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**DISMISSED!!** Court Claim - Prac financial / Instant cash loans (payday uk)

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  • **DISMISSED!!** Court Claim - Prac financial / Instant cash loans (payday uk)

    Received a claim? Yes
    Issue Date: 25-8-2017
    Amount approx: 180
    Claimant: Prac financial
    Solicitor: BW Legal
    Original Credit: Instant cash loans (payday uk)

    Particulars of Claim:
    Pic added below POC remarkably detailed for gutter dwelling DCA

    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:


    - - - Updated - - -

    Claim received 1 week after I wrote to original creditor making irresponsible lending complaint. (multiple PD rolling loans to pay monthly bills after I was made redundant. No other choices at the time)

    - - - Updated - - -



    - - - Updated - - -

    https://postimg.org/image/gugjhe56d/
    Tags: None

  • #2
    Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

    Original creditor has referee me back to dca claimed I need to dispute with them as account has been sold. I thought disputes had to be raised with original creditor

    Comment


    • #3
      Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

      DCA has failed to supply CCA after both 12 days and 30 + 12 days.

      Letter was sent recorded and was signed for their end.

      What are the next steps? do I complain to FO or OFT about their failure to provide? Do I just use it as part of defense in court? Court case is at DQ form stage.

      If it is a criminal offense to fail to supply after 30 days then will they risk court?

      Comment


      • #4
        Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

        Originally posted by Minionherder View Post
        DCA has failed to supply CCA after both 12 days and 30 + 12 days.

        Letter was sent recorded and was signed for their end.

        What are the next steps? do I complain to FO or OFT about their failure to provide? Do I just use it as part of defense in court? Court case is at DQ form stage.

        If it is a criminal offense to fail to supply after 30 days then will they risk court?
        Does anyone have any insights?

        Comment


        • #5
          Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

          It isn't a criminal offence any more - that was revoked in 2006, and the OFT have not existed since 2014 - I suspect you've been reading some pretty out of date stuff.

          As you're at DQ stage it means you have already filed your defence? What have you entered as defence ?

          ( and apologies your posts have been missed till now!)

          Claim received 1 week after I wrote to original creditor making irresponsible lending complaint.
          I think that will be coincidence, have you heard back from the original creditor at all ? ( think they have gone out of business actually so you might have to wait and go to the ombudsman with your complaint - have you read Debt Camel's guidance at all ? https://debtcamel.co.uk/payday-loan-refunds/ )

          ah ha
          Originally posted by Minionherder View Post
          Original creditor has referee me back to dca claimed I need to dispute with them as account has been sold. I thought disputes had to be raised with original creditor
          They do. - https://debtcamel.co.uk/payday-uk-stops-lending/
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

            Originally posted by Amethyst View Post
            It isn't a criminal offence any more - that was revoked in 2006, and the OFT have not existed since 2014 - I suspect you've been reading some pretty out of date stuff.

            As you're at DQ stage it means you have already filed your defence? What have you entered as defence ?

            ( and apologies your posts have been missed till now!)


            I think that will be coincidence, have you heard back from the original creditor at all ? ( think they have gone out of business actually so you might have to wait and go to the ombudsman with your complaint - have you read Debt Camel's guidance at all ? https://debtcamel.co.uk/payday-loan-refunds/ )

            ah ha

            They do. - https://debtcamel.co.uk/payday-uk-stops-lending/
            Hi,

            Guess some stuff I've been looking at is old.

            So far,
            Sent CCA request,
            Sent CPR request
            Waitied for a few weeks then submitted defense based partially on the debt being currently disputed and also awaiting documents from prac. Stated upon receipt of their docs I will need to refile my own defense.
            They have missed both the 12 day and 30 day limit for CCa request, (the 12 day was before I sent defense)
            I sent them a you missed 12 days letter.
            ONLY letters they have sent me in return are their copy of DQ no sign of CPR reply.

            Im assuming one of two things will occur.
            1 They will drop just before court.

            2 They will send docs just before court and try to go through with claim. Assuming this is their tactic I fully intend to complain to every possible ombudsman and agency that I can. I'll attempt to resubmit a new defense based on them failing to disclose documents as required leaving me at a huge disadvantage.

            The complaint to original creditor is still ongoing, they apologised and stated they need more time to complete it. It is extremely likely I will get some part of this refunded, multiple rolled over PD loans, multiple PD loans from multiple lenders. Not perfect I know but was struggling to pay mortgage after being made redundant from one job then 6 motnhs later laid off temporarily from another at the time of the loans.

            Comment


            • #7
              Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

              Originally posted by Minionherder View Post
              Original creditor has referee me back to dca claimed I need to dispute with them as account has been sold. I thought disputes had to be raised with original creditor
              You are correct - go back to Payday UK and insist they consider your affordability complaint, if they refuse send it to the Financial ombudsman

              - - - Updated - - -

              Originally posted by Amethyst View Post
              think they have gone out of business actually
              no, they have stopped lending online using the PDUK brand, but they are not in administration and the Money Shop is still lending.

              Comment


              • #8
                Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                Update
                Bw never responded to cca request or cpr request.

                Dqs have been exchanged.

