Faust Vs BW Legal/PRAC Financial ltd

[Faust]

Way back in November 2018 BW Legal on behalf of PRAC Financial ltd served Court papers on myself with regard to a loan I took out years back with MEM Consumer Finance Ltd, trading as Payday UK.

I did some searching on the web and found this site & looked at various threads regarding this form and requested from BW Legal a copy of the Credit agreement & various other paperwork. I received that paperwork and checked it then completed the defence & counter claim forms for the Courts

In summary the defence was that BW Legal had not shown that MEM Finance/Payday UK had responded to the order from the FCA dated October 29th 2015 with regard to my account and that BW Legal had not shown a valid assignment to PRAC Financial Ltd.

I received a letter from the Courts in January, just as I was moving home and passed my new address to the courts. I was convinced I had passed my new address to BW Legal but it seems not as I received an email from BW Legal informing me that a Court order was granted in April.

I believe my options are that I can request a Set aside so I can present my defence, using Form N244 but I'm a touch puzzled.

Do I need to resubmit the evidence provided by BW Legal again ? Is there any suggested wording for the request ?

[R0b]

There are some gaps missing in your story and without the full picture

How did you notify the court of a change of address, do you have proof of notification and any acknowledgment from them?
Was your defence and counterclaim filed and acknowledged as having been received? Did you verify this (presumably) on the MCOL website?
You have to pay a fee for a counterclaim, did you do this?
What did the letter from the court in January say?
The reference to a "court order" is vague and unhelpful, what did the order say?

I'm going to go out on a limb here and guess that the court order you are referring to says that a trial occurred and because of your non-attendance your defence and counterclaim was struck out. If that is the case then yes you should be able to make an application to set aside at a cost of £255 and must be supported with evidence. However, you could write contact BWL first and explain the situation and seek their consent to set aside at a cost of £100. Failing that then its an application but they must be made promptly.

[Faust]

Sorry for the delay, been a busy week

I emailed MCOL and never got a reply, which I didn't find unusual. I've not been able to check the case on MCOL as once I'd entered my defence & left the website I've never been able to re-access the case using the provided details. Requesting a password reset or contacting MCOL was a one way route, with never a reply. The defence was acknowledged and I did receive a letter from the Courts before I left my old address informing me that the claimant had until early March to pay the required fees, that was the point I emailed MCOL on the email address provided. No counter claim was posted by me.

You are correct in that the Courts must have heard the case & awarded to BW Legal/PRAC. But I've never received anything at my new address.

I've just requested a new password reset so we'll see how long that takes to come thro.

[Faust]

Bit of a sidebar here. In October 2015 Dollar Financial UK (Dollar), trading as The Money Shop, Payday UK, Payday Express and Ladder Loans agreed a deal with the FCA. The agreement states that ". The redress relates to loans taken out between 1 April 2014 and 30 April 2015 in respect of affordability issues and 1 January 2013 and 30 April 2015 in relation to collections issues" .

Now Dollar Financial were registered with Companies House as a "Person with significant control " of Instant Cash Loans between April 2016 and February 2018. Dollar also took a large chunk of MEM Consumer Finance in 2011 so at some point owned both companies.

As I understand it, the FCA and FOS regard both companies as separate and distinct companies, not one company.

[Faust]

Update:-

I've just received the following email with the attachment

Dear ### ###,

Please do not ignore this email as it is important and may require action from you.

Attached to this email is a document relating to the voting process for the Scheme of Arrangement being undertaken by The Money Shop, please read this document carefully and take the appropriate action required.

You will need your Reference Code: ### ### to vote electronically on our website at https://www.themoneyshop.com/voting

More information can be found on our website at https://www.themoneyshop.com/FAQs


Please do not reply directly to this email. If you have any questions after reviewing the document and the FAQs on our website, please email them to scheme@themoneyshop.co.uk quoting your unique Reference Code: ### ###

Yours sincerely


The Money Shop


The Money Shop, Robert Biggar, Duncanson & Edwards, TGS Pawnbrokers, The Money Shop Online, Payday Express and Payday UK are all trading names of Instant Cash Loans Limited. Instant Cash Loans Limited is authorised and regulated by the Financial Conduct Authority for credit related activities under registration number 681750 on the Financial Services Register. Registered in England and Wales as Instant Cash Loans Limited. Registered Address: 6 Bevis Marks, London, EC3A 7BA. Registered Number: 2685515 . VAT Number 290 9493 63.

Privacy Statement: This email and any files transmitted with it are confidential and intended for the use of the intended recipient(s) only. If you have received this email in error, please notify the sender immediately and then delete it. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Virus Warning: We have taken reasonable precautions to minimize the risk of transmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot accept liability for any loss or damage caused by software viruses. Content: Employees are expressly required not to make defamatory statements and not to infringe copyright or any other legal right by email communications. Any such communication is outside the scope of the employment of the individual concerned and the company will not accept any liability for such communication.



Surely this means that the case BW Legal made is somewhat troublesome ?