county court claim for Prac financial/BW legal

[Peng2]

Hi all it looks like i'm having a mare at the moment, so your help and advice would be greatly received.

I do apologise in advance about the "red" writing but i wanted it to stand out from the questions.

Thanks in advance


Received a claim? Yes/No: Yes
Issue Date: 8th March 2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £1100
Claimant’s Name: Prac Financial Limited
Solicitors Firm: BW Legal
Original Creditor: Instant Cash Loans Limited T/A Payday Express
Original Debt (eg. Credit card/Loan/Overdraft) : Presumably a payday loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): The Claimants Claim is for the sum of £******* 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 t/a Payday Express under account reference ************ 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 section 69 of the County Courts Act 1984 at a rate of *% per annum (a daily rate of £*) from the date of assignment of the agreement to 07/03/2019 being an amount of £******
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Possibly should be as i haven't had any payday loans for over 6 years
List any letters you have sent (eg: CCA/ CPR ): CCA
Any Other Information or Background Details: I have never heard of these or received any letters from them until yesterday when i received the court claim and then a letter today from BW legal with a notice of county court claim. Although i admit i have had payday loans before, i haven't had for for over 6 years. I have sent a CCA today to the claimant and a copy to their solicitor with a postal order and i am about to write out my letter for the CPR but i am confused by it all if i'm being honest, especially where i need to put the information about the documents.

[Amethyst]

Okay don't worry will give you a hand ... Anything at all show on your credit file ? Could have been The Money Shop initially if that rings any bells ?

You've sent the CCA request so thats a good start - you've acknowledged the claim, so just the CPR request to do.

Ask for;

Agreement
Notice of Assignment
Default Notice

The Claimants Claim is for the sum of £******* 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 t/a Payday Express under account reference ************ 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 section 69 of the County Courts Act 1984 at a rate of *% per annum (a daily rate of £*) from the date of assignment of the agreement to 07/03/2019 being an amount of £******

[Peng2]

Okay don't worry will give you a hand ... Anything at all show on your credit file ? Could have been The Money Shop initially if that rings any bells ?

You've sent the CCA request so thats a good start - you've acknowledged the claim, so just the CPR request to do.

Thanks its really appreciated.
Ive heard of The Money Shop but if i'm being honest I can't remember who i had the loans with. Ill have to have a look on my credit file. I know there are free ones out there but do you recommend any in particular?

With regard to the CPR request, i am trying to use the template but the section in red is confusing me, I just haven't a clue on what to put.

[Amethyst]

Just delete the bit in red and put

1. Agreement / Contract
2. Default Notice
3. Notice of Assignment

as they are all mentioned in the claim.

Defence date is 33 days from the date of issue entered on the claim form - do the math here - Check dates

[Amethyst]

Credit File wise

Check on these three....

Noddle
MSE Credit Club
Clearscore

that covers all three of the credit reference agencies ( experian, equifax and transuinon) and are all free.

[Peng2]

So I literally just keep what is in green but obviously change it to black?

[Amethyst]

Yes

[Peng2]

So I’ve gone on my credit files and the above is on them, although they are under the “closed” section with a amount owed set as £0, so I’m not sure what’s gone on there

Anyway ive acknowledged the court claim online and sent the CPR off.

Not sure what to do now or what happens next apart from wait I suppose

[Amethyst]

Can you check the default date for that one pls. There should be a down arrow to the right ( if on Noddle ) which expands and should show " Date of Default " ? £0 balance is often where the debt has been sold on so don't read too much into it ATM.

[Peng2]

Noddle shows it as Instant cash loans t/a payday loans
balance £0
updated 01/01/17
status as satisfied.

It is then saying
Account opened 22/03/13
defaulted 17/08/13

[Amethyst]

Arses. Okay so it isn't statute barred... obviously they would have to evidence the actual default date as the credit files are just a guide... and explains why they are coming after it now, to get in before it goes over the 6 year point.

Well, see what the actual agreement and notices of assignment have on them - there are some anomolies with these debts involving payday express, payday uk, MEM Consumer Finance Ltd etc where they got passed around a bit.

Any idea at all how much you originally borrowed, over how long etc ?

[Peng2]

On clearscore it is down as Prac Financial with an open date of 22/03/13

i can not see a default date on that

[Peng2]

Would the default date be when they took over the account on the 22/03/13 or before they took over?

I dont know how it works

[Peng2]

I will add that on clearscore it is also showing a instant cash loan on the file
balance £0
open date 25/02/13

[Amethyst]

....Actually, get a SAR off to "Instant Cash Loans" at their registered address - 6 Bevis Marks, London, EC3A 7BA - Subject Access Request Letter

Might come in handy later..... even if not with defending the claim, possibly a irresponsible lending type complaint... depends on the situation.