BW LEGAL Claim

[GBExile]

Thank you, any link or anything to let me read more about it please?

https://legalbeagles.info/forums/for...ant-cash-loans

Same applies from both payday express to payday uk.

[jaguarsuk]

Your deadline to file your defence was 4pm yesterday.

You urgently need to compose a defence from the Example Defence copy it here(with info removed) and file it. Hopefully they won't have noticed you haven't filed and you'll get it in before they do.

Check Immediately if the money claim site is still allowing you to file a defence or default judgement has been requested?

[colin_s]

Your deadline to file your defence was 4pm yesterday.

You urgently need to compose a defence from the Example Defence copy it here(with info removed) and file it. Hopefully they won't have noticed you haven't filed and you'll get it in before they do.

Check Immediately if the money claim site is still allowing you to file a defence or default judgement has been requested?

doing it now
quick question, forgetting the fact it isn't my debt, should I use Payday UK as the creditor or Instant Cash loans? Bear in mind the SAR shows 2 different loans by two different companies, however both trading as Instant Cash Loans

[colin_s]

Is this ok?

1.The Defendant received the claim xxx from the County Court Business Centre on xxx



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

3.This is for a loan agreement regulated under the Consumer Credit Act 1974.

4.It is denied 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 fails to state the date when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Payday UK to Prac Financial Ltd on xxxx/2016.The Defendant does not recall receiving notice of this assignment.

8.It is denied that 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. The Claimant is fully aware there is a dispute in regards to this debt, yet still issued a claim.

10.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.

11.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

12.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

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

[jaguarsuk]

doing it now
quick question, forgetting the fact it isn't my debt, should I use Payday UK as the creditor or Instant Cash loans? Bear in mind the SAR shows 2 different loans by two different companies, however both trading as Instant Cash Loans

PRAC Financial are the claimant if you are talking about the header section of the defence?

I'll have a look at the defence now and come back

[colin_s]

PRAC Financial are the claimant if you are talking about the header section of the defence?

I'll have a look at the defence now and come back

Thank you, I meant for the parts like this

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

Should I mention anything about the notice of assignment etc at this stage, I also thought this might be better for number 11

11.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out. Documentation should include, but not be limited to: Notice of Assignment, Default Notice, Proof of Service for both documents.


thank you again

[jaguarsuk]

See what you think of this....

1. The Defendant received the claim xxx from the County Court Business Centre on xxx

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

3. This matter appears to be for a loan agreement regulated under the Consumer Credit Act 1974.

4. It is denied that the Defendant has previously entered into an agreement with Express Finance (Bromley) T/A Payday Express (hereafter 'Payday Express') and/or MEM Consumer finance ltd (hereafter 'MEM'), and/or Payday UK (hereafter 'Payday UK'), and/or Instant Cash Loans t/a PaydayUK (hereafter 'ICL PaydayUK') for provision of credit.

5. The Defendant has notified the Claimant of the existence of another person of the same name and date of birth as the defendant resident in <<WHERE YOU LIVE>>.

6. The defendant believes the alleged debts to have been entered into by this individual and will evidence having never resided at the address the Claimant had been corresponding with the true debtor prior to June 2019.

7. On <<DATE>> the Defendant informed the Claimant of this fact and they chose instead to file a claim contrary to the advice of the Financial Conduct Authority CONC 7.14.1 (1) and 7.14.2(1).

8. On <<Date>> The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. It requested the Claimant provide copies of the Credit Agreements, Default Notices and Notices of Assignment.

9. BW Legal have only provided two Credit Agreements at the address they corresponded with the true debtor prior to June 2019 from Payday Express and MEM/PaydayUK.

10. The Claimants statement of case states that the accounts were assigned from ICL Payday UK to Prac Financial Ltd on xxxx/2016. The Defendant does not recall receiving notice of this assignment and the Claimant is yet to evidence assignment under the Law of Property Act 1925 s.136, thus their legal right to bring any claim.

11. The Defendant does not recall receiving notice of assignment between Payday Express and/or MEM and ICL PaydayUK and the Claimant is yet to evidence assignment under the Law of Property Act 1925 s.136, which raises further question around their legal right to bring any claim.

12. It is denied that PayDay Express and/or MEM/PaydayUK served any Default Notices on the Defendant pursuant to s87 Consumer Credit Act 1974.
13. The Defendant asks that the Claimant be put to the strictest proof that Default Notices was served upon the Defendant and that any Default Notices relied upon complied with the requirements of s.88(4A) Consumer Credit Act 1974.

14. The Defendant in requesting documents asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5) to allow them all the time they needed, but they declined.

15. 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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

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

[jaguarsuk]

Once filed send a copy to the BW legal, normally you let the court, but you should send them a copy of this and the evidence showing you've never lived at the address with a cover letter inviting them to file a notice of discontinuance or else it is your intention to file an application to strike out the claim pursuant to CPR 24.2(a)(i).

If you need help with a draft just ask.

[colin_s]

Thank you very much.

Regarding point 5, I haven't told them that, I have told them I have not lived at the address in question, I would have told them but they wouldn't talk to me, and told me to take it up in court, so I will remove that point

[jaguarsuk]

Reword 5 to read:

The defendant believes the alleged debts to have been entered into by an individual residing in <<WHERE YOU LIVE>> by the same name with the same date of birth as him due to <<HOW YOU KNOW THEY EXIST>>.

Reword 6 to read:

The Defendant notified the Claimant that he has never resided at the address stated by them where the alleged debt was agreed and will evidence having never resided at the address the Claimant had been corresponding with the true debtor at prior to June 2019.

Reword 7 to read:

The Claimants response contrary to the advice of the Financial Conduct Authority CONC 7.14.1 (1) and 7.14.2(1) was to advise the Defendant to "take it up in court."

[colin_s]

Thank you very much, defence was submitted yesterday
I'll keep you updated with any response I get.

[colin_s]

I sent a SAR to ICL (moneyshop) and as I replied to their DP email stating I couldn't answer the questions as I wasn't the customer who took the loan out, they have refused to supply the information.
So if they stick to that, it should be fun in court!

[jaguarsuk]

Indeed, but it’s all a part of your evidence.

[colin_s]

Quick update on this

Got the SAR information from them, missing certain stuff

No account notes that I specifically requested
Nothing to suggest any reason why they think I'm the debtor, all letters up until a year ago were going to the address they told me the loan was taken out at, then suddenly this year they started sending them to me.
No notice of assignments or default notices provided.

I also complained to them that they had continued collection activities after being informed the account was in dispute, they responded a few weeks ago saying they were looking at the complaint. Nothing since.

Got a letter today 'Notice of intention to proceed' telling me how confident they are of winning and giving me until the 9th September 2017 to pay the balance. So I'll just ring the Doctor, borrow the Tardis, and nip back in time to do that

Anything I should do now or just sit and wait?

[colin_s]

Got a copy of their questionnaire they filed with the court the other day, just saying small claims track etc.

Anything else I should do at this point please, still haven't had default notices or NOA