PRAC/BW Claimform - Payday Express /Express Finance

[Lotty_L]

No i didn't have any phone calls from them apart from 2 weeks ago! 

 

I have read that they are known for harrasment, but I didn't hear? 

 

Do you think that would be a possible way to go? That account is closed though now but it was never registered at the address the loan was taken out. In fact I don't have anything with that address on it

[AndyOrch]

Is the account number (lloyds) quoted yours or not ?.......

 

And you didnt have a LLoyds account in Sept 2013 at the previous address ?

[Lotty_L]

It was a joint account that I stopped using that was registered at the old address. 

[AndyOrch]

You just stated  above ......

 

" That account is closed though now but it was never registered at the address the loan was taken out."

 

Now you state .......

 

" It was a joint account that I stopped using that was registered at the old address." 

 

Which one am I to accept ? 

 

 

[Lotty_L]

It was closed years ago, about the same year this all happened. It has also gone off my credit file. I ment the same just worded differently sorry. 

 

It was a joint account, I stopped using it when I split from my husband. Because the account was never used it was closed. 

[dx100uk]

who said the lloyds joint A/c Was closed?

did you both write and request it was closed?

 

why not ring Lloyds and see if they can tell you the last deposit date?

or if there WAS a deposit of the sum of the PDL around the date it was taken out?

 

I suspect the A/C wasn't 'closed' (whatever that means)

and your OH took out the PDL in your name without your knowledge?

 

just musing...

[AndyOrch]

Well these are the types of questions that will be put to you Lotty in court so if you dont have your ducks in line.....there's no hope.

 

This is how the scenario roles out as I read it up to now.......

 

On 9th August 2013 someone made an application for a payday loan to Payday Express using your name address (at that time) and your joint bank account details at the time.

lloyds account number xxxxxxxxxxx sort number xxxxxxxx.

 

 

This bank account was closed in 2010 when you split from your hubby...but was still active 2013 till 2010.The loan was approved and deposited into said account allegedly on the provision of the bank account details being confirmed and the debit card pertaining to this account authorising  continuous payment authority as security.

 

The loan was for a period of 27 days and the amount advanced was £225 (although the WS states £200.00 ) with a total repayment of £258.00 to be repaid by the 6th Sept 2013

 

As at 15th October 2013. the agreement was terminated with a balance of £349.00.A default note was issued 6th Oct 2013 by Payday Express .....a further default notice was issued by  Prac 15th  Dec 2017 although Im unsure why as the agreement had already been terminated as of 15th Oct 2013.

 

As far as your aware payment was never requested or the amount deposited.....Lloyds did not inform you of a payment being refused nor did Payday Express inform you that they couldn't collect which would seem highly improbable of them. 

[Lotty_L]

the Lloyds account that was on the doccuments is the joint account.

I stopped using the joint account when i moved out, I went on to use my Natwest one which I still use to this day.

 

This account was actually closed 07/09/15, the customer services advisor just confirmed on the phone.

They do not hold any records for this payment going out.

 

There was various payday loans but not from Payday Express or any of its t/a names.

Due to being over 6 years ago they are not obliged to keep all records of closed accounts.

 

I did not have a computer at this address or a tablet.

I don't know how else it could have been set up?

 

Surely if it was from a computer it would have an ip address, or something?

 

 

 

 

[AndyOrch]

Quote

I did not have a computer at this address or a tablet. I don't know how else it could have been set up? Surely if it was from a computer it would have an ip address, or something?

 

A further valid point which you can add and adapt to my last post...then use that as your statement.

 

With regards to on line application in their statement I have posted the section above re " typing your surname and date " you give the necessary consent to be bound by the terms and conditions.Well you dont  ...you also have to tick the tick box which creates a digital signature...none of which is on the alleged application they disclose and rely on.

[AndyOrch]

I would get onto drafting your statement now...using the claimants statement as a layout and guide and refute each paragraph and the reasons we have discussed ...you statement should have been served last week and you only have 4 days to your hearing...you may be barred from using it if its too late.

[Lotty_L]

ok, I have made a start now, do I use the numbers on their statemnt and reply to them or set my own out?

[AndyOrch]

Respond to their numbers......

 

Here is a exampleWitness statement Lob.pdf defendant statement...you can use the opening and closing paragraphs if you wish

[Lotty_L]

Thank you, is it also worth noting that at the time I was un employed and suffering from pnd?

[AndyOrch]

Being unemployed may be a factor as they granted an alleged PDL..illness not so.

[Lotty_L]

Could you glance your ever so helpful eyes over this before I tidy up and submit much appreciated!

ws bwLegal.pdf

[AndyOrch]

Okay its a witness statement not a defence..heading should be Witness statement and in support of your defence date Aug 2019 not Jan 2020.The claimants claim was dated Aug 2019 not Aug 2020.

 

I would add a paragraph after your point 1 that you apologise in advance for late filing and serving and respectfully request the court allow leniency given that you are a litigant in person and was not sure of the procedure.  

 

I would remove "  Paragraph 28 states the Agreement were duly assigned from the originating creditor on December 9th 2016, how can the originator sell an agreement that was never entered into."

 

The debt can still be assigned..the fact that its not yours is irrelevant...that between the assignor PE and Prac

 

I think you should include the following point as it cast doubt on the whole claim....

 

"As far as your aware payment was never requested or the amount deposited.....Lloyds did not inform you of a payment being refused nor did Payday Express inform you that they couldn't collect which would seem highly improbable of them". 

 

Andy

[Lotty_L]

Brilliant, once I have corrected those points do you think it is good to go? I have covered everything? I am all of a fluster!

 

Thanks again Andy you have been so helpful in this matter, I would have been lost without you!

 

Lotty

[AndyOrch]

See my edit above just now

[Lotty_L]

Thanks Andy I have seen and have amended

[Lotty_L]

Sent! Fingers crossed! Thanks again!

[AndyOrch]

Thats a copy to the court and the claimants solicitor ?

[Lotty_L]

Yes, copies to both and printed for me to take on Friday.