PRAC Financial Limited (PayDay UK) v VeeP

[VeeP]

Received a claim? Yes/No: Yes
Issue Date: 10th July 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £900
Claimant’s Name: PRAC Financial Limited
Solicitors Firm: BW Legal
Original Creditor: Payday UK (Instant Cash Loans)
Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan
Particulars of Claim: Please type out in full excluding names/account numbers:
The Claimant's Claim is for the sum of £700 being monies due from the Defendant to the Claimant under a loan agreement regulated by the Consumer Credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference XXXXX and assigned to the Claimant on 09/12/2016, notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a defaul tnotice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.16) from the date of assignment of the agreement to 07/07/2018 being an amount of £90
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statued barred.
List any letters you have sent (eg: CCA/ CPR ) CCA and CPR typed up tonight, being posted in the morning.
Any Other Information or Background Details: I am going to dispute the affordability of the loan with the OC separately. For now I have issued the CCA and CPR and will require assistance ensuring my defence submission is solid.

Please can someone just check the above that I have followed everything correctly for due diligence?

CCA gone to Claimant with copy to the Solicitor.
CPR31.14 gone to solicitor.

Claim received 10th July so will submit defence before 12 August.

Let me know if I'm missing anything or making any mistakes!

Thanks.

[VeeP]

Hi, Is anyone available to confirm my course of action above so far? Also, I was going to follow the standard defence template unless someone advises otherwise? Thanks, VeeP

[MIKE770]

jaguarsuk

[jaguarsuk]

Your deadline to file a defence is Monday 13th August 2018 4pm due to the 33rd day falling on a Sunday.

Start to prepare a defence using the Example Defence guide, so that you have one ready as you have left it to late to send the CPR & CCA request and get the documents before your deadline. In reality once it's ready you might as well file it as there's no chance of PRAC or their Solicitor complying with your requests by Monday.

Post a copy here for Critique before filing it.

Send a Subject Access Request Letter to Instant Cash Loans Limited t/a Payday UK asking for copies of:

Consumer Credit Agreement
Default Notice
Notice of Assignment to PRAC Financial Limited
Deed of Assignment with PRAC Financial Limited
Full history of account
Any other information held about you

You won't get the SAR back in time obviously, but if the Claimant is trying to source the documents you may find out what they can and can't get before they do.

[VeeP]

Thanks jaguarsuk - appreciate you.

I will get the SAR issued.

Here is a paste of my defence, please let me have your feedback and I'll file it accordingly - Thanks

DEFENCE

1. I received the claim XXXX from the County Court Business Centre on 15^th July 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Payday Loan account agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into an agreement with Instant Cash Loans Ltd t/a Payday UK for provision of credit.
5. The defendant has an active case open against the Original Creditor for breaching affordability conditions by lending the monies referenced in this claim. It has been suggested that this claim be stayed until said investigation has been completed. No response has been received to this request.
6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8. The Claimants statement of case states that the account was assigned from Instant Cash Loans Limited t/a Payday UK to PRAC Financial Limited on XXXX. The Defendant does not recall receiving notice of this assignment.
9. It is denied that Instant Cash Loans Ltd t/a Payday UK served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10. On the 1^st August 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of all relevant documents to this claim, including but not limited too – The agreement, the deed of assignment, the notice of assignment, the default warning letter, the default notice, the termination notice.
11. BW Legal has not sent any of these documents to me.
12. On the 1^st August 2018 I sent a formal request for a copy of the original agreement to PRAC Financial Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16. I requested that the Claimant show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £800
17. As the Claimant is claiming County Court Interest under Section 69 of County Courts Act 1984, details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on (as referenced in Section 2 of the Particulars of Claim) and I request the Claimant disclose EXACTLY how much they allege they paid for this account so the Court may assess whether County Court Interest is applicable to the full claim amount.
18. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
19. In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
20. It is denied that the Claimant is entitled to the relief as claimed or at all.

1. Also, as under Civil Procedure Rule Part 39 – Practice Direction 39a 3.3, I remind you of the requirement for each of the documents you use as ‘proof of your claim’, ‘the originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial’.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[GBExile]

Pay Day UK were their own independent company & not Instant Cash Loans when the debt was probably accumulated depending on the date. Therefor they may need a debt assignment notice from Pay Day UK Ltd to Instant Cash Loans Ltd & then a further debt assignment notice from Instant Cash Loans Ltd to PRAC Financial Ltd.

If you contact the Financial Ombudsman Service they will confirm this depending on the date of your debt & therefore if PRAC do not provide the Assignment Notice from Pay Day UK to Instant Cash Loans then the debt cannot be legally enforced.

(below adjusted because payday uk were then bought by mem consumer finance & then mem were bought by instant cash loans)

Send the request to PRAC for a copy of the Debt Assignment Notice from Pay Day UK to MEM then from MEM to Instant Cash Loans then from Instant Cash Loans to PRAC (see below).

