five times a day on mobile. Wont leave messages on home answerphone

 

They can add as many default charges, interest anything they like, I will only pay what is due. They emailed and said that despite only having the loan for 2 weeks their set interest means that I could have the loan for 4 weeks, 3 weeks, 2 weeks or even 2 days the interest will be same.

 

I have emailed but they say due to data protection I need to ring - no chance.

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Log every call they try, especially if youve told them in writing only. Read up on Harrison vs link for a start. You could bring a claim against them for harassment.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Youve got grounds for a nice big complaint and possible action for harassment then :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 6 months later...
  • 3 years later...

I received the pre-action protocol letter from BW Legal.

I responded asking for all the documents relating to my account including the agreement, statement of account, default notice and letter of assignment.

 

They came back with the agreement which is dated 1 month earlier than what says in their pre-action protocol letter.

 

What is interesting is the agreement is between Mem Consumer Finance, me and Payday UK.

 

Why is there three parties to this transaction.

The agreement looks like it is printed at the same time as their response but that is not something a judge would really be interested in.

 

Can I ask again to provide the agreement they state in their letter which is 1 month earlier or will they just say it is a typographical error and the agreement is correct.

 

The statement of account is printed on their letter which they sent me 2 days after my request. The statement of account shows at the beginning the amount in the agreement shown as "deferral" and then a whole host of "defaulter/interest accrued" amounts. There is also a charge of £15 some 2 months after my "correct agreement date".

 

At the end of the statement of account all these figures are credited at the end which brings the statement of account back to the original amount.

 

What I need to know is if they have failed to provide the default notice can they just credit the same and say "we have not charged you for the defaulted amount so we do not need to produce the default notice"

 

The letter of assignment is there.

 

Can I go back to them and again ask for the agreement stated in their letter and also the default notice. This all happened in 2014 by the way.

 

I have always checked my credit file and there is a closed account with Payday saying settled but nowhere is a default notice and PRAC Financial dont appear anywhere.

 

They have given me 7 days to respond.

Edited by dx100uk
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Iirc they only have to supply a reconstituted agreement. What exactly did you ask for and what exactly did they supply to you. What were the reasons you asked for it

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ild thread merged

Did you use our PAP response pack and wording or their one and your own wording?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I responded to them with my own response letter in replying to their pre-action protocol letter.

 

I requested

 

Agreement dated 30th April 2014 (their letter states this) (the agreement they have supplied is dated 29th March 2014) and it is indeed reconsistuted I can still smell the toner ink on the paper :lol:

Default Notice

Statement of Account

Notice of Assignment

 

Thanks for bringing up my previous posts I could not find it anywhere.

My credit file in 2014 states a default but this has now disappeared and the account on my credit file says settled.

Surely the default should still be there.

 

Yes indeed it did get deferred as I have the payment debiting my account on 30th April and yet they say the agreement is dated 30th April

Edited by dx100uk
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Just to clarify - PDUK are a sub brand of MEM CF - Or Were before they were taken over by Instant Cash Loans Ltd...

Do you have all the docs? Mind posting them up minus personal details.?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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So 99% unlawful interest then!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Who's side you batting for??

 

If you total that int..does it equal those refunds...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Who's side you batting for??
:lol:

 

But I imagine in court they will say but Your Honour we removed all interest and default sums so the only amount required is what the Defendant borrowed so why are arguing about interest/default when that is not an issue.

 

The first amount is a think a payment that was deducted from me despite the fact that the loan needed to be repaid in one fell swoop.

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IRL complaint?

 

Uf your credit file was shot/financial status poor..should they have loaned it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have again requested the correctly dated loan agreement and default notice and the original creditor's statement of account and not what BW Legal have put on their letterhead.

That was over a week ago and its all gone quiet - me thinks a claim form is on its way.

 

Reading up on pre-action protocol BW legal should give me 14 days notice that they intend to initiate court proceedings so I assume I have notice of their intention

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no they've already sent the PAP letter giving 30days.

 

pes I wouldn't of been entering into letter tennis.

 

just wait and see if they issue a claim now.

 

don't keep poking the beesnest

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

This debt is from April 2014.  I had a recent letter from them saying the usual take you to court.

 

The debt is for £580.

 

I requested all the usual documents from them

 

What they sent is a fixed sum loan agreement which looks like it was typed yesterday.

 

A statement of account on their letterhead which they say this is the statement of account from the point of the opening of the account to the sale to their client.  Surely a statement of account needs to come from the original creditor not something that is typed up by the present creditor.

 

No default notice - they say dont have one

 

No termination notice - they dont have one

 

There is nothing on my credit report nor anything involving PRAC.  There is a closed PDUK account from March 2014.  The fixed sum loan account states April 2014.

 

Where do I stand on this one any help appreciated.

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