General Form of Judgment or Order - BW Legal - Prac Financial

[Sarah81]

Hi,

I'm new to the site and after some advice.
I received a court order for a CCJ from Prac Financial in regards to an outstanding payday loan from April 2013. the order received in August 2019.
I defended the claim, advising i wasn't aware of it, no correspondence received and the address this was registered to looked to be for one i had moved from in 2007. I also confimed that i believed this to be statute barred given the length of time.
I've also sent requests to both BW Legal and Prac Financial asking for copies of the agreement, default notice and also statement of account and originally only received a copy of the agreement.*
I've completed the directions questionnaire and have now received the General Form of Judgment or Order, this confirms that BW Legal are to provide the full documents I requested and have ordered me to serve an amended defence upon receipt of the documents, which is due 2 weeks today, further direction will be given by the Judge after this time.

I've received the same agreement as before with a printed surname between myself and MEM Consumer Finance Limited t/a Payday UK (the county court claim is for a loan taken out with Instant Cash Loans no mention of MEM Consumer Finance Ltd), the default notice - not on headed paper nor signed but dated for August 2013 and statement of account which shows the first defaulted payment being July 2013. They also sent 2 letters dated February 2017, one from Prac Financial and one from Payday UK (now saying a trade name of Insant Cash Loans) telling me my account had been passed on to Prac Financial, these look to have been sent to another address which i had been using as a postal address between 2013/2014 because I didn't have a fixed address at the time but needed somewhere to have post sent to. Their claim is that this was the only known address they had on file at that time, however records show that I was registered at another address, my bank accounts and other financial documents were also being sent to that address.

My queries are -
When would a debt become statute barred - would it be from the first noted defaulted payment on their records (July 2013) or six months after the loan was taken out?
What advice can you give for the amended defence, I'm time limited on this one but feel I should get it right?
Should more than 2 letters have been sent in a six year period and effort made to find the correct address? I didn't know about this until the Claim came to my now current address, which I only moved into in December 2018 (also where my bank account is registered to)
Should I have received something to confirm that MEM Consumer Finance are no longer trading, is this relevant to the claim, considering the agreement was between myself and them and not between myself and Instant Cash Loans?

Please can someone point me in the right direction or provide a bit of advice?

Thanks

[Amethyst]

You mention the first defaulted payment ? Did you receive a default notice and is that dated after August 2013. Statute barring runs from the expiry of the default notice, rather than last payment ( as until then you can make up the payment continue with the agreement )

Have you received notices of assignment ? They need evidence of assignment from MEM to Instant Cash then one from Instant Cash to PRA. It sounds like you on have Instant Cash to PRA. So keep arguing there is no evidence of assignment from MEM.

Have they provided all documents asked for by the court ?

[Sarah81]

Hi Amethyst,
Thank you for coming back to me. I didn't receive any paperwork at all until the Court Claim.*
The 'default notice' they have sent is dated August 2013 but not on headed paper nor signed, could have been typed up by them for all I know.
All documents have been received now but not the notice of assignment.
Is the amended defence the same as my defence but adding I've received the paperwork but that I now want the notice of assignment for Mem to Instant Cash then Instant Cash to Pra?
Is there anything else I could add?
Thanks again for your help.

[Sarah81]

Hi, just on the default notice bit, if its dated 23rd August and the claim is dated 8th August, does this mean they've got the claim in on time (just). Even though I don't agree that ICL have sent the Default Notice and that it wasnt ever received in the first place.