PRAC Financial Limited v FatallyAddictive

[GBExile]

I guess timing is the important thing here
I know MEM and Express Finance were at one time separate companies but there were lots of mergers and acquisitions at some time in the last 6 years so what they are now is different to what they were then if you see what I mean

No Warwick. MEM Consumer Finance Ltd (Payday UK) & Express Finance Bromley Ltd (Payday Express) have always been & still are separate legal companies.

[Joanna C]

I believe the question on this thread - and how this subject came up - is that the particulars of claim is for a loan 'Instant Cash Loans t/as Payday Express' however the actual agreement is ' Express Loans ( Bromley ) t/as Payday Express ' - and is that something can be used in defence ( even if only to force the claimant to amend their particulars of claim )

Agreement - http://legalbeagles.info/forums/file...tch?id=1400169

POC


There is also the issue of BW Legal issuing a 'second' "Default Notice " - see http://legalbeagles.info/forums/file...2&d=1523868938 ( although no actual default notice seems to have actually been sent just a letter saying it has )

The particulars of claim will need to be amended as the wrong company is suing. They should also have to pay for the defence to be amended and with a debt of this size they may well just discontinue.

BW Legal has not issued a default notice at all.

However say they had issued a 2nd default notice what would it relate to? They should have purchased a charged off debt sum not an active credit agreement with payments still ongoing so there is no live agreement to issue a Notice of Default on.

[GBExile]

The particulars of claim will need to be amended as the wrong company is suing. They should also have to pay for the defence to be amended and with a debt of this size they may well just discontinue.

BW Legal has not issued a default notice at all.

However say they had issued a 2nd default notice what would it relate to? They should have purchased a charged off debt sum not an active credit agreement with payments still ongoing so there is no live agreement to issue a Notice of Default on.

BW Legal have provided a false document to court.

[Amethyst]

FatallyAddictive Did you get this sorted in the end?