** WON ** PRAC / ex Payday Express / Instant Cash Loans

[peterfranks]

My summer in court involves a second case prac financial/bwlegal but I didn't start a thread about it because i was confident I could do it myself.
I defended the original claim
They replied without supplying either the original default notice/assignment and asked me to withdraw my defence.
Case passed to local court with date in Aug so filled out my witness statement and sent it off to them and court a few days before deadline.
Today i recieved their witness statement with a miraculous appearance of a letter assigning the debt from paydayloans and a very dodgy looking default notice (not on headed notepaper, basically a letter typed in word)

Can they do this? These are two documents that were not provided to me when I asked in original defence. Can I amend my defence/witness statement (today is last day to meet deadline)

this is what i get for trying to do things myself! ;(

I ve attached what they call in their witness statement their "reconstituted default notice" and their original reply to my cpr request

[Amethyst]

Can you upload the credit agreement and notice of assignment they sent you as well pls xx

[peterfranks]

here's their witness statement
mine (sent before i got their one)
credit agreement (from their witness statement)
the assignment (sent only with their witness statement)
sorry its a lot!

[peterfranks]

contd

[peterfranks]

last ones

[Amethyst]

I believe they will need another assignment notice.

Were the particulars of claim for instant cash or Express finance ?

The assignment would have to be during the lifetime of the agreement for instant cash to have defaulted an agreement taken
out with a different company.

Notice of Assignment is from Instant Cash Loans t/as Payday Express

62EC8B83-BD53-4F84-974A-72D23DDAC899.jpeg

The credit agreement is with Express Finance (Bromley ) t/as Payday Express

24A329C7-F0DF-4E19-8C6B-D51942F19027.jpeg

[peterfranks]

particulars of claim were from instant cash loans

[Amethyst]

Do they say this ? ( thereabouts )

under a loan agreement regulated by the consumer credit act 1974 between the defendant and Instant Cash Loans Limited t/a Payday Express under account reference xxxxx and assigned to the claimant

[peterfranks]

full original particulars of claim:

"The claimant's claim is for the sum of "xxx being monies due from the defendant to the claimant under a loan agreement regulated by the consumer credit act of 1974 between the defendant and instant cash loans limited t/a paydayexpress under account ref xxxx assigned to the calimant on 9.12.2016, notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terns of the agreement and a default notice has been served and not compiled with.
The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of £0.18) from the date of assignment of the agreement to 14/01/2019 being an amount of £136.06"

also another point. In their original questionnaire they stated that there would be 0 witnesses present. After receiving my witness statement and questionnaire that stated I would be present they now say that there will be an "advocate" representing them at court. Can they do this??

[peterfranks]

So is there anything I can do at this stage? Or do I have to wait until the court day?

[GBExile]

Instant Cash Loans Ltd did not own Express Finance Bromley Ltd at the time of the loan.

& Payday Express was not a trading name of Instant Cash Loans Ltd at the time of the loan.

So any documents you have portraying this are false documents.


Like said above. They are missing assignment from Express Finance Bromley Ltd to Instant Cash Loans Ltd.

But should they provide it then that goes against all the information they have previously supplied so if I was you I would stipulate that you have serious concerns that PRAC do not own the debt in the witness statement & then politely request BW Legal supply such a document & remind BW Legal that they & their client have a legal duty to halt/suspend all legal action when a legitimate concern about the debt & their court action has been raised.

[peterfranks]

thanks for that info GBexile but my problem is that they provided all this info only with their witness statement....AFTER i had sent mine to them and the court. My question is can i do anything now the deadline has passed or do i have to wait until the court case in August

[GBExile]

thanks for that info GBexile but my problem is that they provided all this info only with their witness statement....AFTER i had sent mine to them and the court. My question is can i do anything now the deadline has passed or do i have to wait until the court case in August

Up to you what you do.

All I am saying from what they have provided to you then PRAC do not own this debt. Express Finance Bromley Ltd still do because the debt was never assigned to Instant Cash Loans Ltd.

I would write to BW Legal stating that Instant Cash Loans Ltd had no interest in Express Finance Bromley Ltd until 2016. So the debt cannot be transferred from Express Finance Bromley Ltd (trading as Payday Express) via Instant Cash Loans Ltd without a further assignment notice from Express Finance Bromley Ltd to Instant Cash Loans Ltd.

Whilst doing so I would ask them to address your serious legitimate concerns about possible tax avoidance & supply you with said assignment notice. And obviously reassure you & the court that no avoidance has taken place.

At which point BW & Prac are legally obliged to halt/suspend legal action until they look at your legitimate complaint.

But that is me but it certainly seems like they are missing a bit of paper.

Funny thing is that if they do come up with the assignment notice then they have blown their whole case. Because that notice would not fit in at all with their claim at all. .

[Amethyst]

Documents often aren't produced until exchange of witness statements. If there is new information you need to respond to before the hearing you can file a supplementary witness statement in reply.

[peterfranks]

OK. Thanks Amethyst. Is there a template for that type of supplementary witness statement anywhere here? I assume it needs to be sent to both the court and the claimant?