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

[warwick65]

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

Its not signed

If it's in response to a s77 request it doesn't need to be signed I'm afraid.

[Bigmac799]

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

So, does this mean that the credit agreement they have provided is sufficient and makes my defence worthless and I should follow their request and withdraw it?
Having spoke to the mediator, this was their advice - they claim that my only defence was that they had not provided the agreement - now they have, I don't have a defence - as I haven't claimed to either not had the loan or to have repaid it? [MENTION=98117]warwick65[/MENTION]

[Bigmac799]

Hi, Can anyone suggest some advice for my next step? This case has now been transferred to my local court and a case is set for March. Any evidence I rely on needs to be submitted by 7th Feb.
How do courts view Payday Loan agreements/non payments?
Thank you in advance
BM

[warwick65]

Hi
Who can tell
You need to make a strong case in your WS

Without reading back I can't tell but was there a compliant S87(1) Default Notice?
Have you asked for the notice and deed of assignment - you need to find the case law on Deed of assignment

A strong WS may mean they will discontinue you never know

The other option is to see if they will settle if you think that is right for you

[Bigmac799]

Hi
Who can tell
You need to make a strong case in your WS

Without reading back I can't tell but was there a compliant S87(1) Default Notice?
Have you asked for the notice and deed of assignment - you need to find the case law on Deed of assignment

A strong WS may mean they will discontinue you never know

The other option is to see if they will settle if you think that is right for you

Thanks for the comments Warwick.
I'll attempt to summarise this whole thread and where I am now.

BW Legal have played a "very dirty" game - I've already been through the mediation process - prior to the appointment, I was still awaiting (after a number of weeks) for an answer to my s77/78 request for copy of agreement.
They produced this document during the call with the mediator - I was asked to look at document and to get back to mediator.
Any attempts at a settlement were likely to happen through mediation - but they were barely able to offer me anywhere near a suitable settlement figure.
I then received a letter from my local court stating that my case had been transferred but in same letter (which was copied to both me and BW) it stated that they had yet to pay the trial fee and unless that was paid by the end of this week, the claim would be struck out.
I called the court today, and the fee has been paid - so no luck there. However, they do get a refund of that fee if a settlement is made before the case is heard.

However, even that amount isn't really going to bring "us" closer together - i.e. what I consider a reasonable offer to pay to make this go away. They are being very stubborn in what they want.
One of my questions really is how do District Judges react to payday loans these days? Would they be inclined to accept the "full interest" as levied or would they consider a more "market" interest rate be applied?
In effect, should I be chased for a debt of "total principal plus total interest for period of payday loan" (less any repayments) or "Principal plus a "reasonable" market interest rate?"

I have heard in the dim and distant past that some Judges saw it the latter way?

I'm sure they have provided a "default notice" - whether it's compliant or not......I'll have a look for paperwork.

thank you.

[Bigmac799]

One more thing - I don't seem to have been sent anything to make a WS as yet. Will that be closer to the date of the case?

[Bigmac799]

Hi,
Would appreciate some guidance on completing a WS - I have received the WS from BW - and need to complete mine quickly - but really need guidance as to what sort of things I should be including?
Is it a case of describing how I feel BW/PRAC have dealt with the case? The failure to provide paperwork in good time - and possibly the inadequacies of such paperwork - if I can suggest that there is anything deficient with what they have produced (at the last minute).
I have seen the templates/examples of other WS - but it's still difficult to think what to include and not.

Many thanks

[GBExile]

Hi,
Would appreciate some guidance on completing a WS - I have received the WS from BW - and need to complete mine quickly - but really need guidance as to what sort of things I should be including?
Is it a case of describing how I feel BW/PRAC have dealt with the case? The failure to provide paperwork in good time - and possibly the inadequacies of such paperwork - if I can suggest that there is anything deficient with what they have produced (at the last minute).
I have seen the templates/examples of other WS - but it's still difficult to think what to include and not.

Many thanks

Hi

There are no rules about a witness statement. You can write whatever you want. Try not to get personal. By this stage you should know your argument.

Start by explaining yourself in paragraphs. I suggest you leave it until you have received the full list of their case. If not leave it until the last minute of receiving of their evidence & go from there. You have the dates by court. Do not default on court dates.

If you do not receive their full accusations before the time limit then simply tell the court you have not received their case.

[Amethyst]

Does their witness statement exhibit copies of the relevant documents you have asked them for?

[warwick65]

Hi

There are no rules about a witness statement.

There are rules about Witness statements such as how exhibits should be labelled and set out

[Amethyst]

Indeed - CPR 32 and PD 32 ( https://www.justice.gov.uk/courts/pr...part32#witness )

[GBExile]

There are rules about Witness statements such as how exhibits should be labelled and set out

Nice try Warwick. I do not know why you have an issue with me but you can write whatever you want in a witness statement so long as it is true BUT the headers & footers needs to comply.

Is that better for you?

[warwick65]

Nice try Warwick. I do not know why you have an issue with me but you can write whatever you want in a witness statement so long as it is true BUT the headers & footers needs to comply.

Is that better for you?

I have no problem with anyone who gives good advice but what you said was clearly incorrect

Just to remind you- you said 'There are no rules about a witness statement' although there clearly are as you now admit.

This could have caused the OP to write a WS that a Judge rejected so it was bad advice

There is far too much bad advice given on many internet forums that unwitting people may read , so its often not just the OP that gets the bad advice.

If you actually bothered to read the PD posted by Amethyst you would see it is not just the header and footer that need to be in a certain format , certain info needs to be included in the body of the WS

[Bigmac799]

Quick update. Thank you for advice. Court hearing today. Claim dismissed due to lack of DN and DOA and general feet dragging of claimant in providing info to me. They quoted my entries on here in their WS!!

[warwick65]

Great News. Just proves they do go through the forums so best never to admit anything.