Bw legal - final request letter

[2708andy]

Hi, I have received a letter from BW Legal about an old debt with PayDayUK (August 2011), which was transferred to Instant Cash Loans on 28/02/2015.

I have attached a copy of this letter. It states a company called PRAC FINANCIAL. No idea who these people are and have never received any letters from them in regards to ownership of this debt. The Six years statute barred will take effect on 31/08/17. Do I write to them request a copy of the credit agreement or a subject access request? Or would this be deemed as acknowledgement of the debt?

It states I have 14 days to respond prior to them sending a Letter of Claim and then followed by a County Court Claim.

Is this a lot of hot air and them chancing their luck that they will force my hand?

Any advice would be appreciated as always.

[ostell]

Re: Bw legal - final request letter

OK, get back to them and ask them for details of PRAC who you have never heard of before, you have not received any previous correspondence from them and as such you deny any debt to them. With luck you will then get the ping pong of emails asking you for additional details to identify yourself for Data Protection reasons. Rubbish really as they have already written to you anyway. Do not supply.. Keep the exchange of emails going until the SB. The do say say that it MAY be considered for legal action.

[warwick65]

Re: Bw legal - final request letter

Looks like the directors of PRAC are the same as the directors of BW legal . They are based in Barnsley

problem is these people change their names and companies so often it is hard to keep track of which company belongs to whom.

[Kati]

Re: Bw legal - final request letter

Looks like the directors of PRAC are the same as the directors of BW legal .

where'd you find that??

[warwick65]

Re: Bw legal - final request letter

where'd you find that??

FCA register gave an email address which was @bwlegal so I went onto https://beta.companieshouse.gov.uk/

The rest as they say......

[2708andy]

Re: Bw legal - final request letter

Hi, thanks for the reply. Is there a standard letter I can send them?

[warwick65]

Re: Bw legal - final request letter

Send a cca request

[2708andy]

Re: Bw legal - final request letter

Ok thanks.

[2708andy]

Re: Bw legal - final request letter

I sent BW legal a standard letter stating I had no knowledge of the debt due to the letter stating a creditor I had no record of and not received any correspondence from. They have emailed back asking me to supply some security questions for data protection. Do I feel these in? They already know the details as they have emailed me and sent a letter in the post. If I answer the questions I am admitting liability for the debt?

[2708andy]

Re: Bw legal - final request letter

Hi, can anyone help with my query in regards to replying to their email requesting security question answers for data protection? Many thanks.

[Debt Camel]

Re: Bw legal - final request letter

Hi, I have received a letter from BW Legal about an old debt with PayDayUK (August 2011), which was transferred to Instant Cash Loans on 28/02/2015.

Instant Cash Loans is the lender, PaydayUK is one of their brands.

The timing here is difficult if you think the debt will soon be statute barred.

It is perfectly possible that court action will be started before the end of the month. Or that they can argue statute barring starts from a date a few weeks later.

If you want, you can put in an affordability complaint to Payday UK immediately, which should prevent court action being started - but it is hard to do this without acknowledging the debt.

The problem is you have to choose. Trying to put in an affordability complaint after court action has been started is going to be a LOT more difficult. As will defending that court action.

-----------------------------------------------------
If you want to put in an affordability complaint, this is what to do:

I suggest you read https://debtcamel.co.uk/payday-loan-refunds/ and put in an immediate affordability complaint to PaydayUK. Don't delay. Go straight to the step two complaint in that link, you don't have time to go the leisurely route and ask them to send you a list of your loans first.

In that step 2 letter, add a bit which says you have been told by BW Legal that they are now trying to collect this debt. Ask PaydayUK to send you a complete history of your account. This is important unless this is the only loan you have ever had from them. They will probably refuse, just ignore this. If they say your loans are over 6 years old so they won't refund, also ignore this - the Ombudsman is making PaydayUK pay out on older loans.


If PaydayUK reject your complaint, send it to the Financial Ombudsman the same day. No delays.


If PaydayUK tell you to talk to PRAC/BW Legal about the debt repeat that you want PaydayUK to look at your complaint about irresponsible lending and, if they refuse, send it to the Ombudsman.


Tell BW Legal that you are disputing the debt with PaydayUK as the loan was unaffordable. Tell them you have sent PaydayUk a complaint about irresponsible lending and ask BW Legal to hold off on any enforcement action until the dispute about the debt has been resolved.


If the complaint goes to the Ombudsman, tell BW Legal in writing the same day that you have done this and you are still disputing the debt.


BW Legal should not start court action whilst there is a dispute underway. It is going to be a LOT easier to win this case with the ombudsman than in the courts.


One loan complaints are hard to win, but it may be possible to get the interest removed from the outstanding balance.


(You could also look at putting in affordability complaints to any other payday lenders you have used - with any luck you may be able to get enough money back to pay off this claim! )

[2708andy]

Re: Bw legal - final request letter

Hi, thanks for this advice. I will get straight on this. One thing I have noticed is that the recording of this on my credit file shows this account as now closed. Does that have any effect on the situation? With regards to the initial letter I have sent and their request for security information, should I respond to this or just go with the unaffordable debt route?

[Debt Camel]

Re: Bw legal - final request letter

One thing I have noticed is that the recording of this on my credit file shows this account as now closed. Does that have any effect on the situation?

No - it just means they have sold the debt.

[2708andy]

Re: Bw legal - final request letter

No - it just means they have sold the debt.

Ok, thanks. Should I still respond to their email in regards to the letter I sent them? They require me to give them some security details before they will respond.

[Debt Camel]

Re: Bw legal - final request letter

Of course, why wouldn't you?