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    • Email,. today from BW Legal    Without Prejudice Save as to Costs 09 April 2020 Dear XXXXXXX Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020 We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement".   Yours sincerely, BW Legal
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David963

A little help please

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HI All,

 

I am unsure of exactly what i need to do (if anything) and would really appreciate some guidance.

 

I sent CCA's to two companies Blair, Oliver and Scott and Capquest at the beginning of December, both sent recorded delivery, both companies have now gone over the 12 day limit, this is where my confusion/lack of knowledge kicks in.

 

What do i do now? i understand that the debt are now not enforceable without going to court, is this right?

 

They also now have another 30 days to recitify this failure, if they do this do they still have to go to court or am i then bound (assuming they can find original copies) to arrange payment or dispute the debt. Assuming that they also fail to send me anything within 30 days what is the situation then?

 

Sorry if this is a bit disjointed but i am really confused,

 

One good thing is that Capquest have now stopped phoning twice a night,

 

Many thanks for any assistance you can offer

 

Happy new year to all

 

David

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If they cannot produce the CCA, then they cannot enforce the debt without going to court with it, you are right.

 

There should be a templete letter telling them to get lost, but if not, come back and I will block copy the one that I will be sending to one of my DCAs when they fail to produce my CCA.... Make sure it is sent by recorded delivery and keep a copy.

 

You could now send a SAR to these people to see what you can claim back because if they have been collecting on your accounts illegally, i.e. without a CCA, then the money that they have collected all this time is rightfully yours to claim back. :)

 

My head is a little sore from the DCA stresses of the day, so please anyone, add/correct anything that may not be entirely accurate.

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It appears that most peeps are not writing to the company in question after twelve working days have passed but wait until the following 30 days have passed before informing them they have committed a criminal offence and the debt is unenforceable, gives you more bargaining power.

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I will have to remember that also... :)

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Only the company that owns the debt is required to respond to a CCA request. It may be that neither company owns it, though Capquest would

appear the likely owners since they have stopped contacting you.

If you send an sar to the original creditor among the other documents they should send, is confirmation that they have assigned the debt to another,

when it occurred, and how much the debt was at the time.

You should also get a breakdown of the charges they have applied to your

account, and if any are unlawful, you can reclaim them.

 

However, if ownership has been transferred to Capquest, it might be best

not to go after the charges until you know whether Capquest can react in

time to avoid committing a criminal offence by not responding to your CCA

request. If they fail to respond in time, do not contact them and they may

decide not to pursue for the debt as they face all sorts of legal and penal

hurdles before getting a shot at enforcing your debt with no guarantee that

it will be granted.

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Thanks for the info,

 

From what i have read in this forum Blair Oliver and Scott are the inhouse collection people for BOS, therefore they should have access to any of the docs required, and as you say Capquest are the likely owners of the other debt, guess i will just wait for the 30 days to expire.

 

Seen a couple of differing answers to this, it is 12 working days but then is it 30 days or 1 calender month until a criminal offence has occured?

 

Again many thanks for all your info,

 

David

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Hi Dave,

 

If a copy of the docs. is not supplied within 12/14 days, then the DCA are in default and legally unable to enforce the debt without going to court. I have read that the 2 extra days are given to allow time for the requests to arrive.

 

One calendar month after this deadline means that they will have also committed a criminal offence under the Consumer Credit Act, 1974 as well as being legally unable to enforce the debt.

 

I live in hope that all of mine will be committing a criminal offence in due course. :)

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Hi Dave,

 

If a copy of the docs. is not supplied within 12/14 days, then the DCA are in default and legally unable to enforce the debt without going to court. I have read that the 2 extra days are given to allow time for the requests to arrive.

 

One calendar month after this deadline means that they will have also committed a criminal offence under the Consumer Credit Act, 1974 as well as being legally unable to enforce the debt.

 

I live in hope that all of mine will be committing a criminal offence in due course. :)

 

 

The one month deadline expired yesterday, what letter do i now send to both DCA's informing them of this?

 

Many thanks for everyones assistance

 

David

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I live in hope that all of mine will be committing a criminal offence in due course.

 

PriorityOne, like you i also live in the hope that mine also do not send me the agreement. I sent all my CCA's at the beginning of this month.

 

Every time the post arrives, i hope its not an agreement copy but a cheque (i have also requested some money back, not much, but a start).

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