                Just had letter from them stating original creditor has told them dispute is resolved. It isn't I'm going through financial ombudsman.

                Also inludes instructions on how to withdraw my defense. How kind of them.

                Considering their extremely unreasonable behaviour what next?

                Sit and wait?

                Comment


                • #9
                  Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                  Reply saying that the dispute has not been resolved and the complaint is currently with the Financial Ombudsman. You could also phone the FOS up and explain there is a court case underway and ask if your complaint could be allocated as soon as possible because of this.

                  Comment


                  • #10
                    Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                    Update:

                    DCA have paid court fee and court is in the first week of feb.

                    FOS still looking at complaint and have asked me to forward them docs including bank statements and other details.

                    I will be making a huge complaint to the FOS about the debt collector once this is concluded. CCA only replied to after 3 months, CPR request never responded to. They have literally forced me to go to court as mediation wouldn't even look at the case without the document disclosure. They have known from day one the account is disputed.

                    I added a note into my defense stating I may wish to refile a defense once the claimant discloses the docs. Should I go to court and win I will ask for my costs now, they've pee'd me off.

                    What costs can I claim? I'll have to take a day off work so theres a holiday day lost, can I claim for time researching the case if so what is an fair cost per hour.

                    Considering they have not been reasonable and I can prove this any tips for my witness statement to highlight it?

                    The FOS may not have even ruled on the case by the court date its only 3 weeks away. By the time I supply paperwork and the original creditor does the same it may have come and gone.

                    Also very surprised they are going to court for a debt less than £110.

                    Comment


                    • #11
                      Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                      They have supplied a reconstituted agreement, any idea what I should be looking at on it to see if it is enforcable?

                      Still no notice of assignment or default. (Im assuming they will send it in the pack 14 days before court.)

                      Comment


                      • #12
                        Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                        @Debt Camel

                        ?

                        Comment


                        • #13
                          Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                          Have you phone the FOS up and explained there is a court case underway and asked if your case can be prioritised?

                          Comment


                          • #14
                            Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                            Originally posted by Debt Camel View Post
                            Have you phone the FOS up and explained there is a court case underway and asked if your case can be prioritised?
                            Yes, They are waiting for docs from original creditor to make decision. I have till wednesday to send in Witness statement so still a little unsure of my position.

                            Which of these arguements should I concentrate on in defense.

                            The debt is in dispute with original creditor. (Likely to be ruled irresponsible lending, eg pd loan day after pd loan paid back, multiple roll overs ect.
                            PRIC and BW have not supplied docs asked for in CPR request
                            Only reconstituted agreement supplied 3 moths late.
                            Unreasonable behaviour by claimant.

                            Comment


                            • #15
                              Re: Court Claim - Prac financial / Instant cash loans (payday uk) - 25-8-2017

                              Most of those points aren't really a defence. And you can't rely on a complaint to the FOS about the DCA helping you after the event as the FOS will normally refuse to consider complaints about a CCJ.

                              I am not a lawyer and can't help you draft this. Some of the areas that could be included are (but what follows is not wording that I suggest you use without advice from a lawyer):

                              ----------------------------------------------------------------------------------------------------

                              you deny liability for the amount of the debt because there was an Unfair Relationship between you and the PDUK.

                              Section 140A of the Consumer Credit Act 2006 enables a borrower to challenge a credit agreement in court on the grounds that the relationship between the lender and the borrower is unfair to the borrower http://www.legislation.gov.uk/ukpga/...9/section/140A
                              specifically
                              The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—
                              (a)
                              any of the terms of the agreement or of any related agreement;

                              (b)
                              the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement;

                              (c)
                              any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).



                              So you are arguing that the failure by the PDUK to make appropriate affordability checks before giving the loan the court action relates to was irresponsible lending. Cite the sections from the OFT's http://webarchive.nationalarchives.g...it_act/oft1107 which make it clear that it is irresponsible lending to not consider affordability properly

                              eg 4.4 The OFT would regard 'without undue difficulty' in this context as meaning the borrower being able to make repayments (in the absence of changes in personal circumstances that were not reasonably foreseeable at the time the credit was granted): • while also meeting other debt repayments and other normal/reasonable outgoings and • without having to borrow further to meet these repayments.

                              Then list all your previous loans from PDUK (if you have a statement of account from PDUK that would be best) and say that this history should have showed PDUK that you could not repay a loan without borrowing again. It was irresponsible lending for PDUK to give you the loan the court action relates to, this constitutes an unfair relationship.

                              Section 140B 1 c of the CCA http://www.legislation.gov.uk/ukpga/...9/section/140B then allows a court to

                              reduce or discharge any sum payable by the debtor or by a surety by virtue of the agreement or any related agreement;

                              You are arguing that your liability should be reduced to the amount you borrowed less any payments you have made.

                              Add the points (with evidence) that you had already made a complaint to PDUK before this court action was started and that this complaint is still continuing eg evidence of your FOS case

                              If some of these points were not made at all in your original defence, you may need to get permission to amend that. Again I cannot help with this.

                              --------------------------------------------------------------------------------------

                              @Diana M @Amethyst @pt2537 any help with drafting a witness statement here? it could be useful in a few future cases...

                              Comment

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