Payday Loan County Court Claim by PRAC Financial Limited

[rokker]

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:

[Amethyst]

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 )

[Amethyst]

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

[rokker]

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.

[rokker]

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

[rokker]

Hi,

I have had a response from BW Legal, dated 19th December.

They have written to me to say that my file has now been placed on hold and I now need to contact them to arrange payment.

They attached the Loan Agreement and terms but not the other documents requested.

The date of the loan was 4th December 2013 and for £640.

Any advice on the next steps I should take in response would be great.

Many Thanks,

[Amethyst]

You still need to file a defence ( or admission and offer to pay ) with the court before the deadline ( issue date plus 33 days )

Sounds like the loan was far more recent than you'd originally thought so it's not gonna be statute barred.

Any default notice or notice of assignment ?

Do you recall much about the loan now you have the agreement ? £1400 seems high if the original loan was £640 although if you'd not made any payments not particularly surprising. Any sign of a transaction list ?

Have you sent a subject access request to the original loan company ?

Probably, considering you had multiple loans, worth looking into making affordability complaints - if it turns out you have to settle this one, any refund could help with that without having the ccj if you get on it quickly - probably have 4/5 months before judgment if you put a defence in and go through the court process.

[rokker]

You still need to file a defence ( or admission and offer to pay ) with the court before the deadline ( issue date plus 33 days )

Sounds like the loan was far more recent than you'd originally thought so it's not gonna be statute barred.

Any default notice or notice of assignment ?

Do you recall much about the loan now you have the agreement ? £1400 seems high if the original loan was £640 although if you'd not made any payments not particularly surprising. Any sign of a transaction list ?

Have you sent a subject access request to the original loan company ?

Probably, considering you had multiple loans, worth looking into making affordability complaints - if it turns out you have to settle this one, any refund could help with that without having the ccj if you get on it quickly - probably have 4/5 months before judgment if you put a defence in and go through the court process.

Yes, much more recent than I thought!

No default notice or notice of assignment, just the loan agreement.

I don't recall much about the loan at all, but £640 is the amount of credit listed, £800 payable after 19 days.

The letter for subject access to the original loan company has never been signed for (was sent recorded delivery at the same time as the letter to BW Legal, 10th Dec). Just realising when typing this though, that although PRAC Financial Limited are the claimant that perhaps I have made a mistake and should have written to Instant Cash Loans Limited (Payday UK)??

Thanks for the advice, would it sound reasonable to file an affordability complaint as my defence?

[Debt Camel]

An affordability complaint is tricky as a defence. In theory it can be done but you have to argue that there was an unfair relationship - and I don't know of any cases being won. This would have been better started before you got the Claim form.

What you can do is put in affordability complaints to PDUK and all your other payday lenders from that time - getting refunds from them may let you pay off this CCJ if you get it. If you defend this case for as long as possible this gives you several months. See https://debtcamel.co.uk/payday-loan-refunds/ for templates and get going on these.