PRAC Financial Limited v FatallyAddictive

[Amethyst]

Re: PRAC Financial Limited v FatallyAddictive

Did you write to Payday Express complaining about the affordability of the loan btw ? Could you have said anything in there that could have been passed to PRAC or BW and construed as an offer? (It's unlikely but best to check just in case)

Otherwise your CPR 31.14 request should have gone to the solicitors directly so it may be a breakdown in communication between PRAC and BW Legal - but it's not of your concern really. I think I would respond to that letter to confirm to them your CPR 31.14 request and deny any £1 offer was made and make clear that your £1 payment was sent direct to the alleged creditor and was not for payment to the account.

Something along the lines of

Dear BW Legal

REF: xxxxxxxxxxxxxxx

Thank you for your letter dated 15 November 2017, the content is noted however it has left me somewhat confused. For the avoidance of doubt I have not made any offer to your client, or to yourselves, and as such I will not be completing your income and expediture form.

I did write to your client on 31st October 2017, following receipt of County Court claim number XXXXX, requesting copies of documents mentioned in their statement of case. I have enclosed a copy of this letter for your reference.

I have also, as mentioned in that letter, written to your client, on the same date, formally requesting documents pursuant to section 78 of the Consumer Credit Act 1974, for which I enclosed the statutory fee of £1. That payment was not in any way a payment or acknowledgment of any liability for the debt and was the required statutory payment of £1 laid down by the Consumer Credit Act 1974 for such a request.

I trust you will correct your records accordingly and confirm to me that the requested documents will be provided before I file my defence to the claim on 24th November 2017.

Kind regards

xxxxxxxx

encls.

[FatallyAddictive]

Re: PRAC Financial Limited v FatallyAddictive

Thank you Amethyst, I sent the letter as you advised to BW legal. I have wrote to payday express regarding the affordability of the loan but I used templates to do so and there was nothing in there that could have been mistaken for an offer of payment, also in the letter they have sent me they have said it is in reply to my letter dated 31/10/17 and I didn’t send the letter to payday express until a week later. I have to write my defence tomorrow and I haven’t heard anything back from BW legal and although I have the template posted further up this thread I am still not sure what applies or does not apply to this case. I am ever grateful for all your help, it’s been a nightmare week as my wife had a car accident last week and our car has been written off and I feel very stressed out about everything, barely sleeping etc so this is such a help to me, thank you.

[Amethyst]

Re: PRAC Financial Limited v FatallyAddictive

Oh goodness poor you, sounds like you're having a tough time at the moment, hope your wife is okay - that's most important - the car is just an inconvenience xxxx

Defence wise it really will be standard fayre for now;

so I've bolded what you need to amend then it should fit on Moneyclaimonline - of course check the details on the whole thing ....


1.I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for an alleged Loan agreement regulated under the Consumer Credit Act 1974 between Instant Cash Loans Limited and myself. I do not recognise the account reference number given. I understand this is a payday loan company.
4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. There is no information as to when the agreement was entered into nor any detail how the amount claimed has been calculated, or what the terms of the agreement were.
5.The Claimants statement of case states that the account was assigned from Instant Cash Loans Limited to PRAC FINANCIAL LIMITED on 09/12/2016. 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.
6.It is denied that Instant Cash Loans Limited 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 the 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.
7.On the [Date] 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.
8.Neither BW Legal or the Claimant have sent any of these documents to me.
9.On the [Date] I sent a formal request for a 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.
10.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.
11.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.
12.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
13.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
14.It is denied that the Claimant is entitled to the relief as claimed or at all.

[FatallyAddictive]

Re: PRAC Financial Limited v FatallyAddictive

Thank you so much for your response Amethyst and I am sorry I didn’t get back to you sooner. I put the defence in online on Friday. My wife is OK thank you and also my twin daughters who were in the car with her thank god, I guess I need to thank my lucky stars for that at least, even if the car is a write off and the insurance want to give me less than half of what it’s worth ��. Once again, thank you so much for your help with this, I could not have done it without yours and the other responses on this thread.

[FatallyAddictive]

So this has come to a head and I’ve missed the deadline to submit evidence etc... in my defence my twin daughters have been in hospital with a serious infection. Anyway, what can I do about this? I’ve been sent a reconstituted copy of the agreement, statement of account and notice of assignment. I will attach these once I’m back off the school run... please help!!

[Diana M]

this has come to a head and I’ve missed the deadline to submit evidence etc.

What is the deadline you’ve missed?

Has this claim been transferred to your local County Court so you should have filed and served your Witness Statement 14 days before the Hearing?

Or is it another deadline such as the Directions Questionnaire if the claim has been stayed since you filed your Defence last November?

Di

[FatallyAddictive]

I should have submitted my defence by Friday as the court hearing is the 27th, it has been transferred to Leicester. I cannot afford a CCJ because my job specifies this!

[FatallyAddictive]

Here is the rest

[MIKE770]

Tomlin order?

[FatallyAddictive]

They have also sent me their witness statement, it’s very long, but it includes a default notice issued by bw legal in September of last year which I’ve not seen before, can they send a default notice out 3 years late and by the purchaser of the debt?

[MIKE770]

default notice issued by bw legal?? show it minus personal details default is issued by originator?

[FatallyAddictive]

E922642F-0E2A-4691-8755-E87222B2A507.jpeg This is it. No other default notice included.

[MIKE770]

Diana M

[Amethyst]

So only that ? as that isn't a default notice just a letter telling you they are sending/re-issuing a default notice - what's on the reverse just payment and contact details ? nothing headed DEFAULT NOTICE served under section 87(1) Consumer Credit Act 1974 ? Diana M

[FatallyAddictive]

Nothing on the back, contact details on the next page and then a printed leaflet type thing from the FCA an information sheet about getting a default notice. Nothing headed with that, no.

thank you for taking a look