PRAC/BW Claimform - Payday Express /Express Finance

[Lotty_L]

I have a court date through for a pay day loan going back to 2013 (31st Jan).

I sent my defence back to the court in September asking for more evidence as I know nothing about this debt using a CCA from this site.

I to this day have received nothing.

I sent off the proof of postage and a copy of the CCA to the court.

Today I have my client's statement from bwlegal on behalf of PRAC Financial Limited.

They have included lots of old letters from their system

a statement showing no payments,

a print out of a bank account details,

a credit agreement (not signed),

a default notice dated 6th October 2013 from Express Finance and

a notice from pay day express selling the debt to PRAC Financial Limited on the 12 April 2017.

The papers had to be with the court today at 4 but I hadn't had anything to work from.

I have called the court and they have said that I can email,

I need to do that tonight,

but as for my defence I am lost as to what to do?!?

Any help would be really appreciated.

I have sent a letter to the court with the proof of postage and asking BWL for all of my documents but still awaiting them.

This is all new to me so I didn't know how to defend something that I have no documentation for.

I have just looked on my credit file and no default has been registered against me.

Surely if they had issued one it will be there?

I was going to send a copy of my credit report in as proof.

The credit agreement is in Express Finance ltd t/a Payday Express.

The default notice is not even on headed paper

but states it is from Express Finance Ltd t/a Payday Express

and the sold to PRAC was from Payday Express

On the bottom of the Payday express selling letter it says that Payday Express is a trading name of Instant Cash Loans.

The letter from Prac says that it has been aquired from Instant Cash Loans Ltd t/a Payday Express,

no mention of Express finance.

My head is now spinning and I don't know how to word everything in my defence.

 

Is there a good place to start?

 

Thanks in advance

 

L

[dx100uk]

you mean you are at the witness statement stage?

you have the claimants WS, but have yet to submit yours?

 

what date is the hearing?

what date did you last pay anyone anything toward this debt?

what date is on the claimform to right?

 

 

 

[AndyOrch]

Hi and Welcome to CAG

 

The following thread will give you guidance on the process of defending a PDL Claim Form

 

https://www.consumeractiongroup.co.uk/topic/417458-lanternmoriarty-claimform-old-qq-debt-claim-dismissed/#comments

 

Then read the following link and let us have some details.....copy 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

[Lotty_L]

 

 

Name of the Claimant ? PRAC Financial Limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

2nd Aug 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? For a payment of £350 being thew balance of monies due against a regulated credit agreement between defendant and Instant Cash Loans Limited

 

What is the total value of the claim? £505

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

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? No

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 ? After

 

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

 

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. Account has been assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? When I received the witness statement

 

Did you receive a Default Notice from the original creditor? No - There is one in the pack but the notice is not on headed paper, so I can trust it to be true.

 

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? Never made a payment

 

What was the date of your last payment? Never made a payment

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement - I have sent 2 but nothing until I received the witness statement but it looks dubious.

[dx100uk]

Did you ever take out this loan?

What date was it opened?

 

Claimform is dated xmas eve? thats a court holiday!

Noone was there to even register the claim?

Dont think is automatic?

 

but anyway

if the pdl was taken out 6yrs  before that date

The debt is statute barred..you say you never paid anything back ever

why didnt you file our sb defence ever

 

DX

[AndyOrch]

Your defence is due this Friday by 4.00pm...take a read of the above thread I posted and this will give you an idea of how to draft a defence.Have a go and post it here for opinion.

 

Andy

[Lotty_L]

I can't remember ever taking it out, I was going through really bad post natal depression so anything pre 2014 is a black out to me!

The loan was opened 09/08/13 - but never made any payment. I have not seen a sb defence, I have only just found you sadly.

I have just sent a 'defence' to the court via email and said that I have requested a CCA but they have not sent anything through so I have asked for a stay of proceedings until I have all the info.

 

The letter is defo the 24th December (Happy Christmas)!

The default that was sent in the pack was on plain paper so I could argue that is not a real one? on the statement they say the originator gave a default on the 6/10/13 then when the debt was sold PRAC issued a default 15/10/17. When would the SB go from the first or the second default?

