BW Legal PRAC Financial Payday UK

[jaguarsuk]

jaguarsuk I have found that all the assets liabilities from MEM Consumer Finance (Payday Loans UK ) were transferred to Instant Cash Loans Ltd on the 28th Feb 2015 am I required to get a notice of such ie assignment

Yes, you should have been notified of the assignment. And if they can't prove you were they have no right to bring the claim.

[mike22861]

Jaguarsuk Thank you for that, my adjourned hearing is tomorrow , I wonder what rubbish they will come up with?.
I will post and let you know.

[jaguarsuk]

It doesn't matter however much they argue that the same parent company owned both subsidiaries, for the subsidiary to own it and bring a claim they must have had it assigned, the legal requirement when that happens is that you must be notified pursuant to the Law of Property Act 1925 s.136 of the assignment.

Good luck tomorrow, their claim is flawed on so many levels and they'll try to wriggle out of things, you just need to keep highlighting the gaping holes in their case.

If I were them I'd have discontinued already.

[mike22861]

Case Dismissed:

That was quite a tense time having never been through that before. The case was dismissed as they Claimant PRAC via BW Legal on the balance of probabilities had failed to show that I took out the loan.

At first I thought I was losing with no hope The Judge allowed the advocate to say whatever he wanted , when it came to my turn to give evidence she let him question me but she wouldn't let me question him.
During my detailing of the case she skipped over the default notice and the assignment not asking any details..

It became very clear that you need all documents clearly labelled and referenced if you make a statement be prepared to be stopped and asked "Where does it say that in your witness statement" lots or where does this document show that..

If you're going to show that MEM were not part of Instant cash loans make sure you have all the link up to dollar holding and back easily identified.

When she wouldn't let me really explain the Instant Cash Loans assignment or default notice I thought that's it I'm doomed but then came the summing up.

The judge tore the advocate and BW Legal a new one . She didn't believe they hadn't received the witness statement, the advocate stated that I had finally emailed BW legal with the statement but none of the attachments, fortunately I had been very specific and I had BW's email in return saying they had received the statement and attachments. She said they had had ample time to provide answers to my questions and prove I was correct defendant.
She also said there was no need to cover points 2 and 3 default notice and assignment as point 1 liability had failed.

The cheeky advocate stated that I must be the correct defendant as 2 out of the 3 addresses they had sent correspondence to were mine albeit 2 years out of date, so the 3rd must be mine also. The judge pointed out the error of this logic.

After the decision the advocate asked for costs Re the adjourned hearing the, judge refused then turned to me and asked how much I wanted , I didn't go mad just what it had cost and she replied "very generous of you".

In summary make you arguments clear and concise no flannel and make sure you can quickly find any references you rely on. Expect to be asked "Show me where ..... often.

jaguarsuk thank you for all you help and encouragement


Don't let them win by not doing your homework before hand

[jaguarsuk]

An excellent result and if I’m honest the expected one as well.

I’ve got a colander in my kitchen with less holes in it than their case, hence why I said I would have discontinued if I were them.

I think the judge skipped over the default notice and assignment as they’d already decided on point 1, so what’s the point of listening to lengthy arguments of two points of now irrelevance.

Their advocate had a bloody cheek asking for costs of the adjourned hearing!

Wait for the order of the court, write to them asking for your costs as awarded in the order when it arrives and if they don’t cough up apply for a Warrant of Control.

[Yellow Oscar]

Case Dismissed:

That was quite a tense time having never been through that before. The case was dismissed as they Claimant PRAC via BW Legal on the balance of probabilities had failed to show that I took out the loan.

At first I thought I was losing with no hope The Judge allowed the advocate to say whatever he wanted , when it came to my turn to give evidence she let him question me but she wouldn't let me question him.
During my detailing of the case she skipped over the default notice and the assignment not asking any details..

It became very clear that you need all documents clearly labelled and referenced if you make a statement be prepared to be stopped and asked "Where does it say that in your witness statement" lots or where does this document show that..

If you're going to show that MEM were not part of Instant cash loans make sure you have all the link up to dollar holding and back easily identified.

