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Jess85

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Everything posted by Jess85

  1. Hi there! Thank you for checking back in with me I'm still waiting! Had a notice of transfer of proceedings over a month ago but no hearing date yet. How long does it usually take? Any possibility it will just go away? (I know the answer to that)
  2. Done. So now I wait for a hearing date? Gulp. Anything I can do in the meantime (apart from read, read and read?)
  3. So I tell mediation I don't have all the documents to proceed? I need the original default, right?
  4. dx100uk - notice of assignment and default notice attached. The default isn't the original however, one they resent last year. Apologies – the quality of this pdf is bad. I can repost later if not clear. BW 2.pdf
  5. Do I have all the documents to continue with mediation? I'm not sure on my next step.
  6. Hi there...been slow due to a hectic week back at work to recap - I think the latest day for me to respond to mediation appointment request is tomorrow. I've attached the docs which I've had from BW. Is mediation best for me now? BW PDF.pdf
  7. Happy New Year! Hope you all had a lovely break. Xmas has really slowed me down with the above but I'll get these docs scanned and up tomorrow. I've since had an email for mediation appointment. (Another question...do you think *they* read all these posts? That really gives me the creeps!)
  8. Hi there...I'm back for some help. I'm at a bit of a low eb with this. So I've received back 4 separate bits of post: 1. A Notice of Proposed Allocation to the Small Claims Track 2. A letter from BW outlining PRAC's position along with a mocked up 'statement of account' 3. A copy of the original credit agreement, from BW 4. A copy of the directions questionnaire, from BW. I have to have the questionnaire sent back next week – can you help me proceed.
  9. Done. Thank you both. I'll be back for some more financial therapy soon.
  10. Thank you. You guys are great. I did just have a letter back today from BW: “We note your request for the relevant documentation to confirm your liability towards the current balance due, however we can confirm a claim form was issued through the Country Court at Northampton and was deemed served on 30th October 2017. The response pack to the claim form will now need to be competed and returned with either your admission or defence.” Although this isn't really saying anything is it?? Am I ok to now go ahead and submit the above defence, is there anything else I need to do? Thank you
  11. Ah yes, it's 23rd October, not 22nd?! Also....I posted the above in haste, I'm rushing and it's all wrong. This is my second attempt. Particulars of claim for reference only 1.The Claimant’s Claim is for the sum of £900 being monies due from the Defendant to the Claimant under a loan agreement regulated by the Consumer Credit Act 1974 between the defendant and Instant Cash loans Ltd t/a Payday UK under account reference xxxx and assigned to the Claimant on 09/12/2016, notice of which has been given to the defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The Claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.19) from the date of assignment of the agreement to 19/10/2017 being an amount of £100 Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC 2. Paragraph 1 is denied. I have in the past had financial dealings with Instant Cash loans Ltd t/a Payday UK however I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 1 is noted although I can’t recall receiving a Notice of Assignment from December 2016. 4. Paragraph 2 is noted although I have no recollection of ever receiving a Default Notice or Notice of intention to serve a DN. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77 request and remain in default and with regards to my CPR 31.14 request. (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. Hello Hope you are well. Just wondering if you would mind looking over the below to see if it all seems ok as tomorrow is my deadline day. I haven't received anything back from me CCA request, or the CPR 31. 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Instant Cash loans Ltd t/a Payday UK. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 is denied I am unaware of what account the claimant refers to. 4. Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from December 2016 or ever having being approached pre litigation with regards this alleged debt. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I'm feeling a little anxious
  13. I feel like I've got enough info on the slippery eels after today....and I'm keen to get it all rolling. I'll pop back when I get stuck. THANK YOU.
  14. One more quick question for today – now that I've got a clearer picture on most of the loans (yep, my Sunday was fun!), do I still need to put in an information request to each lender, or can I start putting together my complaints based on and tweaked from other examples on here? Am I best to post them up here before I send? (keen not to bore you with the same letter X 11!)
  15. Thank you so much for looking at it! It's both terrifying and a weight being lifted seeing it all laid out and possibly being able to turn some of the mess around. So, in answers to your questions: 1. Haven't got credit reports from 2012-2013. I only have them from earlier this year and onwards. I'm signed up to experian now and happy to keep that going so I can monitor it. Gonna get obsessed with my credit file. 2. No gambling, but started getting the loans after a separation and no access to other credit. At the time of starting them I know I had a barclaycard loan default, HSBC loan default and another credit card default on my credit file which must have dropped off a couple of years ago. Once I got into the trap of robbing Peter to pay Paul, I was using them for month to month living. 3. I have access to all bank statements and have downloaded them all.
