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BW Legal/PRAC Financial/Payday Express Claim Form

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  • BW Legal/PRAC Financial/Payday Express Claim Form

    Received a claim? Yes/No: Yes
    Issue Date: 7 Aug 2019
    Have you Acknowledged the Claim?: Not yet
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £300
    Claimant’s Name: PRAC Financial Ltd
    Solicitors Firm: BW Legal
    Original Creditor: Instant Cash Loans Ltd t/a Payday Express
    Original Debt (eg. Credit card/Loan/Overdraft) : Payday loan
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The claimants claim is for the sum of £200 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 ltd t/a Payday Express under account number 22047164 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 0.03) from the date of the assignment of the agreement to 06/08/19 being an amount of £30.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
    List any letters you have sent (eg: CCA/ CPR ): None yet
    Any Other Information or Background Details:

    Ok, so here’s where it gets interesting.

    This is the only correspondence I’ve had for this debt since I took out the loan (I lost my job and needed to pay rent. I definitely took it out when I shouldn’t have) and my last payment was in 2016. I moved house twice, so it’s possible any letters went to old addresses. Payday Express went into administration and ceased trading - and they’ve been in contact with me as a creditor as they acknowledged that they lent money to me irresponsibly. The meeting of creditors is not due to take place until 2020 (I have a copy of this document and a claim number from the administrators), but in the meantime I’ve received this Claim form from someone acting on their behalf. Where do I stand here? What should be my first step?
    Tags: None

  • #2
    Correction - the first court hearing for the administration claim is on 9th August 2019. Meeting of creditors scheduled for September 2019. Second court hearing to follow that, then 6 months to make claim for money from the scheme followed by payments in 2020.

    Comment


    • #3
      What was the date of the payday loan & have you contacted the Financial Ombudsman Service?

      Comment


      • #4
        The date of the Payday loan was some time in January of 2016. Not been in contact with them, no. Only the administrators of Payday Express since they contacted me as a potential creditor. I have all the documents from them regarding irresponsible lending and claiming as a creditor.

        Comment


        • #5
          Is there anyone who can help with this? I need to respond to the claim and I want to make sure I write the right thing!

          Comment


          • #6
            Well, you cannot be a creditor of Payday Express & a creditor of Prac at the same time.

            Have you got the debt assignment notice from PE to Prac?

            More importantly have you got the debt assignment notice from PE to Instant Cash Loans?

            Comment


            • #7
              No, neither! This is the first bit of correspondence I’ve had - granted I think they had an old address for me.

              Comment


              • #8
                I will give you a clue (for you to find out) that there is no way that Instant Cash Loans bought the debt from Payday Express. That was never the case at all & never has been. That has been proven in court already.

                IE you are being taken to court via people that do not own the debt.

                Now you need to prove it. I promise you that you can prove it if you are persistent & ask for the docs. especially assignment docs from PE to Instant Cash Loans. Then ask them for the debt assignment notice from Instant Cash Loans to PRAC.

                The full assignment notices will not exist from PE to Instant Cash Loans for a start.

                They have been trying this on for years. Without an assignment notice from PE to Instant Cash Loans then they are in trouble

                Because the people that say they own the debt DO NOT actually own the debt.

                I personally think its verging on fraud or (cough) tax evasion.
                Last edited by GBExile; 12th August 2019, 13:08:PM.

                Comment


                • #9
                  I am also having this issue too! I have just sent a letter today for a signed credit agreement! They have put too much on the original debt too! (this is not including the extortionate intrest) So glad I have found this tonight as I was feeling very sick thinking about it all!

                  Comment


                  • #10
                    Read this https://legalbeagles.info/forums/for...roduced-before

                    Comment

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