CCJ with BW Legal 18/10/2017

[warwick65]

Re: CCJ with BW Legal 18/10/2017

Hi

So it looks like they have sent the agreement

Did you send a CCA request to PRAC?

What did you ask for in the car 31.14 request ?

From what you have posted , they have responded to your CCA request although from BW legal and not PRAC
When it comes to writing your defence I would argue ( because I am bloody minded and not because in reality I think a hanging judge would believe me) that PRAC have not complied with your CCA request.

Possibly more importantly they have not sent a DN or the Notice of assignment - as long as you asked for them see above.

I also hope that you asked for the Deed of assignment.

Had you received a letter before action at some point prior to the claim form?

[New6466]

Re: CCJ with BW Legal 18/10/2017

Hi Warwick

i have sent sent a cca request to PRAC financial,
and the 31.14

i asked for

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

can not remember if I received a letter before action.

thanks for your reply

[New6466]

Re: CCJ with BW Legal 18/10/2017

[MENTION=98117]warwick65[/MENTION] what should my next steps be

thanks

[warwick65]

Re: CCJ with BW Legal 18/10/2017

Hi
Well you next stage would be to enter your defence which is due 33 days from the date on the claim form. If I got this right the date on the form was 18th Oct so 33 days is 20th November by 4pm.

the general consensus is that you submit your defence on the last day and do it via MCOL or you can email it.

There are some draft example defences in the received a court claim section of the forum
[MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] could this be moved to the right section please

I am afraid I know nothing about PRAC financial so have no idea how they are likely to react

On a side note it seems odd that so many of the debt recovery companies are based in that part of the world

[MIKE770]

Re: CCJ with BW Legal 18/10/2017

Example Defence

[New6466]

Re: CCJ with BW Legal 18/10/2017

Thank you warwick,

do I put in my defence that they have not sent me the notice of assignment or the default notice or PRAC financial have not sent me the cca or formal agreement

thanks for for your help really very grateful

- - - Updated - - -

[warwick65]

Re: CCJ with BW Legal 18/10/2017

If you look at the sample defence posted by Mike you will see there is opportunity for all your comments; maybe do a draft and post it up so people can have a peek

[New6466]

Re: CCJ with BW Legal 18/10/2017

Ok will do thanks

[New6466]

Re: CCJ with BW Legal 18/10/2017

hi this is my defence so far if anybody could look kind regards
Particulars of Claim:
The Claimant's Claim is for the sum of £485.04 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 Ltd t/a Payday UK under account reference xxxxxx 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 sec 69 of the County Courts Act 1984 at a rate of 8% per annum.( a daily rate of £0.08) from the date of assignment of the agreement to 17/10/2017 being amount of £25.04.


Defence:
1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Payday UK. I do not recall the precise details of the agreement number quoted and have sought verification from the claimant by way of sending a formal request for copies of documents mentioned in the statement of case pursuant to CPR 31.14 and as formal request for a copy of the original agreement pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee, these where sent by recorded delivery on the 23/10/2017. I do not recall a notice of Assignment issued on 09/12/2016.
3. Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.
4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; despite attempts to contact the Claimant by telephone and email, no information was forthcoming. I have now sent a formal letter requesting the Claimant/their solicitors to provide any evidence of credit agreement/assignment/balance/breach by CPR 31.14, and I am also awaiting a response to my section 77 request, therefore the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim.


5. As mentioned above, I have requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. I am still awaiting a response.
The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974.
8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[New6466]

Re: CCJ with BW Legal 18/10/2017

[MENTION=98117]warwick65[/MENTION] hi could you please take a look at the defence

thanks

[warwick65]

Re: CCJ with BW Legal 18/10/2017

Not sure where you got the template from but it is out of date . S82a cca has been repealed and no longer exists.

I would also also use more paragraphs , using a separate paragraph for each point you make

[New6466]

Re: CCJ with BW Legal 18/10/2017

Ok will revise cheers

[New6466]

Re: CCJ with BW Legal 18/10/2017

Hi guys I’ve received a response to my defence can anyone please advise next step

thanks

[Amethyst]

Re: CCJ with BW Legal 18/10/2017

Did you receive their 26 October email with the copy agreement and terms ?

[Amethyst]

Re: CCJ with BW Legal 18/10/2017

Oh ignore me... http://legalbeagles.info/forums/show...l=1#post760505

having a proper read back now.