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Payday Loan County Court Claim by PRAC Financial Limited

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  • Payday Loan County Court Claim by PRAC Financial Limited

    Hi All,

    Any help/advice you can give me would be gratefully received. Many thanks.

    Received a claim? Yes

    Issue Date: 6/12/18

    Have you Acknowledged the Claim?: Not yet but will do by Monday (10th Dec)

    Total Amount Claimed : £1400

    Solicitors Firm: BW Legal

    Original Creditor: Payday UK (Instant Cash Loans Limited)

    Original Debt (eg. Credit card/Loan/Overdraft) : Payday Loan

    Particulars of Claim: The claimant's claim is for the sum of £xxxx 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 defendent 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 from the date of the assignment of the agreement to 05/12/2018 being an amount of £xxx.

    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 ): None as yet

    Any Other Information or Background Details:
    Tags: None

  • #2
    Do you know how much you initially borrowed from Payday U.K.?

    Do you have the original documents in your emails at all ?

    Was it opened in 2014 ?

    Did you have other other payday loans at the time you took this one out ?

    Was this the first loan you'd had with Payday UK ?

    Have you made any unaffordability complaint ?

    Does the debt show on your credit file ?

    Yes get the claim acknowledged Monday and then you can sort out a CCA request and CPR letters for the claimant.

    ( sorry for all the questions )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Comment


    • #3
      Originally posted by rokker View Post

      Particulars of Claim: The claimant's claim is for the sum of £xxxx 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 defendent 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 from the date of the assignment of the agreement to 05/12/2018 being an amount of £xxx.

      :
      CPR 31.14 request ( https://legalbeagles.info/library/gu...-of-documents/. )
      ask for

      Loan Agreement and terms
      Notice of Assignment
      Default Notice



      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Originally posted by Amethyst View Post
        Do you know how much you initially borrowed from Payday U.K.?

        Do you have the original documents in your emails at all ?

        Was it opened in 2014 ?

        Did you have other other payday loans at the time you took this one out ?

        Was this the first loan you'd had with Payday UK ?

        Have you made any unaffordability complaint ?

        Does the debt show on your credit file ?

        Yes get the claim acknowledged Monday and then you can sort out a CCA request and CPR letters for the claimant.

        ( sorry for all the questions )
        Hi,

        Thanks for your assistance. In answer to your questions;

        1. Honestly not sure, I have £600 in my mind but could be wrong.

        2. I took the loan over 10 years ago, again not sure of exact time.

        3. At the time I was using multiple Payday loan companies, so potentially yes.

        4. No, I borrowed from them multpile times.

        5. No

        6. Not sure, should I check?

        Also, this red section from the CPR 31.14;

        'For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.'

        Should I remove this or just edit it, please?

        Thanks again.
        Last edited by rokker; 8th December 2018, 16:17:PM.

        Comment


        • #5
          Hi,

          I have posted the CPR 31.14 and CPA this morning, plus acknowledged the claim online on Saturday.

          Any further advice would be very gratefully received.

          Many Thanks

          Comment

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          SHORTCUTS

          Pre-Action Letters
          First Steps
          Check dates
          Acknowledge Claim
          CCA Request
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          Subject Access Request Letter
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          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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