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PRAC Financial Limited v FatallyAddictive

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  • PRAC Financial Limited v FatallyAddictive

    Received a claim? Yes
    Issue Date: 23/10/2017
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed: 711.43 Plus 60 Court fee and 70 representatives costs
    Claimant’s Name: PRAC FINANCIAL LIMITED
    Solicitors Firm: BW Legal
    Original Creditor:Instant Cash Loans Limited t/a Payday Express
    Original Debt (eg. Credit card/Loan/Overdraft) : payday Loan
    Particulars of Claim:

    The Claimant’s Claim is for the sum of £664.03 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 Express under account reference xxxxxxxx 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 default notice 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 £0.15) from the date of assignment of the agreement to 20/10/2017 being an amount of £47.40.


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
    List any letters you have sent (eg: CCA/ CPR ) AOS, CCA, CPR submitted
    Any Other Information or Background Details:

    I cannot remember the details of the payday loan I took out exactly as I took a few at the time due to being made redundant and ill health at the time. I currently have 3 children, a wife who has to stay at ho,e with our 1 year old twins as it would cost as much and more as she could earn for childcare and no disposable income whatsoever Any help on this is appreciated. Thank you

    Tags: None

  • #2
    Re: PRAC Financial Limited v FatallyAddictive

    Hi
    So there are a few things to do that will at least give you some more time to decide on what you should do

    1) Acknowledge the claim - it is best if possible to do this online using the password etc on the claim form. You have 19 days from the date on the claim form although the sooner the better

    2) Send a CCA request to PRAC financial CCA Request Letter include a cheque or postal order for £1

    3) Send a CPR 31.14 request to BW legal. CPR 31.14 Request Letter

    You can ask for the agreement. the default notice , the notice of assignment and I would ask for the Deed of assignment as well . There is no fee for this . I would also include the little bit that is in red at the bottom of the letter - include a copy of the CCA request but no fee.

    You may want to send a SAR to payday express but I know they have left the PDL market

    This gives you some time to decide on what you want to do, it also may give you the grounds for a defence or a stronger bargaining position

    Comment


    • #3
      Re: PRAC Financial Limited v FatallyAddictive

      Did you get a letter before action before this Claim form? If so, what date?

      How large are your other debts apart from this one?

      If you had other payday loans, I suggest you read https://debtcamel.co.uk/payday-loan-refunds/ and consider putting in affordability complaints to all the payday lenders you used, including payday express. For payday express, skip the Step one ask for a list of your loans and go straight to a Step 2 full complaint. Tell payday express you want them to consider your affordability complaint about ALL the loans you had from them, including the last defaulted one. If they refuse, send the complaint to the Financial Ombudsman immediately.

      Comment


      • #4
        Re: PRAC Financial Limited v FatallyAddictive

        Thank you, I have already acknowledged the claim online, also I have sent the CCA request and the CPR request with a copy of the CCA included. What would you expect to happen next? What are possible defences?

        Thank you for your response.


        Originally posted by warwick65 View Post
        Hi
        So there are a few things to do that will at least give you some more time to decide on what you should do

        1) Acknowledge the claim - it is best if possible to do this online using the password etc on the claim form. You have 19 days from the date on the claim form although the sooner the better

        2) Send a CCA request to PRAC financial CCA Request Letter include a cheque or postal order for £1

        3) Send a CPR 31.14 request to BW legal. CPR 31.14 Request Letter

        You can ask for the agreement. the default notice , the notice of assignment and I would ask for the Deed of assignment as well . There is no fee for this . I would also include the little bit that is in red at the bottom of the letter - include a copy of the CCA request but no fee.

        You may want to send a SAR to payday express but I know they have left the PDL market

        This gives you some time to decide on what you want to do, it also may give you the grounds for a defence or a stronger bargaining position
        - - - Updated - - -

        Thank you, I will get onto it, much appreciated.

        Originally posted by Debt Camel View Post
        Did you get a letter before action before this Claim form? If so, what date?

        How large are your other debts apart from this one?

