Court claim form BW Legal/Payday UK

[jojojo]

Received a claim? Yes

Issue Date: 18/10/2017

Have you Acknowledged the Claim?: Yes

Total Amount Claimed: £313.89

Claimant’s Name:Instant Cash Loans Ltd t/a Payday UK

Solicitors Firm: BW Lrgal

Original Creditor: Payday UK

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

Particulars of Claim: The claimants claim is for the sun of £223.24 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 ref *** and assigned to the claimant on 09/12/2016, notice of which has been given to the defendant. The defendant 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 (a daily rate of £0.05) from the date of the assignment of the agreement to 17/10/2017 being an amount of £15.65


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No (original default date is 01/01/2012 according to my credit file)

List any letters you have sent (eg: CCA/ CPR ) CCA And CPR sent and they have cashed the £1 cheque

Any Other Information or Background Details:

This was for a Payday loan during a pretty tough time in my life, our business failed and we lost our house. In desperation I took out a bunch of Payday loans that I was not really able to pay back, a lot went into default. Things got worse before they got better.

About 6 weeks ago BW Legal sent through another default notice which I noted from the small print at the back of the letter could not replace the original default issued on the 01/01/2012.

On receiving the claim I checked my credit file, this loan shows as satisfied on Noddle and is in the closed account section, does this help?

Thank you all.

[warwick65]

Re: Court claim form BW Legal/Payday UK

Hi

You look like you are getting things in order. I wonder why they sent you a new DN, was it because the original one was not compliant?

In your CPR request , what did you ask for?

[jojojo]

Re: Court claim form BW Legal/Payday UK

Hi, I asked for the agreement, the default notice and the assignment.

- - - Updated - - -

I dont have the original default but they said that it was to give me more time to pay.

[Debt Camel]

Re: Court claim form BW Legal/Payday UK

Did you get a letter headed something like Letter before Action? If so what date?

If you had other payday loans with Payday Uk or any other lenders, you should consider putting in an affordability complaint and asking for a refund of interest you paid. See https://debtcamel.co.uk/payday-loan-refunds/ for more about these claims and template letters. This has two advantages - it may get you some case to pay off this CCJ if you lose the case and it may stop other claims being started if you still owe a balance.

[jojojo]

Re: Court claim form BW Legal/Payday UK

I did get a letter about action with the second default notice two weeks prior to the claim.

Quick few questions.

Am I right in thinking I have to submit my defence before the 15th? (Claim date 18th October)

Also I sent out request for info on the 25th October (first class recorded) it was signed for on 31st October (I have no idea why it took so long to get there) They have cashed the £1 cheque, but I have not heard from them. Does the 12 working days run from their receipt? As this would take it right up the the 15th when I submit my defence, would this harm my defence?

Thanks

[warwick65]

Re: Court claim form BW Legal/Payday UK

Hi Jojojo

Claim date was 18th Oct therefore you had until 6th Nov to acknowledge service and until 20th November (4pm) to submit your defence.

The time frames include 5 days for service of documents hence why a little longer than you thought

[jojojo]

Re: Court claim form BW Legal/Payday UK

Fantastic, thank you.

[jojojo]

Re: Court claim form BW Legal/Payday UK

Hi all

Is this okay as my defence? I have not heard anything at all since sending off my letters. Thanks



1: I received the claim XXXXX from the County Court Business Centre Northampton on 19/10/2017

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence

3: This claim appears to be for an Instant Cash Loan Ltd t/a Payday UK account regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Payday UK for provision of credit.

5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7: The Claimants statement of case states that the account was assigned from Instant Cash Loans Limited t/a Payday UK to Prac Financial Limited on 09/12/2016. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Instant Cash Loans Limited t/a Payday UK 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.


9.On the 25/10/17 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. BW Legal has not sent any of these documents to me.

11.On the 25/10/17 I sent a formal request for a copy of the original agreement to Prac Financial and BW Legal pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13: 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.


14: 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.


15: 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 amendments


16: It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are
true.

[jojojo]

Re: Court claim form BW Legal/Payday UK

Hi all ..... Help!

I entered my defence and hadn't heard anything apart from the courts acknowledgement.

Yesterday I received a letter from the court with a Notice of Allocation to the Small Claims track - How do I reply to this? If I say yes to mediation isn't this admitting I want to work things out with them?

Up until today I had not received any reply to either request for information. Today I received a letter from BW Legal. It states the original loan amount and date, and the last payment date.

It then says I entered into the agreement and that my defence is unsustainable. They have attached a statement showing the account number, amounts,interest, dates and repayment amounts. There is NO copy of the original agreement, no mention of the original default date or the default notice and no notice of assignment.

They say they will be successful in getting the CCJ and I should withdraw my defence.

What are my next steps please?

[Amethyst]

Re: Court claim form BW Legal/Payday UK

To be honest, they WOULD say that, so don't worry. On the directions questionnaire tick YES to mediation, it gives you opportunity to negotiate if they do send the credit agreement in between now and then - if there are still no documents you can tell the mediation team that that is the case and mediation wouldn't go ahead - unless you wanted to anyway.

Do they give any reason why they believe the Consumer Credit Act requirements don't apply to them?

This is your main paragraph at the moment

12.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

( also I think you're right including s.77 and s.78 as some of these payday loans were fixed sums and some allowed you to redraw - flexloans I think they were called )

Have you made a separate affordability complaint to the original lender btw ? to other lenders too ? If you entered into a bunch of PDL's, and if you rolled any over, at a difficult period you might well have a complaint. Some info here if you haven't already seen it https://debtcamel.co.uk/payday-loan-refunds/ It is entirely separate from the court claim though

Ahh just seen Debt Camel posted about it earlier in your thread

Did you get a letter headed something like Letter before Action? If so what date?

If you had other payday loans with Payday Uk or any other lenders, you should consider putting in an affordability complaint and asking for a refund of interest you paid. See https://debtcamel.co.uk/payday-loan-refunds/ for more about these claims and template letters. This has two advantages - it may get you some case to pay off this CCJ if you lose the case and it may stop other claims being started if you still owe a balance.

[jojojo]

Re: Court claim form BW Legal/Payday UK

Okay, thank you so much. Had a bit of a panic reading the letter, but as you say they would say that. Thank you so much for the help and advice. I haven't looked into Debt Camels advice but I will. I did have a few at the time, most are coming up to statue barred just after Christmas.

Thank you again. Jo

[jojojo]

Re: Court claim form BW Legal/Payday UK

Hi all, I have had an email through this morning about mediation giving me dates this can be done.

I still ill have not had the agreement, default notice, or notice of assignment.

What do i next please? Thanks

[jojojo]

Re: Court claim form BW Legal/Payday UK

Hi all,

BW legal have sent me the agreement this morning, still no sign of default and assignment. Am I still able to fight this?

[jojojo]

Re: Court claim form BW Legal/Payday UK

This is what I received today

[jojojo]

Re: Court claim form BW Legal/Payday UK

Hi all, any ideas on what happens next?
Thanks