BWlegal / PRAC Limited / Payday Express / Express Finance

[Lotty]

Court date!

Hello Beagles!

I have a court date through for a pay day loan going back to 2013. I sent my defence back to the court in September asking for more evidence as I know nothing about this debt using a CCA from this site. I to this day have received nothing. I sent off the proof of postage and a copy of the CCA to the court.

Today I have my client's statement from bwlegal on behalf of PRAC Financial Limited. The yave included lots of old letters from their system a statement showing no payments, a print out of a back account details, a credit agreement (not signed), a default notice dated 6th October 2013 from Express Finance and a notice from pay day express selling the debt to PRAC Financial Limited on the 12 April 2017.

The court date is the 31st January, the papers had to be with the court today at 4 but I hadn't had anything to work from. I have called the court and they have said that I can email, so I need to do that tonight, but as for my defence I am lost as to what to do?!? Any help would be really appreciated.

Thanks in advance beagles.

[Amethyst]

Hi, so you have received the claimants Witness Statement today which is full of documents which you have been asking for since last August. Personally I'd have filed my Witness Statement by the date/time required stating that I still had no documents and then, once the claimants WS had arrived sent a supplemental witness statement updated to account for the documents.

Had you prepared your Witness Statement already to send in by 4pm today or were you just going to not do one because you didn't have any docs to base it on? You're unlikely to be able to go through the documents and get a decent WS in tonight.

Anyway... Payday Express is a trading name of Express Finance I believe - The Agreement, Default Notice and Notice of Assignment should at least be in the same company name. I'm not sure if Express Finance is one of the trading names that moved between different companies so check the documents all are actually the same company.

How much is the claim?

[Lotty]

Hi, so you have received the claimants Witness Statement today which is full of documents which you have been asking for since last August. Personally I'd have filed my Witness Statement by the date/time required stating that I still had no documents and then, once the claimants WS had arrived sent a supplemental witness statement updated to account for the documents.

Had you prepared your Witness Statement already to send in by 4pm today or were you just going to not do one because you didn't have any docs to base it on? You're unlikely to be able to go through the documents and get a decent WS in tonight.

Anyway... Payday Express is a trading name of Express Finance I believe - The Agreement, Default Notice and Notice of Assignment should at least be in the same company name. I'm not sure if Express Finance is one of the trading names that moved between different companies so check the documents all are actually the same company.

How much is the claim?

Thanks for your reply Amethyst. I have sent a letter to the court with the proof of postage and asking BWL for all of my documents but still awaiting them. This is all new to me so I didn't know how to defend something that I have no documentation for.

I have just looked on my credit file and no default has been registered against me. Surely if they had issued one it will be there? I was going to send a copy of my credit report in as proof.

The credit agreement is in Express Finance ltd t/a Payday Express. The default notice is not even on headed paper but states it is from Express Finance Ltd t/a Payday Express and the sold to PRAC was from Payday Express

On the bottom of the Payday express selling letter it says that Payday Express is a trading name of Instant Cash Loans. The letter from Prac says that it has been aquired from Instant Cash Loans Ltd t/a Payday Express, no mention of Express finance.

My head is now spinning and I don't know how to word everything in my defence. Is there a good place to start?

Thanks in advance again

Lotty