** DISMISSED ** Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

[Bigmac799]

Hi,

I've received a court claim (as per title).

In terms of asking for info from the solicitors, is a payday loan any different to a "normal loan or credit card" - is there a template letter - would it still be s77/78 request and would I still need to do a CPR request?

I'm trying to deal with this amicably - but BW Legal just seem to ignore my correspondence - or ask for a list of "security questions to be answered" before dealing with me.

I'm running out of time now - still within the 14 days for AOS - so I will do that - but would appreciate advice on my next steps.

In terms of the loan - I did take it out - but I don't recall the amount outstanding - I don't know how that has been calculated - I no longer have online access to my PDUK account - I did find some emails between me and them - and in one of them I did complain that their telephone operate "bullied" me - so no agreement was reached - I don't seem to have had a response - although I may have received something in the post (rather than email).

Any help - much appreciated.
@warwick65

One last question:

Does it matter if I file an AOS stating "full defence" and then change my mind to partial admission? I'm waiting on the other party to get back to me before I decide. Although in reality, I'm not sure I have a great defence to enter anyway.

[Diana M]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

I see no reason for you not to file an AOS which states that you intend to defend all of the claim.

Then see how events unfold.

The court is supposed to judge facts not morals so whether you borrowed the money in the first place shouldn't be the issue because it's whether the Creditor has complied with various statutes of Parliamentat at that time and whether the debt purchaser did too (in an ideal world )

Is the Claimant Lowell Portfolio?

Di

[warwick65]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Hi,

I've received a court claim (as per title).

In terms of asking for info from the solicitors, is a payday loan any different to a "normal loan or credit card" - is there a template letter - would it still be s77/78 request and would I still need to do a CPR request?

I'm trying to deal with this amicably - but BW Legal just seem to ignore my correspondence - or ask for a list of "security questions to be answered" before dealing with me.

I'm running out of time now - still within the 14 days for AOS - so I will do that - but would appreciate advice on my next steps.

In terms of the loan - I did take it out - but I don't recall the amount outstanding - I don't know how that has been calculated - I no longer have online access to my PDUK account - I did find some emails between me and them - and in one of them I did complain that their telephone operate "bullied" me - so no agreement was reached - I don't seem to have had a response - although I may have received something in the post (rather than email).

Any help - much appreciated.
@warwick65

One last question:

Does it matter if I file an AOS stating "full defence" and then change my mind to partial admission? I'm waiting on the other party to get back to me before I decide. Although in reality, I'm not sure I have a great defence to enter anyway.

What Di said

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Claimant is PRAC financial. Them and BW Legal appear to be connected according to other threads on hrre

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Hi, Can anyone please advise as to what (and in format) info I need to be asking for (similar to s77/78 and cpr request) in relation to a former payday loan?

Thank you.

[warwick65]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Hi
If you have received a claim for a payday loan the initial steps are still the same.

Acknowledge
Submit S77/78 request ( different PDLs used different methods, some a loan and some a line of available credit)
Cpr31.14 request asking for docs on the claim form.

I hear that PDLs may , however need a slightly different approach when it comes to writing some of the defence although I think assignment may still be an issue .

All depends on the circumstances

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Thanks Warwick. Is anyone able to elaborate? Obviously the docs will be electronic

[Diana M]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Post/type up the Particulars of Claim (removing anything which could identify you) because that's what you'll be defending.

Did you receive a Default Notice at any stage?

Di

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Apologies.

Here's the POC (I might abbreviate to save time):

The Claimant's Claim is for the sum of £xxx.xx being monies due from the Defendant under a loan agreement
regulated by the CC 1974 between the Defendant and Instant Cash Loans Ltd t/a Payday UK under account reference xxxxxx
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 sec 69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to 16/08/2017.

So, that's the POC.

I've tried to deal with BW/PRAC by email and phone and they refuse to converse with me unless I quote my date of birth.
My argument is "what have they got to check against" - would PDUK have given all my personal details to them?
I have had phone calls where they end up hanging up on me because I don't answer all their security questions and similarly with emails.

so clearly, in order to comply with the rules of the "court process" I need to get a CCA request (s77 I assume?) and do I also need a CPR request?

Clearly, this was an online product so what sort of "proof" do they need to provide?

Looking back at emails - I found this email from PDUK in July 2016.

As you have failed to resolve this matter with us we have

now registered a default on your account with the Credit

Reference Agencies.



In order for us to resolve this matter, we need to speak

with you to assess your situation.



There are a range of options available to you including

reduced settlement amounts, payment plans and if you are in

financial difficulties you may find it useful to contact one

of the free debt charities below, they may also be able to

help you find a solution.



I replied about 5 weeks later with the following:

Dear PDUK,



I am keen to settle this outstanding loan.

Please advise who I should contact.

I have had telephone contact with you in the recent past, and was unable to deal with the bullying attitude of the operator I was dealing with.

I am keen to deal with this in a calm manner, setting out my plans for repayment (I cannot afford to pay as a lump sum).


I cannot see any electronic correspondence after this date.

I may have had letters in the post - but nothing offering to take me up on my offer above.

I'm just frustrated it's now reached the stage where they've added on loads of charges - and feel any chance to agree a reduced settlement is long gone.

Assistance much appreciated.

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Hi, can anyone offer any assistance in completing my defence please? Thanks

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

[MENTION=87380]Diana M[/MENTION]

Hi, are you able to advise me since I put up the POC? In terms of a defence?
Thank you.

[warwick65]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Hi

Have you looked at the sample defences at the top of the page.

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Thanks for reply.
I understand the "standard" defence templates - however, with this particular claimant, as I may have mentioned previously, I am quite frustrated in how they have dealt with me.
I have tried to contact them by phone/email in the last three weeks - they refuse to correspond with me unless I answer a raft of personal security questions (including my date of birth) - I've confirmed my name and address and their reference number and their CCBC claim number - but they still refuse to correspond.

Is it worth including this on any defence - or should I just stick to the basics - state I've requested various info through CCA and CPR requests - and until I receive these I am unable to clarify whether I should be acknowledging the debt is outstanding and owed to them?

Thank you.

[Amethyst]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Those bits, problems speaking with the claimant etc, would go into your witness statement later on - keep the defence to the technical/legal arguments

[Bigmac799]

Re: Court Claim Rec'd: BW Legal/PRAC/PAYDAY UK loan

Sorry for the urgency, but it would appear today is my defence deadline day. I've spent too much time chasing them up by email and telephone - and now need to "rush". I've put together a defence - would you mind looking over it and suggesting any amendments?

Thank you.

Proposed Defence

Particulars of Claim:
The Claimant's Claim is for the sum of £973.65 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 Ltd t/a Payday UK under account reference XXXXXXXX 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 sec 69 of the County Courts Act 1984 at a rate of 8% per annum ( a daily rate of £0.21) from the date of the assignment to 16/08/2017 being an amount of £52.71.

Defence:
1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Payday UK. I do not recall the precise details of the agreement number quoted and have sought verification from the claimant by way of CPR 31.14 and CCA requests. I do not recall a notice of Assignment issued on 09/12/2016.
3. Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.
4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; despite attempts to contact the Claimant by telephone and email, no information was forthcoming. I have now sent a formal letter requesting the Claimant/their solicitors to provide any evidence of credit agreement/assignment/balance/breach by CPR 31.14, and I am also awaiting a response to my section 77 request, therefore the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

5. As mentioned above, I have requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. I am still awaiting a response.
6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974.
8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
@Amethyst; @warwick65