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Hi all,
Thank you so much so far for all the help I have gleaned from reading your pages (not just in the below matter but others prior to this). This is my first time posting. I have read as much as I can and can't find any particulars that would answer some of my questions below. So please indulge me here and any advice offered will be gratefully received. Received a claim? Yes
Issue Date: 01/08/2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £600 plus fees/costs, totalling £800
Claimant’s Name: PRAC Financial Limited
Solicitors Firm: BW Legal
Original Creditor: Instant Cash Loans Limited t/a Payday UK
Original Debt: Loan
Particulars of Claim: The Claimant’s Claim is for the sum of <£500> 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 ******** 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 £0.11) from the date of assignment of the agreement to 31/07/2019 being an amount of £106.15.
Is the debt Statute Barred: There has been no contact with the Claimant nor Instant Cash Loans Limited t/a Payday UK. I believe this relates to a loan for which I found a letter listing the ‘Date of Execution’ of the loan as 24/07/2013, with one single payment due on 20/08/2013. Both of these dates fall over 6 years ago from today (30/08/2019) but the latter is 19 days shy of the date of issuance of the County Court Claim.
List any letters you have sent (eg: CCA/ CPR ): I sent a CPR 31.14 request to BW Legal on 19/08/2019 (tracked and received 20/08/2019). I used the template on LegalBeagles to draft the letter and requested to see the original agreement, the notice of assignment, and the default notice.
On 21/08/2019 I received a letter from BW Legal appearing to make no mention of the CPR request and stating:
‘We wrote to you recently to advise that we have issued legal proceedings against you in the form of a County Court Claim on 1 August 2019 under claim under ********.
The Letter also advised that unless we agree a suitable repayment plan with you, or you contactus to provide us with a valid reasons for non-payment, then we would look take our client instruction and enter a County Court Judgement (CCJ) against you.
It’s still not too late
Whilst the claim has now expired and our client is in a position to enter a CCJ against you, it is still not too late to get in touch with us to discuss the options available to you to prevent a CCJ and to avoid additional legal costs being added to your balance.
Please call us on 0*** *** **** by 11 September 2019 and one of our helpful agents will be able to discuss what options are available to you. (sic)’
The letter goes on but only to detail ways one might choose to ‘manage their account online’. The letter contains at least one false statement: the client is not yet in a position to enter a CCJ because I have responded with my acknowledgement of service (AoS) and my defence is not due until 03/09/2019. (I have checked the AoS was received by the court and their representative gave me the defence due date.) Furthermore, it implies the claim has ‘expired’ and that I would have until 11/09/2019 to contact them to avoid court action. Though we know if I did that they could push for summary judgement prior to that date.
I can find myself no copy of the original agreement in my files nor my email accounts. I have other communications from Payday UK and then PRAC and BW Legal, but nowhere do I have a copy of the loan agreement. The earliest record I have is a ‘Personal Loan Annual Statement’ dated 31/10/2016 which is where I found the aforementioned ‘Execution’ date.
I am in possession of three letters of claim, dated 27/10/2017, 31/07/2018, 24/06/2019. The first two were sent to my main address, at which I have lived for many years, am on the Electoral Role, and at which I maintain most of my accounts. The last was sent to a secondary address, to which I have only registered two media utilities and presumably had been found via credit reference agencies as a possible second address for me. There were no Court Claim Forms to follow the first two but the Claim Form was served to the secondary address. I presume this was done in the hope I might not respond and they would achieve a summary judgement.
There are discrepancies from the last letter of claim and the CCBC Claim Form. On the letter of claim, interest is £7.05 out (though admittedly that can be accounted for in the additional days between the two communications), but also the court fee rose £25 from the initial ‘estimate’ as did the cost of legal representation by £20. Is this a moot point, or do these figures need to match?
I’m looking to draft and file my defence this weekend and wondered if anyone had any pointers. Is a statute barred defence possible, or did they sneak that claim form in just in time? How should I respond to the letter mis-advising their success in court and appearing to grant me until 11/09/2019 to resolve the dispute – is that a case for stay of proceedings?
I know that with Payday UK I could go down the route of an affordability complaint. I have been contacted by lawyers acting on behalf of the original lender to notify me that I had been identified as a potential claimant against them for their past financial malpractices. I know that I was in 2013 in a cycle of borrowing to pay these loans, then borrowing again to live, etc. However, it does seem like a lot of administration to put in such a complaint and really at this point I’m not interested in compensation, I just want to move on and forget about them.
