BW Legal/PRAC Financial Court Claim

[Bob10874]

Hi guys and gals

So on the 08/08/19 I received a claim form from BW Legal form PaydayUK originally.

I started out borrowing £100 (Was only an apprentice joiner also) which when that got paid they offered like £400 straight away (which was more than I earned a week) is there any irresponsible lending routes I could go with that also?

original default date is 29/11/2013 so not quite statue barred yet either

I have acknowledged the claim
submitted my defence
requested all the details and files from both parties
filled out the questionaire

Now been offered mediation but haven’t contacted them as of yet...... Need some advice before proceeding really. How long do I have to get in touch with them also?

my question is I received everything from BW Legal on there letterheaded paper and was missing the original default notice from PaydayUK. Surely they can not proceed with the claim if they haven’t sent me the original default notice can they?

Any help will go a long way sorry if this is all over the place causing a few sleepless nights this ordeal

[Bob10874]

Anyone help me out?

[mike22861]

I can only comment on my ongoing experience with BW Legal/Prac. They do not have the default notice and cannot obtain, they say it is archived, You won't find this out until you receive their witness statement. They will provide a reconstituted Default notice under the name Instant Cash Loans Ltd. If you check with companies house you will find that Instant Cash Loans Ltd was not trading as Payday UK they were sister companies via other holdings of Dollar Financial trading entirely separately. Unless they have an assignment notice from Payday UK to Instant Cash Loans Ltd this default notice is defective. They also provide an assignment notice from Payday UK to Prac but then claim that Instant Cash Loans Ltd was trading as Payday UK . If you follow the paper trail and time line carefully you should find interesting facts. I have a hearing on 20th Jan where this is a part of the evidence I have submitted.
Note that Payday UK is not the same as Payday UK Ltd

[Bob10874]

Ahhh OK so what does that mean then? Do they not have a legal right to try and claim this money?

What did you do about the mediation?

[Bob10874]

I can only comment on my ongoing experience with BW Legal/Prac. They do not have the default notice and cannot obtain, they say it is archived, You won't find this out until you receive their witness statement. They will provide a reconstituted Default notice under the name Instant Cash Loans Ltd. If you check with companies house you will find that Instant Cash Loans Ltd was not trading as Payday UK they were sister companies via other holdings of Dollar Financial trading entirely separately. Unless they have an assignment notice from Payday UK to Instant Cash Loans Ltd this default notice is defective. They also provide an assignment notice from Payday UK to Prac but then claim that Instant Cash Loans Ltd was trading as Payday UK . If you follow the paper trail and time line carefully you should find interesting facts. I have a hearing on 20th Jan where this is a part of the evidence I have submitted.
Note that Payday UK is not the same as Payday UK Ltd

I will double check the paperwork again then I know there paperwork has BW Legal stamped all over it and most of it is on there letterheaded paper also as well must have just been ran off the printer I guess.

[Bob10874]

OK so just been and checked through all my paperwork and have all on BW Legal headed paperwork by the way from 3 different versions of the company. Payday UK (Different Company?) PaydayUK Ltd (Different Company? And Instant Cash Loans (Different Company?)

[mike22861]

The agreement will I expect be between you and payday uk and MEM Consumer Finance, Instant Cash Loans had nothing to do with MEM they would need to show how MEM debt passed to Instant Cash loans and then to PRAC, plus you need an accurate reconsitute or a copy of the original . I wouldn't ask them for either of these specificically it is up to them to have it to show. In my Reconsituted default they used Instant Cash Loans instead of MEM in 2012 , that default is defective entirely . Note these documents were not produced under CPR only discovered at witness statement level that fortunately the Judge asked for long before a hearing and they sent to me just before my deadline to submit mine.

[Bob10874]

So not too sure what to do next then? Agree to mediation and state there I haven’t received correct paperwork ie original cca and original default notice? Transfer of ownership letter from mem cf to instant cash loans and so fourth? Or do I amend my defence to state that they have no legal claim without providing me with these documents?

[mike22861]

Definitely agree to mediation and as you say state you haven't been supplied with the information.
For your defence, state that you haven't been provided with the information that they rely upon in the particulars of claim , don't help them by being specific as to what. The default notice they provided to me ( not under CPR request but in their witness statement) was entirely ficticious , I am sure they will just as easily produce any documents that you specify, If you time it carefully you should just about receive their witness statement before you need to submit yours , I had to hand deliver my witness statement but it was worth seeing their "evidence" before submitting mine.

[Bob10874]

So phoned the mediation up and agreed to mediation they asked a series of questions and said have you received all documentation and I said no..... Have I done this at the right point?

[mike22861]

Yes that is correct, remember to add this to your witness statement later showing you agreed to mediation but BW Legal did not provide any information to use. Include if true that you have,t at this point received and documentation requested under CPR rules and if applicable* even documents they rely upon in their statement of claim ie Agreement, Default notice and Assignment notice**