Claim from BW Legal and PRAC

[Ion52]

Hi to all.

BW Legal and PRAC (PRAC bought the debt )

have been chasing me for a defaulted account with Money Shop for over 1 year now. I have asked them several times to provide documents ( any existing Default Notice sent by Money Shop, Deed of Assignment)

that my support their claim. All what they have sent me was a fake Notice of Assignment and Statement of the account ( fake too). Few weeks ago I have asked PRAC for CCA and they sent my a copy of CCA and statement of account. The sum claim by them is around £500. As they sent the CCA is there any other chance to challenge them. I have attached some of the letters I have received from them. I will really appreciate if any one can advice me what to do. Thanks.

[Ion52]

Is there anyone who can give me an advice? Please!

[MIKE770]

somebody will be along , the weekend can go quiet with family commitments!

[Ion52]

I got a few days since I'm (re) posting and asking for some help. O know no one has any obligation to answer at my question but....

[Amethyst]

Hiya xxx Sorry for missing your post - having a read now

[Amethyst]

What makes you say the statement and notice of assignment are fake ?

no default notice ?

So you originally borrowed £280 and were due to repay £350 after 38 days ? Seems to be a running credit drawdown facility so did you draw some, pay some, draw some etc - how did it get to £500 ?

[Ion52]

Hi. Thank you for replying. No Default Notice. The Notice of Assignment they sent to me looks like to be made up by them as there is just the logo of Money Shop and no signature.

'The assignment must be in writing and signed under hand by the assignor.'

I borrowed from them several times. Was only the last time I couldn't pay back. I don't know how they reached £500. There is an attachment of Statement of Account sent by the PRAC Financial (they bought the debt) at my request for CCA but looks dodgy. I know that those lots of DCA's are making up NOA and evidences to support their claims If you have a look at attachment there, in the Statement of Account, is BW Legal instead of PRAC. I'm lost in this kind of things. I'm not a British and I have no ideea how to deal with these scambags. I have asked in last letters to provide the Deed of Assignment or a Deed of Novation. They said that they are not under any obligation to do that. But if they don't provide the DOA how they can prove the they've got any right to claim the debt?

[Ion52]

I was thinking to send a Pre Action Conduit letter as I have seen in some forums. Can you tell me if do I need to add/delete or to rephrase something. Please. Here is the letter: ''Pre Action Conduct - Request for Information

With regard to your letter dated xx/xx/xxxx, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of PRAC Financial Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxx and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 28 days of the post marked date of this letter.

I. Statements of the Account ( original copy) referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxx.xx

II. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

III. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

IV. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

V. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VI. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

[Amethyst]

That seems to be quite an old letter. Did you take out the loan after October 2015 ? ( If so it would be Consumer Rights Act not UTCCR ) Plus the pre-action protocols have changed and I would point out, if it is a letter of claim/before action, their deficiences in the notice - see https://www.justice.gov.uk/courts/pr...ebt-claims.pdf

If it's this letter http://legalbeagles.info/forums/file...tch?id=1391744 then I don't think it is a pre-action letter just tells you that's where it might end up.

Also this sounds a little bit like it's from GetOutofDebtFree ( obsolete freeman on the land site )

IV. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

V. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VI. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

so hang fire on that letter for now.

I borrowed from them several times. Was only the last time I couldn't pay back.

Did you have a new contract for each loan, and was the previous loan paid off before you took out a new one or were any used to repay previous loans, or rolled over ? You could have a look at https://debtcamel.co.uk/payday-loan-refunds/

As you have blanked out the statement it's difficult to see where the amount has come from and what parts you might be able to challenge to potentially offer a lower settlement on the debt or organise monthly repayments at an affordable amount without ending up with a CCJ and further famage to your credit file.

[Ion52]

Hi. I took the loan in January 2013 and, indeed, every each time I borrowed I had a new contract. I took twice a loan just trying to repay the old one. The letter of conduit I took from the getoutofdebtfree and it did work with another DCA last year. I will try to message you the alleged Statement of Account. Thank again for your help.

[Amethyst]

Did you contact them when you couldn't make the repayment on the relevant date to 'rollover' the loan ?

[Ion52]

I did but I have been ignored. I went to the local Money Shop and I have asked them for another delay ( a month). I been told that they can't do anything and I need to pay if not they will add interest on the top of the existing one. As I realise that is no understanding from their side I just not trying to pay anymore.

[Amethyst]

It seems they might have taken your enquiry at the Money Shop as a request for a rollover.

Did you pay them £70 when you went to ask for an extension ?

[Ion52]

I ask them to accept £70 for my extension but they did not accept and asking me to pay all.