        If you had other payday loans, I suggest you read https://debtcamel.co.uk/payday-loan-refunds/ and consider putting in affordability complaints to all the payday lenders you used, including payday express. For payday express, skip the Step one ask for a list of your loans and go straight to a Step 2 full complaint. Tell payday express you want them to consider your affordability complaint about ALL the loans you had from them, including the last defaulted one. If they refuse, send the complaint to the Financial Ombudsman immediately.

        Comment


        • #5
          Re: PRAC Financial Limited v FatallyAddictive

          Did you receive a letter before action? if so what date? (This may seem irrelevant but it isn't! The rules changed on October 1st this year...)

          Comment


          • #6
            Re: PRAC Financial Limited v FatallyAddictive

            Originally posted by Debt Camel View Post
            Did you receive a letter before action? if so what date? (This may seem irrelevant but it isn't! The rules changed on October 1st this year...)
            I received the letter before action on the same day as the court letter, had letters before this from them but I will confess that I didn't really read them.

            Comment


            • #7
              Re: PRAC Financial Limited v FatallyAddictive

              ok (well actually not OK at all) can you say if the letter before action looked something like what is described in this article, with all the enclosures mentioned https://debtcamel.co.uk/letter-before-claim-ccj/ ?

              if it didn't, could you post up a copy of it, with your name & address etc obscured?

              Comment


              • #8
                Re: PRAC Financial Limited v FatallyAddictive

                [QUOTE=Debt Camel;760534]ok (well actually not OK at all) can you say if the letter before action looked something like what is described in this article, with all the enclosures mentioned https://debtcamel.co.uk/letter-before-claim-ccj/ ?

                if it didn't, could you post up a copy of it, with your name & address etc obscured?[/QUOTE
                Attached Files

                Comment


                • #9
                  Re: PRAC Financial Limited v FatallyAddictive

                  Hi

                  That is not a letter of claim or letter before action.

                  Prior to Oct 1st there was no particular set format although it did need to have some things in

                  Did you receive one, they usually say blah blah if we do not receive a response before xxxxxx then we will issue a claim.

                  Here is a LBA from a different firm that i received a good while ago so you can see roughly what they look like

                  73_LBA_Capital_One_Edit.pdf

                  Comment


                  • #10
                    Re: PRAC Financial Limited v FatallyAddictive

                    I imagine, although it is difficult to say until they supply the documents you will be pleading no DN, no Notice of assignment and no deed of assignment. There will be other points.

                    This will give you the opportunity to, if it is appropriate go through mediation. It is possible , if you have no excess income you can arrange minimal payments for ever - there was a case I read about where it was £1 a month for about 500 years - so not something we need to worry about.

                    Comment


                    • #11
                      Re: PRAC Financial Limited v FatallyAddictive

                      There may have been letters before that one, I’m sorry to say I was burying my head in the sand as usual. If they don’t supply the documents then that will be my defence? Thank you

                      Comment


                      • #12
                        Re: PRAC Financial Limited v FatallyAddictive

                        Received this from BW Legal in reply to my CPR 31.14 request, how can they have misconstrued my letter so badly? I just sent the standard template off this website with the different parts changed, as I was instructed to do. What do I do now?

                        i have included the letter they’ve sent me and I’ve included what I sent them. I need to put in a defence, please help!
                        Attached Files
                        Last edited by Amethyst; 19th November 2017, 10:24:AM. Reason: edited letter to remove reference

                        Comment


                        • #13
                          Re: PRAC Financial Limited v FatallyAddictive

                          silly office clerk (probably an agency staff) opened the wrong drawer and got wrong letter, ignore their silly incompetent letter, stick to court timings etc

                          Comment


                          • #14
                            Re: PRAC Financial Limited v FatallyAddictive

                            I’ve got to submit a defence by next Saturday, I still don’t really understand what my defence will be and how to write it.

                            thank you for your reply MIKE770, it must be that, I was very shocked when I opened it!

                            Comment


                            • #15
                              Re: PRAC Financial Limited v FatallyAddictive

                              Example Defence

                              - - - Updated - - -

                              @warwick65

                              Comment

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