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Received Default Notice

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  • Received Default Notice

    Hello Forum

    I am acting on behalf of my wife in relation to a default notice she received from PRAC Financial.

    It Reads;

    This is a default notice served under section 87 (1) of consumer credit act 1974 in respect of a credit agreement then agreement number made between yourself which has my wife's name and address and Instant Cash loans ltd t/a Payday UK which has their address on the 15th May 2013

    We are sending you this notice because the following breach of the agreement has taken place with original creditor prior to debt being sold to us.

    * You have failed to make payments to instant cash loans ltd t/a Payday UKof your contractual monthly payments on their due dates as required by clause 2 of the agreement

    As previously advised we have acquired the above debt from instant cash loans t/a Pay day UK please be reminded that only PRAC financial limited may give valid discharge of this debt and we have appointed BW Legal Services Ltd as out Representatives

    To remedy the breach you are required to pay the above balance due before 3rd October 2017 to BW Legal

    As a consequence of failing to comply with this default notice within a period of fourteen days of the date shown, Your credit agreement will be terminated and we may carry out further collections activity which may include further letters and calls/or take court action

    As stated above we are required to send you this notice under section 87 (1) of the consumer credit act 1974, Please note that a default may already been registered with the credit reference agencies in respect of your account prior to receiving this notice, Please be advised that PRAC Financial will not make any amendments to your file as a result of issuing this letter, The amount of funds which we will demand repayment of is £725.50

    I then receive another letter on same day from BW Legal it says why is PRAC financial sending you a default notice

    Your account was defaulted by instant cash loans ltd t/a Pay Day UK on 1 November 2013, Pursuant to the consumer credit act 1974, The originating creditor is required to issue you with a default notice following a breach of the agreement , Our client purchased the debt from the originating creditor on 9th December 2016and for goods order, is re-issuing the default notice again.

    My wife cannot remember receiving any such default notice is 2013, Any advice on how I should proceed in relation to this would be much appreciated, Thank you
    Tags: None

  • #2
    Re: Received Default Notice

    I hope you are not going to speak to these guys too, as you did moriarty law?

    Just take a deep breath & wait until you get claim forms from the court & await professional help on here before making things complicated for yourself.

    Comment


    • #3
      Re: Received Default Notice

      Just a question, what was the date on the default notice.

      Is there any mention of a leaflet included and was one included?

      Comment


      • #4
        Re: Received Default Notice

        Is this default showing on your wife's credit files?

        nem

        Comment


        • #5
          Re: Received Default Notice

          Originally posted by warwick65 View Post
          Just a question, what was the date on the default notice.

          Is there any mention of a leaflet included and was one included?
          Hello Warwick

          Thanks for your reply.

          Date on default notice 19th September

          Yes there was a leaflet enclosed with information about defaults

          Comment


          • #6
            Re: Received Default Notice

            Originally posted by nemesis45 View Post
            Is this default showing on your wife's credit files?

            nem
            Hello Nem

            Thank you for your reply.

            I have checked my wife's file with noddle & Clearscore no default has been registered by payday UK or PRAC

            Comment


            • #7
              Re: Received Default Notice

              Hi
              I suspect they are covering their backsides , probably because the OC did not send compliant DN's in the first place. I am not sure if this DN is compliant as it only gives 14 days to remedy the breach and allows no time for service.

              Do you by any chance still have the envelope it came in, if you do I would save it and write on it the date received.

              There do seem to be more claims for payday loans being made at the moment and the annoying thing is that they are all of relatively small amounts which make the use of legal representation really not cost effective.

              I am assuming your wife remembers taking out these PDLs

              If she rolled them over it is probably worth making a complaint to the OC [MENTION=48934]Debt Camel[/MENTION] has written some good stuff on her blog

              I also would think sending a CCA request to PRAC might be a useful idea
              Last edited by warwick65; 28th September 2017, 16:30:PM.

              Comment


              • #8
                Re: Received Default Notice

                Your wife should consider putting in an affordability complaint to Payday UK, for this loan and for any previous loans she had with them.

                See https://debtcamel.co.uk/payday-loan-refunds/ which explains what the complaints are. She needs to skip step one and go straight to step two, even if her complaint is a bit vague. Payday UK routinely refuse to supply a list of loans so there is no point in wasting time on this.

                If she does this, she should also inform BW legal that the debt is currently in dispute and ask them to hold off any enforcement action until this is resolved.

                If Payday UK rejects the complaint, or only look at her previous loans with them, not this defaulted one, she should immediately send the complaint to the Financial Ombudsman and notify BW Legal of this.

                The big advantage of doing this now and now waiting for a Claim Form is that whilst the loan is in dispute with the original lender, the debt collector should not start court action.

                If she had other payday loans from other lenders, she should also think about putting in complaints to them!

                Comment


                • #9
                  Re: Received Default Notice

                  Originally posted by pcrdaddy View Post
                  Hello Nem

                  Thank you for your reply.

                  I have checked my wife's file with noddle & Clearscore no default has been registered by payday UK or PRAC
                  I thought that might be the situation, these two companies amongst others in the PDL " industry " sell / buy debts that have not been defaulted thus acquiring a " live" account extending the" life "of the account i.e. keeping it on credit files for as long as they wish.
                  The issue of a Default Notice does not mean a default has been registered with the credit reference agencies.

                  Are PD and PRAC Showing " live" accounts on the credit files?

                  nem

                  Comment


                  • #10
                    Re: Received Default Notice

                    Originally posted by nemesis45 View Post
                    I thought that might be the situation, these two companies amongst others in the PDL " industry " sell / buy debts that have not been defaulted thus acquiring a " live" account extending the" life "of the account i.e. keeping it on credit files for as long as they wish.
                    The issue of a Default Notice does not mean a default has been registered with the credit reference agencies.

                    Are PD and PRAC Showing " live" accounts on the credit files?

                    nem
                    The OP has said the following was in the letter from BW legal
                    Your account was defaulted by instant cash loans ltd t/a Pay Day UK on 1 November 2013, Pursuant to the consumer credit act 1974, The originating creditor is required to issue you with a default notice following a breach of the agreement , Our client purchased the debt from the originating creditor on 9th December 2016and for goods order, is re-issuing the default notice again.
                    As such I think they would have a pretty hard time trying to as you say 'extend the life' of the account or keeping it on the credit file past 31st Oct 2019

                    Lets remember that a DN issued under S87(1) is completely different to a default on a credit file
                    [MENTION=107498]pcrdaddy[/MENTION] I would make sure you keep those letters and if they do try to add a default with a date after 1st Nov 2013 then you have the evidence to make a complaint

                    Comment

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