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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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Lotty_L

PRAC/BW Claimform - Payday Express /Express Finance

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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

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

 

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


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

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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 ? 

 

 


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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. 

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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...


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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.

 

image.png.6b4209eb5d0e81f5f1172cd670565147.png

 

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. 


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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?

 

 

 

 

   

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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.


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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.


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

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Respond to their numbers......

 

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


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

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


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

ws bwLegal.pdf

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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


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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

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See my edit above just now


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Thanks Andy I have seen and have amended :)

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Sent! Fingers crossed! Thanks again!

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Thats a copy to the court and the claimants solicitor ?


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

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