Money Shop/BW legal vs me

[salazz69]

Received a claim? Yes

Issue Date: 16.08.2018

Have you Acknowledged the Claim?: Yes

Total Amount Claimed: 515.80

Claimant’s Name: PRAC Financial Limited

Solicitors Firm: BW Legal

Original Creditor: Money Shop

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

Particulars of Claim: The claimants claim is for the sum of 381.76 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 t/a the money shop under account reference xxxxxxxx and assigned to the claimant on 9/12/2016, 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 assignment of the agreement to 13.08.2018 being an amount of £49.04

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not that I can recall.

List any letters you have sent (eg: CCA/ CPR ): CCA & CPR sent

Any Other Information or Background Details:

Besides them spelling my name incorrectly I do not recall owing these people any money at all.

[jaguarsuk]

You have done all you can so far, just need to wait for responses to your letters and then come back here.

Your defence deadline is 18th September 2018.

[GBExile]

What is written on the notice of assignment?

From my experience you would have been sent this already.

It will tell you who sold the debt to PRAC & the date of the sale.(9/12/06)

[salazz69]

What is written on the notice of assignment?

From my experience you would have been sent this already.

It will tell you who sold the debt to PRAC & the date of the sale.(9/12/06)

Sorry for the late reply - it says that the debt was sold to PRAC by the money shop

[salazz69]

You have done all you can so far, just need to wait for responses to your letters and then come back here.

Your defence deadline is 18th September 2018.

Just received today an envelope which contained whole bunch of letters going back to 2017 that PRAC had send to my address. In that bunch of letters there is a photo of myself from back in the day when I used to use the money shop and pay off the loans. There is however no copy of the letter of agreement that I am meant to have signed but a copy of a similar type of contract with details blacked out. I do not remember having any loans outstanding from them at all.
What do I do next...please help.

[Amethyst]

The photo thing is a bit weird, is that something they always did ?
HAve they given you any breakdown of the amount / statements etc ?
I think if you can do a picture of the agreement it would help too.

Is it this one?

[GBExile]

The photo thing is a bit weird, is that something they always did ?
HAve they given you any breakdown of the amount / statements etc ?
I think if you can do a picture of the agreement it would help too.

When you visit moneyshop (originally set up mostly for pawnbroking) & you physically do business in one of their branches they take & store ID. I am pretty sure if you cannot provide photo ID they will take your photo & more than likely they take everyones photo.

You can then walk into any money shop in the country & your account is already set up & they can confirm who you are exactly because you have already provided your picture at another branch.

I know this as they bought some gold off of me many years back.

[Amethyst]

That's a bit creepy isn't it....

[GBExile]

That's a bit creepy isn't it....

Not really. Its used by some for convenience but also handy if you want to do money transfers etc

The photo was probably introduced for people in the 80s & 90s who got paid by cheque but had no bank account or a bank account that was overdrawn & the people needed to cash in their wage cheques.

In fact that is where they first took my photo in the 90s after splitting up with my partner & having a massive overdraft so I cashed my wage cheque with them in the Midlands.

6 years ago I had some gold & a couple of diamonds to sell & went into a London branch & was surprised they had my full details including photo but it took minutes to complete the deal.

The OP must have visited a high street Moneyshop for them to have the photo.

[salazz69]

The photo thing is a bit weird, is that something they always did ?
HAve they given you any breakdown of the amount / statements etc ?
I think if you can do a picture of the agreement it would help too.

Is it this one?

Yes that is the one, I'm at work at the moment and wouldn't be able to forward a copy of the one they sent me until later on when I get home. Just a bit concerned as it appears I may have until tomorrow to prepare my defence.
They did send me a breakdown of the amount which I can upload tonight as well (with their charges as well)
What I noticed as well was that the bulk of the paperwork they sent to me was their complaint policy

Would it be too late if i was to send my defence off tomorrow?

[salazz69]

Not really. Its used by some for convenience but also handy if you want to do money transfers etc

The photo was probably introduced for people in the 80s & 90s who got paid by cheque but had no bank account or a bank account that was overdrawn & the people needed to cash in their wage cheques.

In fact that is where they first took my photo in the 90s after splitting up with my partner & having a massive overdraft so I cashed my wage cheque with them in the Midlands.

6 years ago I had some gold & a couple of diamonds to sell & went into a London branch & was surprised they had my full details including photo but it took minutes to complete the deal.

The OP must have visited a high street Moneyshop for them to have the photo.

Thats about true....I had used them a couple of times and they had said that was the way that they handled most that used their services

[salazz69]

When you visit moneyshop (originally set up mostly for pawnbroking) & you physically do business in one of their branches they take & store ID. I am pretty sure if you cannot provide photo ID they will take your photo & more than likely they take everyones photo.

You can then walk into any money shop in the country & your account is already set up & they can confirm who you are exactly because you have already provided your picture at another branch.

I know this as they bought some gold off of me many years back.

Yes , thats true

[Amethyst]

Still creepy in my mind lol.

Are you using the Moneyclaim online system to file the defence ? That should give you the exact deadline for filing the defence.

Are there any dates given in the 'statement' they sent ? when the account was opened / defaulted etc ?

So far your defence seems to be that although you had used Moneyshop in the past ( when abouts do you recall ? ) you dispute that there was any amount left outstanding. You have no record of the loan they are claiming and the agreement they have sent you is not dated or signed and appears to be a copy of someone elses agreement with their details blanked out ? There's no notice of assignment or copy of any default or termination notice.

Look forward to having a look at the docs later, does the above sound about right ?

[salazz69]

Still creepy in my mind lol.

Are you using the Moneyclaim online system to file the defence ? That should give you the exact deadline for filing the defence.

Are there any dates given in the 'statement' they sent ? when the account was opened / defaulted etc ?

So far your defence seems to be that although you had used Moneyshop in the past ( when abouts do you recall ? ) you dispute that there was any amount left outstanding. You have no record of the loan they are claiming and the agreement they have sent you is not dated or signed and appears to be a copy of someone elses agreement with their details blanked out ? There's no notice of assignment or copy of any default or termination notice.

Look forward to having a look at the docs later, does the above sound about right ?

The above sounds right indeed. Here is the paperwork, it had been 'filed away' by the missus.

[GBExile]

I would argue that if they provided a photo then they should be able to provide a full signed copy of the loan agreement keeping in mind all of the docs should have been available at the time of the assignment to PRAC due to laws on record keeping.

I would suggest/imply in my response that the fact that no signed agreement exists is because it suits the claimant not to provide it.

If they can supply your photo then they can supply the original agreement.

Unsure if that is a sound legal argument mind you.