This all depends on the date of the debt you accumulated. I have absolute proof from the FOS that they regard Pay Day UK & Instant Cash Loans to be 2 seperate companies in 2013 until 2015..

If you want the Ombudsmans actual name that wrote to me confirming this & their contact details let me know.

As far as I am concerned the above companies are kind of circumventing accounting procedures. If PRAC do not supply the notice of assignment from Pay Day UK to mem & then from Mem to Instant Cash Loans I doubt they legally own the debt.

Cough....

By the way. Payday UK were owned by MEM Consumer Finance before Instant Cash Loans so we really need:
Assignment Notice from Payday Uk to MEM
Assignment Notice from MEM to Instant Cash Loans
Assignment Notice from Instant Cash Loans to PRAC.

& as Payday uk & MEM are now not trading I cant see them proving the debt link.Its as dodgy as they come.

[Amethyst]

Cough... agree ( still editing )

[jaguarsuk]

Pay Day UK were their own independent company & not Instant Cash Loans when the debt was probably accumulated depending on the date. Therefor they may need a debt assignment notice from Pay Day UK Ltd to Instant Cash Loans Ltd & then a further debt assignment notice from Instant Cash Loans Ltd to PRAC Financial Ltd.

If you contact the Financial Ombudsman Service they will confirm this depending on the date of your debt & therefore if PRAC do not provide the Assignment Notice from Pay Day UK to Instant Cash Loans then the debt cannot be legally enforced.

(below adjusted because payday uk were then bought by mem consumer finance & then mem were bought by instant cash loans)

Send the request to PRAC for a copy of the Debt Assignment Notice from Pay Day UK to MEM then from MEM to Instant Cash Loans then from Instant Cash Loans to PRAC (see below).

This all depends on the date of the debt you accumulated. I have absolute proof from the FOS that they regard Pay Day UK & Instant Cash Loans to be 2 seperate companies in 2013 until 2015..

If you want the Ombudsmans actual name that wrote to me confirming this & their contact details let me know.

As far as I am concerned the above companies are kind of circumventing accounting procedures. If PRAC do not supply the notice of assignment from Pay Day UK to mem & then from Mem to Instant Cash Loans I doubt they legally own the debt.

Cough....

By the way. Payday UK were owned by MEM Consumer Finance before Instant Cash Loans so we really need:
Assignment Notice from Payday Uk to MEM
Assignment Notice from MEM to Instant Cash Loans
Assignment Notice from Instant Cash Loans to PRAC.

& as Payday uk & MEM are now not trading I cant see them proving the debt link.Its as dodgy as they come.

Personally I prefer to ask for "Assignment Notice from the original creditor to the Claimant" as if you tell them the trail and they decide to create some documents you have told them what they need to create.

If you don't tell them the trail and they do from originating creditor to claimant direct then you have something to blow their claim out the water in court.

[GBExile]

Cough... agree ( still editing )

Not as heavily edited as I thought

[VeeP]

Hi GBExile and jaguarsuk - thanks for the help so far!

Appreciate the feedback on the link between the companies, that is going to be very useful as I take this forward.

So should I amend the defence just to be more clear regarding the notice of assignment from the "original creditor to the claimant" and then I'm good to submit?

FYI, I received a letter back from BW Legal saying "They've placed my file on hold whilst they pass my query back to their client" - that's the response to my CPR31.14 lol.

[jaguarsuk]

So should I amend the defence just to be more clear regarding the notice of assignment from the "original creditor to the claimant" and then I'm good to submit?

Yes, you can go into the breakdown of the trail in your witness statement if this gets that far.

[b2018]

Hi GBExile and jaguarsuk - thanks for the help so far!

Appreciate the feedback on the link between the companies, that is going to be very useful as I take this forward.

So should I amend the defence just to be more clear regarding the notice of assignment from the "original creditor to the claimant" and then I'm good to submit?

FYI, I received a letter back from BW Legal saying "They've placed my file on hold whilst they pass my query back to their client" - that's the response to my CPR31.14 lol.

How did your case go VeeP ?
I've also received the same court claim (also same assignment date) but for a different amount.

[VeeP]

Hi all,

I never received a response to my CCA, CPR or SAR requests and today I received a DQ letter stating my claim was now defended.

I assume this means PRAC decided to initiate the claim again?

Any advice on how to proceed?

Am I just filling in the DQ and declining mediation due to the lack of documentation provided?

Thanks,
Phil

[GBExile]

Hi all,

I never received a response to my CCA, CPR or SAR requests and today I received a DQ letter stating my claim was now defended.

I assume this means PRAC decided to initiate the claim again?

Any advice on how to proceed?

Am I just filling in the DQ and declining mediation due to the lack of documentation provided?

Thanks,
Phil

Do you mean "their" claim was now defended (by you)?