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

[Amethyst]

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

Not bad. I would expand on your 'CCA' and 'Section 77' request though just to make it clear.

So Para 2

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 sending a formal request for copies of documents mentioned in the statement of case pursuant to CPR 31.14 and as formal request for a copy of the original agreement pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

Then work in this bit around para 5.

13.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

because it has deeper consequences than just not knowing what the debt is.

[Bigmac799]

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

Thanks.
Due to me trying to deal with them by phone/email, I did not actually send the formal letter until last week - therefore, strictly speaking they are still within the limits - so I didn't want to say they had "failed to comply" [MENTION=6]Amethyst[/MENTION]

[Amethyst]

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

ahhh, well, by the time your defence is received they will have not complied within timelimits, so I wouldn't worry too much xxx

Stop phoning / emailing them now though xxx

[Bigmac799]

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

thanks 8)

[Bigmac799]

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

Ok, time for an update after about 6 weeks - hopefully someone will pick this up and advise me on my next steps please.
As predicted above by @Amethyst, I needn't have worried too much about the technicalities of giving them the full 14 days to respond.
They pretty much haven't responded. I heard nothing for the best part of 6 weeks - until the last few days or so, when I have had a flurry of letters.

The first letter came from BW and told me they will continue with the claim.
Then I received a DQ from the court.
BW followed that up by also sending (serving upon me) a copy of the DQ.
They then sent me what seems to be their answer to my CPR request.

This contained the followed statement:

"The table below contains all the relevant details regarding the debt which remains due and payable to our client and the basis upon which legal proceedings have been brought against you. "

There is then a table which states the following:

Original Lender: MEM
Original Loan Amount: xxxx.x (it's not actually the correct amount!!)
Loan Date: xx/02/2016
Number of Payments: 1
Last Payment Date: 24/03/2016
Days Deliquent: 222

We have also enclosed a statement of account which breaks down of the sums payable to our client. (the bad grammar was theirs, not mine!!)

It is our Client's belief (based on the above table and statement) that:

1. You entered into an agreement on set terms and conditions prescribed by the original Lender.
2. You agreed to repay the loan within a prescribed period. We are not aware of any variations to the original agreement.
3. In breach of the agreement, you failed to repay the loan amount which led to a default notice being issued and your agreement being terminated.
4. The rights and benefits and title to the agreement have since been assigned to our client, therefore payment must be made to our client in order to satisfy the debt.

On this basis, we believe your defence is unsustainable and that our client is likely to be successful in obtaining a CCJ against you, if the claim proceeds to trial.

Then there is the usual spiel about next steps (write to court, withdraw your defence, pay up!), further action (if you do not withdraw your defence and our client is successful in obtaining a CCJ, you could get all sorts of things happening - such as Warrant of Control, Attachment of Earnings, Order to attend court for questioning.

It is important to resolve this within 7 days!! Please call! (I added the ! marks!)

Then they enclose the statement - which is effectively a spreadsheet showing an opening figure of xxx.xx (the original loan amount, which doesn't match the figure in the earlier table) - and then daily interest added - then a repayment made by me - then more daily interest added for a further 9 weeks or so after my repayment.

I have just seen where the original figure in the table came from - it's the original loan amount plus the interest charged.


So, basically at this stage - does any of this provide a proper answer to a CPR request - i.e. no credit agreement, no signature (although as I stated, it was all done online), no T&C etc.

Basically, no proof provided - simply expanding on their POC in the court claim -

So I now have to fill in the DQ

[Bigmac799]

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

In addition to all the above, a further letter arrived (within a day or so) offering me a "without prejudice settlement offer"

"Having previously responded to your defence (which in our client's view has little or no prospect of success), we note you have not contacted the court to formally withdraw your defence. Notwithstanding, our client is keen to resolve any issues without the need for any further court involvement. As a result our client has instructed us to make you an offer of settlement as a show of goodwill in order to resolve matters with you on amicable terms."

Anyway - the settlement offer is a reduction of (only) 22% on the amount claimed - bearing in mind, the amount claimed had been "bumped up by all the various fees" - the settlement offer is still higher than the original loan amount, notwithstanding I made a repayment equivilent to around 35% of the original loan amount!!

I clearly don't want to accept this offer - but I am wary of this going all the way and my "non-defence" not working - if I were to accept any offer at all, it would need to be significantly lower (around 80% lower!!) than what they're offering!!

Next steps advice please?

Obviously I do need to complete the DQ.

Thank you in advance.

[MIKE770]

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

they are panicking maybe? DQ complete and see what they send next, meantime stick to court request, ignore them at this stage???

[Amethyst]

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

I’ll read back and refresh after tea but still no agreement, intimidating letters, excuses and offers....they aren’t confident ....as Mike says get your DQ completed and sent in xxx

[Bigmac799]

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

Cheers, will do

[warwick65]

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

Hi

Try not to read too much into any offer, just managing expectations and all that.

However as of yet there is no agreement, no DN and no assignment?

Get the DQ filed and served on the court and BW and take it from there.

Hopefully they will fall on their sword

[Amethyst]

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

Tick the mediation box on your DQ, then, if they do send the agreement, default notice and assignment, you have an organised way to communicate with them and come to an arrangement to pay if you wanted to.

When you send your copy of the DQ to the claimant ( copy goes to claimant and original to court) you can reply to their letter too within your covering letter - basically saying your defence stands, acknowledge the spreadsheet they have sent, and that you expect to receive the agreement pursuant to your formal CCA request.

[Bigmac799]

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

Eek!!! I got my dates mixed up.
In terms of sending back my DQ, do I need to do it by post? Is email not an option?
And I need to send a copy to BW Legal as well?
thank you.

[charitynjw]

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

Send a copy of the completed DQ to ccbcaq@hmcts.gsi.gov.uk as an attachment.

In the email subject box put [Claimant's name] v [Defendant's name] Claim no [XXXXXXXX] Defendant's Directions Questionnaire.

Put 'Defendant's DQ attached' in the main body of the email.

Send a copy to the Claimant (or solicitor if applicable)
Get proof of posting.

Was there a form N159 with your DQ?

[Bigmac799]

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

I am probably ok to get there in time if I send by post today (tomorrow is the official deadline). But I might email as well, just in case.

I have composed a covering letter to BW Legal - and just wondered whether I've "gone over the top" or do people think this is ok?

"I enclose by way of service upon you a copy of the Directions Questionnaire.

A copy has been filed at court.

In relation to your recent correspondences, I acknowledge receipt of these; however, you do not seem to have sent the required documents as requested by my CPR request – namely a copy of any signed credit agreement. It appears all I seem to have received is a print out of a spreadsheet showing a starting figure, followed by numerous lines of interest, some repayments (presumably made by me), and ongoing interest before you reach a final figure. In light of this lack of evidence, my defence still stands.

I also acknowledge your recent letter offering me a “without prejudice” settlement. Given your lack of evidence to show that there is a debt outstanding for which I am liable, the offer is significantly too high for me to consider accepting. Any additional legal/court fees have simply bumped up the amount, when this could have been dealt with at a much earlier stage if my correspondences had been answered at the time. Any settlement offer would need to be at a much lower level than your recent correspondence.

I have indicated I am happy to consider mediation, so hopefully this might resolve any outstanding issues. In the meantime, I look forward to receiving the outstanding documentation as requested in my official CPR request."

[Amethyst]

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

[quote]some repayments (presumably made by me), [quote] I'd change that to just ' some payments ' - to be sure it's not an inadvertent admission.

Also you haven't mentioned your CCA request only CPR, so maybe add that in as well.