Dave
Thank you so much so far for all the help I have gleaned from reading your pages (not just in the below matter but others prior to this). This is my first time posting. I have read as much as I can and can't find any particulars that would answer some of my questions below. So please indulge me here and any advice offered will be gratefully received. Received a claim? Yes
Issue Date: 01/08/2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £600 plus fees/costs, totalling £800
Claimant’s Name: PRAC Financial Limited
Solicitors Firm: BW Legal
Original Creditor: Instant Cash Loans Limited t/a Payday UK
Original Debt: Loan
Particulars of Claim: The Claimant’s Claim is for the sum of <£500> 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 ******** 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 £0.11) from the date of assignment of the agreement to 31/07/2019 being an amount of £106.15.
Is the debt Statute Barred: There has been no contact with the Claimant nor Instant Cash Loans Limited t/a Payday UK. I believe this relates to a loan for which I found a letter listing the ‘Date of Execution’ of the loan as 24/07/2013, with one single payment due on 20/08/2013. Both of these dates fall over 6 years ago from today (30/08/2019) but the latter is 19 days shy of the date of issuance of the County Court Claim.
List any letters you have sent (eg: CCA/ CPR ): I sent a CPR 31.14 request to BW Legal on 19/08/2019 (tracked and received 20/08/2019). I used the template on LegalBeagles to draft the letter and requested to see the original agreement, the notice of assignment, and the default notice.
On 21/08/2019 I received a letter from BW Legal appearing to make no mention of the CPR request and stating:
‘We wrote to you recently to advise that we have issued legal proceedings against you in the form of a County Court Claim on 1 August 2019 under claim under ********.
The Letter also advised that unless we agree a suitable repayment plan with you, or you contactus to provide us with a valid reasons for non-payment, then we would look take our client instruction and enter a County Court Judgement (CCJ) against you.
It’s still not too late
Whilst the claim has now expired and our client is in a position to enter a CCJ against you, it is still not too late to get in touch with us to discuss the options available to you to prevent a CCJ and to avoid additional legal costs being added to your balance.
Please call us on 0*** *** **** by 11 September 2019 and one of our helpful agents will be able to discuss what options are available to you. (sic)’
The letter goes on but only to detail ways one might choose to ‘manage their account online’. The letter contains at least one false statement: the client is not yet in a position to enter a CCJ because I have responded with my acknowledgement of service (AoS) and my defence is not due until 03/09/2019. (I have checked the AoS was received by the court and their representative gave me the defence due date.) Furthermore, it implies the claim has ‘expired’ and that I would have until 11/09/2019 to contact them to avoid court action. Though we know if I did that they could push for summary judgement prior to that date.
I can find myself no copy of the original agreement in my files nor my email accounts. I have other communications from Payday UK and then PRAC and BW Legal, but nowhere do I have a copy of the loan agreement. The earliest record I have is a ‘Personal Loan Annual Statement’ dated 31/10/2016 which is where I found the aforementioned ‘Execution’ date.
I am in possession of three letters of claim, dated 27/10/2017, 31/07/2018, 24/06/2019. The first two were sent to my main address, at which I have lived for many years, am on the Electoral Role, and at which I maintain most of my accounts. The last was sent to a secondary address, to which I have only registered two media utilities and presumably had been found via credit reference agencies as a possible second address for me. There were no Court Claim Forms to follow the first two but the Claim Form was served to the secondary address. I presume this was done in the hope I might not respond and they would achieve a summary judgement.
There are discrepancies from the last letter of claim and the CCBC Claim Form. On the letter of claim, interest is £7.05 out (though admittedly that can be accounted for in the additional days between the two communications), but also the court fee rose £25 from the initial ‘estimate’ as did the cost of legal representation by £20. Is this a moot point, or do these figures need to match?
I’m looking to draft and file my defence this weekend and wondered if anyone had any pointers. Is a statute barred defence possible, or did they sneak that claim form in just in time? How should I respond to the letter mis-advising their success in court and appearing to grant me until 11/09/2019 to resolve the dispute – is that a case for stay of proceedings?
I know that with Payday UK I could go down the route of an affordability complaint. I have been contacted by lawyers acting on behalf of the original lender to notify me that I had been identified as a potential claimant against them for their past financial malpractices. I know that I was in 2013 in a cycle of borrowing to pay these loans, then borrowing again to live, etc. However, it does seem like a lot of administration to put in such a complaint and really at this point I’m not interested in compensation, I just want to move on and forget about them.
Dave
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