 

I have also just gone to both Experian and Equifax to see the defaults on my account but nothing is there. Can I use this as evidence? Surely all defaults have to be put on record?

 

So sorry if my questions seem silly but I have never been in this situation before.

 

Thanks again

 

L

 

 

[dx100uk]

So you havent filed a defence yet then just did the acknowledgement of service on the mcol website yes?

 

Dx

[Lotty_L]

Yes, my husband said they would never go through with it

What does he know!

 

I know that I will waffle going through my actual defence and then in court I will be a stuttering mess

 

I have just sent this over, something I found earlier but it is where I go from here

 

L

 

 

[dx100uk]

ive removed that

please don't post .docx as it has all your pers details under properties of the document.

 

can you answer my question please..

you've done the acknowledgement of service yes?

 

dx

 

[Lotty_L]

Woops!

 

Yes I filled that in online last year

 

L

[dx100uk]

brill thanks

all you need to do them is pop back to MCOL and copy and paste this:

 

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..

 

...

it doesn't matter what paperwork they hold or don't.

 

makes no odds

 

dx

 

[Lotty_L]

This may sound really dumb but MCOL wont let me add or amend?

[dx100uk]

so you must have already filed a defence then..

hence what I eluded to earlier in that you have a date for a court hearing (31st jan was it?), so must have filed one?

 

did you get an N180 about mediation?

and then an N157 with a court date on it?

a date they had to file their fee by?

and then a bit about witness statement exchange 14 days before the hearing date?

 

just trying to gauge at which stage of the claim process you are presently at?

 

 

[Lotty_L]

Yes, the last letter I had from the court was a N157. I have probably been a little nieve as I thought I may have heard from the court stating that they had paid their fee but nothing.

 

So I need to get defence papers to the court as soon as possible as the docx you didn't see basically said it was sb but they had not sent any proof of me owing the debt so I could not defend myself.

Can I copy and paste over attaching just to show you what I have sent over?

 

[dx100uk]

no you have to file a WS not a defence, you've already filed that.

 

can you do file save as on that docx but use the pulldown to save it as a PDF

but remove your name first in the file/properties option.

 

can you also please confirm hearing date 31st jan?

 

 

[Lotty_L]

Yes the hearing is on the 31st Jan, I will resave now.

 

Hopefully that worked...

WS BWL.pdf

[AndyOrch]

Says the claim was issued on the 2nd Aug 2019 in your defence......thought the timeline didnt add up to get to allocation.

[Lotty_L]

I filed on MCOL on the 12/08 this is also the day I sent off to BWLegal the CCA. I thought that I would have received something they cashed my £1 cheque but nothing came through.

[AndyOrch]

If as you say its statute barred then none of the rest of your defence is relevant.....CCA/CPR/ etc.

 

Simply submit your witness statement...same format as your defence...

 

Headers same as your defence

 

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 true cause of action for breach accrued for the benefit of the Claimant. 

 

 

It is therefore respectfully requested that the court dismiss this claim and costs requested.

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

 

Signed: _________________________ _______ Dated: _________________________ 

 

Its for the claimant to prove its not Statute Barred...not the defendant that it is.

[Lotty_L]

When does the SB start? Is it from the due date of the first payment or the default notice? Just a query

[AndyOrch]

The date of the default notice + 14 days according to the recent court case.....always was the first missed contractual payment.

[Lotty_L]

so not the 2nd default notice? As I have one from 06/10/13 from Express Finance t/a Payday Loans but then a second 15/09/17.

 

Just trying to get my head around everything.

 

Thanks

 

L

[AndyOrch]

The first default notice.

 

Claim issued 3rd Aug 2019

Default Notice dated 6/10/13

 

So your 2 months short for SB ? 5 years and 10 months and 7 days  ?

[Lotty_L]

So it's not then? I am confused. What should I do for my witness statement?

 

Worth mentioning the initial default notice is on plain A4 paper, not headed. There is no default on my credit file. The default is Express Finance Ltd t/a Payday Express. When they sell the loan to PRAC it is headed paper. Payday Express a trading name of Instant Cash Loans Limited.

 

There seems to be various trading alias, it is hard to see what is right.