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PRAC Financial Limited v FatallyAddictive

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  • #46
    Originally posted by warwick65 View Post

    I guess timing is the important thing here
    I know MEM and Express Finance were at one time separate companies but there were lots of mergers and acquisitions at some time in the last 6 years so what they are now is different to what they were then if you see what I mean
    No Warwick. MEM Consumer Finance Ltd (Payday UK) & Express Finance Bromley Ltd (Payday Express) have always been & still are separate legal companies.


    Comment

    • #47
      Originally posted by Amethyst View Post
      I believe the question on this thread - and how this subject came up - is that the particulars of claim is for a loan 'Instant Cash Loans t/as Payday Express' however the actual agreement is ' Express Loans ( Bromley ) t/as Payday Express ' - and is that something can be used in defence ( even if only to force the claimant to amend their particulars of claim )

      Agreement - http://legalbeagles.info/forums/file...tch?id=1400169

      POC


      There is also the issue of BW Legal issuing a 'second' "Default Notice " - see http://legalbeagles.info/forums/file...2&d=1523868938 ( although no actual default notice seems to have actually been sent just a letter saying it has )

      The particulars of claim will need to be amended as the wrong company is suing. They should also have to pay for the defence to be amended and with a debt of this size they may well just discontinue.

      BW Legal has not issued a default notice at all.

      However say they had issued a 2nd default notice what would it relate to? They should have purchased a charged off debt sum not an active credit agreement with payments still ongoing so there is no live agreement to issue a Notice of Default on.
      • 2 likes

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      • #48
        Originally posted by Joanna C View Post


        The particulars of claim will need to be amended as the wrong company is suing. They should also have to pay for the defence to be amended and with a debt of this size they may well just discontinue.

        BW Legal has not issued a default notice at all.

        However say they had issued a 2nd default notice what would it relate to? They should have purchased a charged off debt sum not an active credit agreement with payments still ongoing so there is no live agreement to issue a Notice of Default on.
        BW Legal have provided a false document to court.

        Comment

        • #49
          FatallyAddictive Did you get this sorted in the end?
          #staysafestayhome

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

          Received a Court Claim? Read >>>>> First Steps

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          SHORTCUTS


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