Western Circle Claimform - old PDL

[Gracelands]

Hi

I have received an email from Western Circle (Cashfloat loan in default as above) stating that in the next 2 days i will receive paperwork in the post as legal proceedings have been initiated. They claim i can set an arrangement for repayment if i fill in a N9A admission form that i will receive shortly?

Do i fill in the form once i get it for an offer of payment?

 

Thanks G

[dx100uk]

no as you'll get an automatic CCJ if you do.

 

 

[Gracelands]

Thanks for the advice dx I will get on to it now and post back with any further updates.

 

Thanks G

[dx100uk]

get on what?

 

you should be ignoring bouncing and blocking emails.

 

dx

[Gracelands]

Sorry for the confusion dx - i mean get on the advise from the thread you attached?

 

I am bit confused as to where the CCA request is going - i assume its going to Western circle as they are named on the default on the credit file (Cashflaot are PDL).

 

I cant send a CPR as i have logged into the loan account recently!!

I assume that i now wait for the county court letter to arrive and then pop on to MCOL and acknowledge the claim?

 

Thanks G

[dx100uk]

i simply posted a link to that thread as an example of someone else that is a few weeks ahead of you if you DO, get a claimform.

not anything you NEED to do now.

 

and ofcourse they must 1st abide by the pre action protocol and send a letter of claim by royal mail yet..

 

a court claim could be months away IF at ALL>

 

 

 

 

[Gracelands]

Thanks for your time and advice dx its very much appreciated. sometimes I get a panic on and think everything is going to happen all at once. In just need to take a step back and soak everything in 

 

Thanks again dx

 

G

[Gracelands]

Hi I have received a County Court claim from Western Circle for the PDL from Cashflow (I believe they are in the same department?). I have got a CCA running to Western Circle is that correct or should it go to Cashflow? estern circle are sgowing on my credit file as the default notice!!

I have also completed the MCOL form and AOC has been confirmed.

 

Name of the Claimant - Western Circle LTD

 

Date of issue – 29 July 2021 

Date to acknowledge = 2 Aug 

date to submit defence = 30 Aug ?

 

Particulars of claim:

 

1.The claimant is a lender providing short term finance to consumers under the consumer credit act 1974. On 05-03-2020 the parties entered into an agreement whereby the defendant borrowed the sum of £400 to be repaid in 3 monthly instalments at the agreed contractual daily interest rate of 0.74%, capped at 100% of the loan value

 

Despite extensive chasing, the defendant failed to pay their loan in full and interest and costs have been incurred

 

The claimant therefore claims:

 

1, £400 being the amount loaned

2, £400 being interest made up of the date of this claim.

3, -£192.19 being amount paid.

 

What is the total value of the claim? £677.81

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred ? 
 

Did you inform the claimant of your change of address?  ?

 

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? -  PDL

 

When did you enter into the original agreement before or after 2007? - After

 

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. - OC 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A 

 

Did you receive a Default Notice from the original creditor? - No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - no only email stating the account could go into default 

 

Why did you cease payments? - Got into financial difficulties due to gambling addiction and numerous other loans outstanding.

 

What was the date of your last payment? 05/03/20

 

Was there a dispute with the original creditor that remains unresolved? - no 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management - no

 

 

thanks G

 

I have checked on Experian and there is a default mark against the account.

[dx100uk]

ive created a new thread for this.

 

can you give us the total for the claim you missed out one of the questions.

 

and don't forget the CPR as with your other court thread

or as the thread already linked above.

 

dx

 

[Gracelands]

Ok dx thanks will get the COR sent as well.

 

The claimant therefore claims:

 

1, £400 being the amount loaned

2, £400 being interest made up of the date of this claim.

3, -£192.19 being amount paid.

 

Amount claimed:

£607.81

court fee £70

total claim: £677.81

 

Thanks G

 

Hi Sorry looked everywhere for the CPR for to send but cant trace it in the library?

 

Thanks G

[dx100uk]

eh?

 

its in the thread in post 2

which is why i put the link up to it to follow that thread.....................

[Gracelands]

Ok dx I’ll send it to Wester circle tomorrow

 

Thanks G

[dx100uk]

did you send a CCA request before you got the claimform...you were going too?
 

[Gracelands]

Unfortunately I didn’t come out of pingdemic isolation until Friday morning when I got it sent the court claim arrived Saturday 

 

G

[Gracelands]

Hi hope everyone is ok. I have drafted a defence below that is due to be submitted by end of play tomorrow any thoughts will be very much appreciated.

 

 

Particulars of Claim for Reference only

 

1.The claimant is a lender providing short term finance to consumers under the consumer credit act 1974. On 05-03-2020 the parties entered into an agreement whereby the defendant borrowed the sum of £400 to be repaid in 3 monthly instalments at the agreed contractual daily interest rate of 0.74%, capped at 100% of the loan value

 

2. Despite extensive chasing, the defendant failed to pay their loan in full and interest and costs have been incurred

 

 

 

The claimant therefore claims:

 

1, £400 being the amount loaned

2, £400 being interest made up of the date of this claim.

3, -£192.19 being amount paid.

 

What is the total value of the claim? £677.81

 

 

 

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. Paragraph 1 admitted .The defendant admits entering into a short term Pay Day Loan agreement for the sum of £400.00 to be paid in 3 monthly instalments . It is denied I failed to abide by the Terms and Conditions of the agreement.

 

3. The defendant  was placed on to furlough in March 2020 and was unable to meet the contractual 3 payments.

The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer.

 

4.The Claimant did not serve a Default Notice pursuant to sec87 (1) of the CCA1974. 

 

5 I have requested a copy of the agreement pursuant to section 77 of the CCA 1974.

 

Need for default notice.

 

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum

 

6. The claim is disputed with regards to the Defendant owing the amount of monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show and evidence how the defendant entered into the agreement:

(b) show how the claimant has reached the amount claimed for;

(c) show how the claimant assisted during the pandemic and its response to my request;

(d) show and evidence how the breach occurred and a valid Default Notice was issued,

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the full correct amount of money is owed.

 

8.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

[AndyOrch]

If you could confirm the questions below you missed off from your post #8.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred ? 
 

Did you inform the claimant of your change of address?  ?

 

Andy

[Gracelands]

Thank you for the reply Andy.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not as far as I am aware can’t find any letters from Westcroft 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred ? No change of address.

 

Thanks G

 

 

 

[AndyOrch]

It wouldn't of come from Westcot...they don't do court.....it would have come from  EWestern Circle LTD /  Solicitors named on the claim form?

[Gracelands]

Hi Andy sorry got mixed up you are correct it is Western Circle named on the claim form. My defence has to be in today will there be anything else to add to the above defence?

 

Thanks G

[AndyOrch]

I will check it shortly.

[AndyOrch]

Defence amended above.

 

Point 5 has been added....

 

5 I have requested a copy of the agreement pursuant to section 77 of the CCA 1974.

 

You must action this today without fail.....or otherwise remove it from the defence.

 

 

 

Andy

 

 

 

 

.

[Gracelands]

Thank you for your help Andy.

 

MCOL defence filed and CCA will be posted at 17:15 today.

[AndyOrch]

Retain proof of   postage for the CCA request.

[Gracelands]

Hi

I have received Notice of Proposed Allocation to the Small Claims Track is this the normal next approach? It is asking me to complete and return the form.

Question A1:  Do you agree tot his case being referred to the Small Claims Mediation Service?  I take it i enter yes to give me the option of mediation?

 

Any assistance will be appreciated.

 

Thanks G

[AndyOrch]