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Court Claim PRAC Financial Limited/ BW Legal

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  • Court Claim PRAC Financial Limited/ BW Legal

    Received Claim? Yes
    Issue Date: 16-8-2017
    Amount approx: 322.28
    Claimant: Prac financial
    Solicitor: BW Legal
    Original Credit: The Money Shop - Online Account

    Particulars of Claim:

    "The Claimant's Claim is for the Sum of {X AMOUNT} 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 The Money Shop" https://showbox.bio/ https://tutuapp.uno/ https://vidmate.cool/

    "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."

    Stat Barred? No

    Have sent: Acknowledged the Claim (Defend)

    Other Info:

    First of all I took this loan out at the time when i was a gambling addict and may of had 2 or 3 other pay day loans at the time. I took this loan out around march 2016 and that's when the first payment failed. This went up to around 5 or 6 in the space of a few month. I aimed for Payday loans as i had terrible credit for a student. I Feel the money shop didn't do some checks as my credit score was 'poor' on credit reference websites. At the time digitally signing this contracts i was under financial , emotional pressure and applied for dozens of loans across a wide range of credit websites. I have been keep track with some of the loans and completely forgot about this one and did not even know the debt was passed on. can anyone help me with this? What is the best way to defend this? It will mean alot
    Last edited by Garaofsand; 17th September 2021, 21:46:PM.
    Tags: None

  • #2
    Originally posted by Garaofsand View Post
    Received Claim? Yes
    Issue Date: 16-8-2017
    Amount approx: 322.28
    Claimant: Prac financial
    Solicitor: BW Legal
    Original Credit: The Money Shop - Online Account

    Particulars of Claim:

    "The Claimant's Claim is for the Sum of {X AMOUNT} 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 The Money Shop"

    "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."

    Stat Barred? No

    Have sent: Acknowledged the Claim (Defend)

    Other Info:

    First of all I took this loan out at the time when i was a gambling addict and may of had 2 or 3 other pay day loans at the time. I took this loan out around march 2016 and that's when the first payment failed. This went up to around 5 or 6 in the space of a few month. I aimed for Payday loans as i had terrible credit for a student. I Feel the money shop didn't do some checks as my credit score was 'poor' on credit reference websites. At the time digitally signing this contracts i was under financial , emotional pressure and applied for dozens of loans across a wide range of credit websites. I have been keep track with some of the loans and completely forgot about this one and did not even know the debt was passed on. can anyone help me with this? What is the best way to defend this? It will mean alot
    Hi there

    Sounds as if this case is more akin to an irresponsible lending case rather than anything else. now they have issued a claim so you need to deal with that, but this website will at least help you with an understanding of irresponsible lending, the rules and how to complain about it etc. https://debtcamel.co.uk/payday-loan-refunds/
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Loans assigned from money shop have had many assignment issues in the past and the fact that they haven't mentioned assignment is suspect.

      Having acknowledged service, send a CCA Request to Prac financial with a 1 cheque or postal order with 'CCA 1974 STAT FEE' written on the front clearly.

      Send a CPR 31.14 Request to BW Legal asking for copies of the agreement, default notice and notice(s) of assignment. Now they only have to provide you with copies of documents mentioned in their statement of case, so it will be interesting to see what their response is to the request for NoA.

      Make copies of the CCA Request and 31.14 Request for your records.

      Post here when they respond or if they don't and you are getting close to the deadline to file a defence. It would be a good idea to familiarise yourself with the Example Defence before it gets top that stage.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #4
        Originally posted by pt2537 View Post

        Hi there

        Sounds as if this case is more akin to an irresponsible lending case rather than anything else. now they have issued a claim so you need to deal with that, but this website will at least help you with an understanding of irresponsible lending, the rules and how to complain about it etc. https://debtcamel.co.uk/payday-loan-refunds/
        Also have a read of Kerrigan v Elevate, a High Court ruling, one of the first on irresponsible lending. Id also be asking PRAC to obtain clarification of what data was used when they made the decision to lend money to you, it iwll be interesting to see what factors they took into account.

        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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        SHORTCUTS

        Pre-Action Letters
        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Witness Statements
        Directions Questionnaire
        Statute Barred Letter



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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