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

[Diana M]

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

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.

You need to keep the DQ and 'Without Prejudice' offer letters separate.

Serve the DQ with a one-liner covering letter simply telling them it's enclosed and filed at court (as you have suggested in your post).

I can see from post # 21 that the Claimant has made you a WP offer. Any reply you make must be headed 'Without Prejudice' in order to protect your legal position.

Your response to any offer should be to accept, reject, counter-offer or ignore it.

The letter you've drafted doesn't really do any of those things (possibly a rejection) while at the same time telling them that you "look forward to receiving the outstanding documentation" which I doubt you really want to happen

The court may take the view that your letter is an admission of the debt when you imply your only quarrel is they've added legal fees/costs to the amount you've been discussing in earlier correspondence with them.

Any letter written to the other side has the potential to be disclosed in court by them (unless headed Without Prejudice). If I were to receive your letter I would include it as evidence of admission in my Witness Statement.

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.

. . . . . . In the meantime, I look forward to receiving the outstanding documentation as requested

File and serve your DQ and then maybe tweak the wording of your response to their WP offer letter.


Di

[Bigmac799]

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

Hi,

I have my mediation appointment on Wednesday. To date, no further correspondence from BW Legal (e.g. Credit Agreement) - however, given their previous tactics, it wouldn't surprise me if they turned up sometime this week, not allowing me much time to read and digest.
So at present, I'm a bit confused as to how to tackle mediation. In relation to Di's earlier, unfortunately I had already sent the letter - so it did not state "without prejudice" - however, I did tweak a few words to take away any direct "admission" - however, I'm guessing at mediation, if it is to work properly then anything I say must be seen as some sort of admission? Even agreeing to mediation?

So as it stands, they want around £1150 - at a push, I'd not want to pay much more than 20% of that - so there's a big gap - and I would be most grateful for any advice as to how to deal with mediation.

Thank you.

[warwick65]

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

Hi
Mediation is confidential and agreeing to it or even taking part in it is not an admission

So, while I am not qualified to advise you I have an idea if you want rid and remove the risk of court. I am not saying it will work

It goes like this

say to the mediator something like

They have failed to supply any documents but in the interest of saving theirs, mine and the courts time I am willing to offer £50 in full and final settlement of the amount claim on the understanding that the remainder will be written off and not sold on.

No idea if it will work- or you could decide to fight them all the way

Up to you

[Bigmac799]

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

Just had call from mediator. First thing mentioned was the other side has now obtained copy of the online agreement from original lender. I have responded that does not give me enough time to seek legal advice and be in position to properly answer. Advice please?

[Amethyst]

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

Have they given you a copy of it?

You can ask for time to review the documents after you have received them and arrange further mediation if you want to.

[Bigmac799]

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

Mediator offered to email them to me, and call me back within a short time. I said that wouldn't give me enough time. I stated I couldn't afford to keep taking time off work in case of another mediation at later date. I said I was prepared to make an offer on basis of them not providing agreement (given they have had several months)

[Amethyst]

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

I think you need to look at the agreement and consider your case first of all. As well as any other issues - like the default and assignment notices. You can't really be in a position to mediate without having had sight of the alleged documents.

You aren't tied to negotiating through the mediation service btw, you can always, once you have documents and have assessed them, negotiate directly with the claimant.

[Bigmac799]

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

I've made a lo-ball offer (based on credit agreement not being available). Highly unlikely to be accepted. Awaiting call back from mediator. But think this will be a wasted day off work

[Elihearts]

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

HI [MENTION=91003]Bigmac799[/MENTION]

Watching this very closely...

[Bigmac799]

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

Are you in same position?

[Elihearts]

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

Havent reached legal yet...
But lets see how yours go

Have you already had the letter telling you that you should withdraw your defence blah blah blah???

[Bigmac799]

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

Hi guys,

Ok, this is the situation.
The mediator had a chat with the other side - put forward my "lo-ball" offer which was rejected.
They came back and said the lowest they could accept would be a figure of around £885 (about 20% discount to the figure the court claim was for - which included all the fees!)
The mediator was sent a copy of the credit agreement by them and has forwarded it onto me - I now have until Monday to get back and accept the £885 offer - or reject it. No more "negotiating" - either take it or leave it - leaving it meaning it's likely to proceed to court.

So my plea for help is really to consider whether the said credit agreement (albeit produced at the last minute and some three months after my CAA/CPR requests is sufficient.
Given that it is an online agreement - and does not contain any signatures.
How does this stand up with court cases? I can find no info as to how these cases turn out in court.
Also would a judge give judgment allowing the prescribed interest costs of payday loans - i.e. in terms of my case, a loan of £800 with repayments of more than £300 made - but still over £1100 being claimed.

I will attempt to upload a redacted version of credit agreement sent to me.

Many thanks

[Bigmac799]

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

upload

[Bigmac799]

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

Hi guys, Any comments on the agreement attached please?

Thank you.

[GBExile]

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

Hi guys, Any comments on the agreement attached please?

Thank you.

Its not signed