When she wouldn't let me really explain the Instant Cash Loans assignment or default notice I thought that's it I'm doomed but then came the summing up.

The judge tore the advocate and BW Legal a new one . She didn't believe they hadn't received the witness statement, the advocate stated that I had finally emailed BW legal with the statement but none of the attachments, fortunately I had been very specific and I had BW's email in return saying they had received the statement and attachments. She said they had had ample time to provide answers to my questions and prove I was correct defendant.
She also said there was no need to cover points 2 and 3 default notice and assignment as point 1 liability had failed.

The cheeky advocate stated that I must be the correct defendant as 2 out of the 3 addresses they had sent correspondence to were mine albeit 2 years out of date, so the 3rd must be mine also. The judge pointed out the error of this logic.

After the decision the advocate asked for costs Re the adjourned hearing the, judge refused then turned to me and asked how much I wanted , I didn't go mad just what it had cost and she replied "very generous of you".

In summary make you arguments clear and concise no flannel and make sure you can quickly find any references you rely on. Expect to be asked "Show me where ..... often.

jaguarsuk thank you for all you help and encouragement


Don't let them win by not doing your homework before hand

Well done Mike, good result for you. I noticed you mentioned your Costs did you have to prepare some paperwork or did you simply just give the judge a figure? I'm in Court early March and nothing was mentioned in the Directions about the costs. I have no idea when or how I'm expected to present these. Hope you can help and once again congratulations on your success.

[mike22861]

I had a sheet ready with my lost time from work , car mileage from home and parking charges, I also charged for supplying the advocate with a 2nd set of witness statement and attachments and again today a 3rd set , I charged 10p a sheet it was 49 pages x 2 the judge accepted that I didn't have a receipt for today's parking but that it would be the same as the 1st hearing total £191.40

[jaguarsuk]

Costs schedules should be prepared, filed and served on all parties no later than 24 hours prior to a hearing.

[Yellow Oscar]

I had a sheet ready with my lost time from work , car mileage from home and parking charges, I also charged for supplying the advocate with a 2nd set of witness statement and attachments and again today a 3rd set , I charged 10p a sheet it was 49 pages x 2 the judge accepted that I didn't have a receipt for today's parking but that it would be the same as the 1st hearing total £191.40

Thank you so much. I'd better prepare something then. :-)

[Yellow Oscar]

Costs schedules should be prepared, filed and served on all parties no later than 24 hours prior to a hearing.

Thank you so much once again for your reply. Is there an official form I should fill in for this or can I just prepare my own Expenses sheet and serve this to all parties. I take it I have to include photocopies of all my receipts too? Your help would be greatly appreciated as my trial is fast approaching and there is so much to prepare in those last 2 weeks.

[jaguarsuk]

Yes just produce a list of costs and you don’t have to copy the receipts, just have them available on the day to prove costs being claimed if challenged, but you can enclose copies of you think it’ll make it easier for you.

[dobby]

Sorry to ask but do you still have the information about assets liabilities being transferred from MEM to Instant Cash Loans?* I'm preparing my witness statement and evidence for court at the end of March against BW Legal

[dobby]

It doesn't matter however much they argue that the same parent company owned both subsidiaries, for the subsidiary to own it and bring a claim they must have had it assigned, the legal requirement when that happens is that you must be notified pursuant to the Law of Property Act 1925 s.136 of the assignment.

Good luck tomorrow, their claim is flawed on so many levels and they'll try to wriggle out of things, you just need to keep highlighting the gaping holes in their case.

If I were them I'd have discontinued already.

Can you also help me with the Dollar Finance link back?* I can link back Instant Cash Loans t/a Payday UK and MEM t/a Payday UK, but I can't find the link back to Dollar Finance, I think I'm missing something!

[jaguarsuk]

Can you also help me with the Dollar Finance link back? I can link back Instant Cash Loans t/a Payday UK and MEM t/a Payday UK, but I can't find the link back to Dollar Finance, I think I'm missing something!

Please start your own thread and tag me in it because this poster has not been to court yet, so will need to continue their use of the thread. It could become confusing for all involved and potentially end with both of you being given wrong advice due to separate conversations occurring in the one place.