PRAC Financial Limited (PayDay UK) v B2018

[b2018]

Received a claim? Yes/No: Yes

Issue Date: 07 September 2018

Have you Acknowledged the Claim?: Yes (10/09/18)

Total Amount Claimed: £5xx

Claimant’s Name: PRAC Financial Limited

Solicitors Firm: BW Legal

Original Creditor: Instant Cast Loans Limited t/a Payday Express

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




The Claimant's Claim is for the sum of £5xx 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 reference XXXXX 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 defaul tnotice 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 £0.16) from the date of assignment of the agreement to 06/09/2018 being an amount of £5x

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

List any letters you have sent (eg: CCA/ CPR ): none

Any Other Information or Background Details:


How do I request a copy of the original agreement, and assignment from original creditor to the claimant?




Also from my AOS date how long do I have?




Thanks for any help!

[Amethyst]

The issue date is the 7th September - therefore, as you have acknowledged the claim, you have until Wednesday 10th October to file your Defence.

You want these two requests to get things rolling with your defence;
CCA Request ( for the agreement )
CPR 31.14 Request ( for the notice of assignment, default notice and the loan agreement)

and then, any disputes over the debt at all ? Do you recall much about it ?
You may also want to have a look at this https://debtcamel.co.uk/payday-loan-refunds/

[b2018]

and then, any disputes over the debt at all ? Do you recall much about it ?
https://debtcamel.co.uk/payday-loan-refunds/

My credit history & finances are finally sorted and I have no CCJs, I don't want to spoil my credit but at the same time I don't want to pay £500 odd pounds that I don't owe.

[Amethyst]

Indeed, which is why you send the requests for documents before filing your defence ( or deciding to negotiate settlement ) - to check that the debt is valid. The accounts moved around a bit so there are possibly errors in the records.

Instant Cash Loans own payday express and payday uk, payday uk was original MEM Consumer Finance I think, I'm not sure about Payday Express - are both actually listed on the claim or just ICL t/as Payday UK ?
Payday Express could have been an Express Finance trading name?

Would you have any email history for any of those companies at all ?

Anything on your credit file at all under short term loans or for any of those companies?

If may well have fallen off if it was before Sept 2012 that it defaulted, and of course, that could mean it is statute barred. The Claimant hasn't given the date the agreement was entered in to, only that it was assigned ( sold) to them in 2016.

You could, as well as the CCA and CPR requests send a Subject Access Request to Instant Cash Loans to see what comes back - might shed some more light on things - Subject Access Request Letter

[GBExile]

Instant Cash Loans own payday express and payday uk, payday uk was original MEM Consumer Finance I think,

Payday UK & Payday Express were not owned & were not trading names of Instant Cash Loans Ltd at the time of the debt.

Instant Cash Loans Ltd then went on to claim Payday UK ltd & Payday Express ltd were trading names of Instant Cash Loans Ltd.

If you contact the Financial Ombudsman Service asking if Payday UK Ltd & Payday Express Ltd were trading names of Instant Cash Loans Ltd at the time of the loan then they will confirm the above.

Neither Payday UK Ltd or Payday Express Ltd have ever produced an Assignment Notice from themselves to Instant Cash Loans Ltd or MEM Consumer Finance Ltd..

This is either a mistake by Payday UK Ltd & Payday Express Ltd (at best MEM Consumer Finance Ltd) or some accountancy function that is questionable at best.

[b2018]

Hi all, thanks for the responses.

[b2018]

Thanks for any help!!!

[b2018]

Today I got a "notice of proposed allocation to the small claims track".
This comes after I filed my defence on money claim online.

My defence has always been that they don't have a any agreement with me. I also noted that on the FCA register Instant Cash Loans
ltd only began trading as Payday Express on 02/04/2015 so how could they have an agreement between myself and "Payday Express" dated 2013 anyway?

Is this case really suitable for the small claims track after I already filed my defence?

[Amethyst]

Yes. Do you have a directions questionnaire to complete and return to the court ? Remember no one has so much as read your defence at the court... and won't do until after the directions questionnaires are filed and the case sent to your local court for directions - so anything happens now is just the process and no reflection on the actual claim.

Did you include the assignment issues in your defence?

Have you still not had any documents sent to you by the claimant ?

[b2018]

Yes. Do you have a directions questionnaire to complete and return to the court ? Remember no one has so much as read your defence at the court... and won't do until after the directions questionnaires are filed and the case sent to your local court for directions - so anything happens now is just the process and no reflection on the actual claim.

Did you include the assignment issues in your defence?

Have you still not had any documents sent to you by the claimant ?

Hi Amethyst, thanks so much for your reply! This comes at I time when I genuinely (perhaps naively) thought the matter was done but it's come back at me.

I was certain the claimant has no valid claim, I also phoned B&W Legal for details of their claim (they told me loan was made in 2013 with instant cash loans that I never heard of) — because of this I didn't actually request make the CCA/ CPR requests.

Yes I included the assignment issues. That I never had any agreement with PRAC or Instant Cash Loans, highlighted the trading name issues Instant Cash Loans its have with the FCA register and etc.

I googled the small claims mediation service but it seems it's not suitable if you don't believe the debt is yours.


On the small claims track service it says "This is now a defended claim. The defendant has filed a defence".
Is it possible to defend the claim without having to attend court?
If I don't attend will the judge at least look at my defence before making a decision?

[Amethyst]

Oops - ok send the letters - particularly the CCA letter - that's important.

Did you mention that the debt may be statute barred in your defence or have you just said you don't believe the debt is yours ? Actually maybe paste your defence here.

[b2018]

Oops - ok send the letters - particularly the CCA letter - that's important.

Did you mention that the debt may be statute barred in your defence or have you just said you don't believe the debt is yours ? Actually maybe paste your defence here.

Defence:

1. I received the claim xxxxx from the County Court Business
Centre on xxx September 2018.
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 a Payday Loan account agreement
regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an
agreement with Instant Cash Loans Ltd t/a Payday Express for
provision of credit.
5. The claimant's solicitor has told me the loan was
from 18 February 2013 but on the FCA register Instant Cash Loans
ltd only began trading as Payday Express on 02/04/2015.
6. The claimant does not have any valid agreement between myself
and Instant Cash Loans ltd or Prac Financial ltd.
7. The claimant has not produced an valid assignment of any
previous loan to themselves (Instant Cash Loans Ltd) or Prac
Financial Limited.

It's not statue barred. Yes I essentially said the debt isn't mine but I also pointed out how they could have an agreement dated in 2013 under the name "payday express" when they weren't registered with the FCA under that trading name till 2015.

I received a letter today from BW Legal as well stating that their client intends to pursue the case.

I'm still 100% confident that whatever agreement they have isn't valid, but my concern is if I have to go to court (I've never had to do so).

[Amethyst]

That's fair enough. Send the CCA request to get a copy of the agreement now though, rather than waiting to be ambushed with it 2 weeks before a hearing xxx

[GBExile]

4. It is denied that the Defendant has previously entered into an
agreement with Instant Cash Loans Ltd t/a Payday Express for
provision of credit.

----

Think about it. There is no way Instant Cash Loans actually legally owns the debt. So Prac bought a piece of paper.