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Hello to Legal Beagles
I have been going through the County Court process thanks to a claim from PRAC/BW Legal/Perch Capital against me, regarding a debt originally from ICL ltd (TA/ PayDay Express etc), from 2013, which was sold onto them and which they obtained a CCJ against me while I was living in Australia between 2016-2018. Through the ICL Ltd complaints process, and the Scheme of Settlement, the entire original debt was found to have been lent irresponsibly and I was awarded a substantial sum in redress (of which due to the terms of the Scheme of Settlement only 4.3% has actually been paid so far). However ICL Ltd sold on my debt to PRAC/BW Legal/Perch Capital, who then obtained the CCJ against me. Unlike all other secondary debt collectors and agencies in the ICL Ltd settlement process, PRAC/BW Legal/Perch Capital were not willing to come to an agreement around equitable set off of debts originally accrued to ICL Ltd, and inspite of the irresponsible lending involved in the original debt, continue to press for the debt, and have refused set off. I of course have made a further complaint to PRAC/BW Legal/Perch Capital and will make a complaint to the FOS, based on equitable set off in such a case. However I have a Court Hearing on the subject on Friday (9th July), which has been long postponed by the pandemic, and I would like any advice at all, on how to apply to get the case temporarily stayed, permanently stayed, or to get the District Judge to dismiss PRAC/BW Legal/Perch Capital's case on the equitable set off grounds, since the two debts are so closely connected it would be 'manifestly unjust' if the original was actually extinguished due to irresponsible/unfair lending, but the second were still enforced. I am sorry for the query, but I have been fighting PRAC/BW Legal/Perch Capital through the County Court for a couple of years now, and I have never in that time had the funds to apply normally for it to be stayed, or to employ a solicitor to help me. I should say I have no intention of paying them a penny, have no assets which they could extract from me, a helpful finance officer for my employer (so far as any attempt to apply an attachment of earnings), and since they have ruined my credit rating already, nothing to lose, so am willing to try any gambit/strategy necessary. I would be grateful for any advice, suggestions, or pointers to information or case examples/histories elsewhere.
Robert
I have been going through the County Court process thanks to a claim from PRAC/BW Legal/Perch Capital against me, regarding a debt originally from ICL ltd (TA/ PayDay Express etc), from 2013, which was sold onto them and which they obtained a CCJ against me while I was living in Australia between 2016-2018. Through the ICL Ltd complaints process, and the Scheme of Settlement, the entire original debt was found to have been lent irresponsibly and I was awarded a substantial sum in redress (of which due to the terms of the Scheme of Settlement only 4.3% has actually been paid so far). However ICL Ltd sold on my debt to PRAC/BW Legal/Perch Capital, who then obtained the CCJ against me. Unlike all other secondary debt collectors and agencies in the ICL Ltd settlement process, PRAC/BW Legal/Perch Capital were not willing to come to an agreement around equitable set off of debts originally accrued to ICL Ltd, and inspite of the irresponsible lending involved in the original debt, continue to press for the debt, and have refused set off. I of course have made a further complaint to PRAC/BW Legal/Perch Capital and will make a complaint to the FOS, based on equitable set off in such a case. However I have a Court Hearing on the subject on Friday (9th July), which has been long postponed by the pandemic, and I would like any advice at all, on how to apply to get the case temporarily stayed, permanently stayed, or to get the District Judge to dismiss PRAC/BW Legal/Perch Capital's case on the equitable set off grounds, since the two debts are so closely connected it would be 'manifestly unjust' if the original was actually extinguished due to irresponsible/unfair lending, but the second were still enforced. I am sorry for the query, but I have been fighting PRAC/BW Legal/Perch Capital through the County Court for a couple of years now, and I have never in that time had the funds to apply normally for it to be stayed, or to employ a solicitor to help me. I should say I have no intention of paying them a penny, have no assets which they could extract from me, a helpful finance officer for my employer (so far as any attempt to apply an attachment of earnings), and since they have ruined my credit rating already, nothing to lose, so am willing to try any gambit/strategy necessary. I would be grateful for any advice, suggestions, or pointers to information or case examples/histories elsewhere.
Robert
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