BW Legal (PRAC Financial/Payday UK) vs jayb1239, Help

[Amethyst]

Everything they have on you You don't want to ask for anything specific from them. Just a general SAR. If they haven't complied you could get in touch with the ICO and complain.

The Claimant will need to produce the notices of assignment.

[jayb1239]

Everything they have on you You don't want to ask for anything specific from them. Just a general SAR. If they haven't complied you could get in touch with the ICO and complain.

The Claimant will need to produce the notices of assignment.

My previous request was just for the notice so it is probably worth re-submitting the request to them unless you disagree?

Thank you for your advice and assistance, it is greatly appreciated.

[jayb1239]

Another quick query I meant to ask earlier on, is it normal that there is no record of this debt/default on my credit file nor has there ever been to my knowledge? I've checked all 3 and no debt of this amount exists nor any debt from PDUK, MEM, Instant Cash Loans et al exists on there at all.

I'm probably wrong on my assumption but I always assumed that they had to report to the CRA's when they issued a default.

[Amethyst]

They don't HAVE to report to the credit reference agencies , just when / if they do it has to be accurate.

[jayb1239]

They don't HAVE to report to the credit reference agencies , just when / if they do it has to be accurate.

Thats a shame, however at least I now know and won't make that assumption in future.

[Amethyst]

You can still mention it in defence to further draw the debts existence into doubt

[Amethyst]

My previous request was just for the notice so it is probably worth re-submitting the request to them unless you disagree?

Thank you for your advice and assistance, it is greatly appreciated.

Sorry missed this one, yes, resend the SARS to MEM and ICL and keep it general for everything they hold on you that you're entitled to under GDPR/DPA 2018.

Subject Access Request Letter

[jayb1239]

SAR letters just waiting to go in the post box.

I've just looked on my online banking and the £1 cheque sent with the CCA request (and written on the back of it something along the lines of "Cheque only to be used as payment of the statutory fee for my CCA request. Not to be used as payment against any account") has been cashed. However BW & PRAC (PRAC don't seem to respond themselves to anything, its always BW on their behalf) have stated that they are not honouring the request as it is "at court" and looking on my BW Legal account it shows no payments to the account.

Should they have cashed this? Is this normal? Or should I blindly take that as acceptance of the request and send a letter letting them know that their 12 working days are up?

[jayb1239]

Got them in todays post. Also sent a letter out to PRAC telling them that they are in default of my CCA request.

[MIKE770]

you reminded them???????????????????????????

[jayb1239]

you reminded them???????????????????????????

Was I not supposed to? They have already told me on the phone and in writing that they were not going to honour the request and that the only way they would provide that information is if it is included in my defence and the court tells them that they have to. Plus PRAC hasn't responded to anything I generally just get a response from BW telling me that they deal with everything and then re-iterating the above.

However when I noticed that they had deposited the cheque enclosed within the request and that also had written on the back what it was for and to not accept for anything else I thought that it was worth writing just to make them aware of that and that their time was up. For them to provide it at this point they would have to go against what they have already said. It was more for personal satisfaction than anything else.

Also reading other peoples experiences BW/PRAC dont like to provide agreements and delay as much as possible then at the last possible minute produce one out of nowhere. I'd rather know in advance if they have anything other than the unsigned (including any electronic signature) agreement that I have already seen. Unless i'm wrong in my belief that there needs to be an agreement signed in one way or another.

[jayb1239]

I think we can amend to make it a bit stronger - bringing my those payments into doubt will help - so although it isn't a defence in itself - it forces them to evidence the payments as without such evidence the debt would be statute barred ( which is a defence )

On top of that they are refusing to send documents which indicates they don't actually have them, which is also a defence.

Do a SAR to both banks requesting transactions from the relevant dates - it could help later.

Ill find something re this MEM / instant cash loans issue we put in someone else's defence that we can adapt for yours

I'll have to find that later but we will also include the lack of assignments and notices from mem to instant cash loans to prac - and also the lack of default notice. BW legal don't seem to like these debts much.

Hi Amethyst, Did you have any luck with this? Thank you

[jayb1239]

Received a letter from BW this morning, arrived signed for with regards to my original letter (09/07/18) and has enclosed;
Credit Agreement
Statement of Account
Notice of Assignment
Default Notice

The Credit Agreement is the same one provided previously that has no signature or tick here to sign kind of thing, is this normal?

Statement of account is also as previously provided.

Notice of assignment is ICL t/a PDUK > PRAC

Default notice is issued by PRAC "for good measure"


Defence deadline date is drawing close.

[jayb1239]

Amethyst

Is this any good for my defence?

1. I received the claim XXXXX from the Northampton County Court on 06 July
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 Loan agreement regulated under the Consumer Credit Act 1974.
4. The Defendant has previously had dealings with “Payday Loan” companies, however has no recollection of any such dealings with Instant Cash Loans Limited t/a Payday UK nor any recollection of the agreement mentioned within the Claimants Particulars of Claim.
5. The Claimants Particulars of Claim appears to be vague and generic in nature failing to give adequate information to enable me to properly assess my position with regards to the claim.
6. The Claimants Particulars of Claim fail to state when the agreement was entered into, how the amount claimed has been calculated, or what the terms of the agreement were.
7. The Claimants statement of case states that the account was assigned from Instant Cash Loans t/a Payday UK to PRAC Financial Limited on 09 December 2016. The Defendant does not recall receiving notice of this assignment and the claimant is put to strict proof that this notice was served on the Defendant. The Claimant should also evidence that they are legally entitled to any rights under the agreement.
8. It is denied that Instant Cash Loans Limited 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. The claimant is required to prove that any Default Notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9. On the 09 July 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 who are acting for the Claimant in this case. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. BW Legal partially responded to this request however the Assignment provided was unsigned and is seemingly between myself and MEM Consumer Finance, the Default Notice was from PRAC Financial and not the original creditor mentioned within the Particulars of Claim (Instant Cash Loans t/a Payday UK).
11. It is denied that any Notice of Assignment between MEM Consumer Finance t/a Payday UK and Instant Cash Loans Limited t/a Payday UK was ever received by the Defendant.
12. On the 09 July 2018 I sent a formal request for a true copy of the original agreement to PRAC Financial Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. 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.
15. I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
16. In the event that the relevant documents are received from the Claimant I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.