  16. fkofilee, here is the full picture....made me wince delving back into the dark days and feels even stranger posting this online. While the amounts aren't huge (I actually thought it was worse than this), there's no denying the impact it's had PDLOANS.pdf
  17. Thank you both, I've had a good read of the guide and now feel galvanised and SO ready to tackle this!! fkofilee – Ok yes great, I'm attempting to do this by going though any bits of correspondence I still have and bank statements that showed deposits and payments out (I also used two bank accounts at the time and would switch between them for deposits/repayments which confuses it further). With a couple, it's also apparent from emails that I took out a PD loan, freaked out a couple of days later and cancelled it within the cooling off period. I then repaid it without interest but went ahead and took another one with them?! Bonkers behaviour. They'll definitely be holes in the figures, but I'll try and get it done as fast as possible and get it up. A big question I do have right now however is concerning the PAYDAY UK & PAYDAY EXPRESS loans (the most bothersome tbh) – If I'm asking them (Instant cash loans?) to dig out all the info / loan history, is that not the same info I don't want the debt purchaser to have when I'm defending the pursuit of the debt? If I get them to unearth it, am I doing PRAC a favour if they try and pull together all the agreements etc? Confusing! I think when you've lived with debt hanging over you, you get really scared of waking the sleeping lions!! onwards and upwards.
  18. I've posted on another thread about how I'm finally facing the payday loan mess I got myself into a few years ago. I've picked through the chaos and now have a picture of who I borrowed from and roughly how they were left – a lot of these loans were going on at the same time, and my credit file must have already been shot to bits as I was being approved applications. What I'm confused about however is how to proceed with an irresponsible lending complaint if there are still amounts outstanding, or if it has been sold on? It all seems so *messy* and as more time passes the foggier it gets??!! Would anyone mind lending a hand? PAY DAY UK Repeat loans / repayments over a period - one loan unpaid now at CCJ claim stage by BW Legal PAYDAY EXPRESS Repeat loans / repayments over a period - one loan unpaid now being threatened with CJJ by BW Legal (they might follow through as they have above) 1ST STOP Repeat loans / repayments / rollovers over a period – one loan resulted in a CCJ (still have to pay this) VANQUIS CREDIT CARD I settled/paid Lowell and default on credit file MR LENDER Unpaid - default on credit file and with DCA QUICK QUID Repeat loans / repayments over a period – one loan unpaid but I eventually settled/paid the DCA - weirdly nothing on credit file SUNNY Unpaid - default on credit file and with DCA WAGEDAY ADVANCE Repeat loans / repayments over a period – paid some/maybe all but unsure if there is outstanding amount left unpaid WONGA Repeat loans / repayments over a period – I had an email saying the amount was being written off and it dissapeared from credit file SWIFT STIRLING I'm finding it difficult to piece together what I borrowed with them but I think it was two or three loans – paid some/maybe all but unsure if there is outstanding amount left unpaid LADDER LOANS Several loans that were repaid in full Urgh, such a big depressing list. The list of doom! Any help where to start would be appreciated.
  19. Just a quick update... .I have done the above (albeit just within the 14 day deadline), do I now wait for a bit and file my defence as close to the full deadline as possible? I've read around on here, but would you mind if I posted my defence for you to check? Kinda learning as I go with this PS: And I'm about to start a new thread to kickstart my complaints! fkofilee, your help would be SO appreciated.
  20. So helpful, thank you. That all is very clear. I'll get the letters sent. I imagine I'll totally need help with my defence?! One step at a time, I guess. Just going through my pile of letters from BW legal, it seems the same people have started the same process with an old Payday loan from Payday Express too....Can I get the same CCA request sent in relation to that too, before they send the claim.
  21. THANK YOU! Name of the Claimant? PRAC Financial Date of issue – 22nd October 2017 What is the claim for – the reason they have issued the claim? 1.The Claimant’s Claim is for the sum of £900 being monies due from the Defendant to the Claimant under a loan agreement regulated by the Consumer Credit Act 1974 between the defendant and Instant Cash loans Ltd t/a Payday UK under account reference xxxx and assigned to the Claimant on 09/12/2016, notice of which has been given to the defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The Claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.19) from the date of assignment of the agreement to 19/10/2017 being an amount of £100 What is the value of the claim? £1120 Is the claim for – Payday loan When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim – Debt purchaser via BW Legal Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? I had moved address. DCA sent a copy of it. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? As above, I had moved address. Why did you cease payments? Had overwhelming debt at the time What was the date of your last payment? I didn’t make a payment on this loan of £500 (but had numerous other previous loans with PayDay Uk over the period of a year) Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? No
  22. Apologies for longish post but want to give context.... A few years ago, when I was a freshly single mum trying to keep my head above water, I got myself into the most terrible. horrible mess with payday loans resulting in a CCJ (unpaid to date) and a bundle of defaults – some paid, some unpaid, to be honest I just lost track, so I am now trying to now sort out. The fault was all mine, typical story of robbing Peter to pay Paul until it all got too much and I literally walked away from the debt. I moved a couple of times, the debt collectors went quiet and I totally buried my head. after a complete overhaul of my old money habits and working really hard for a couple of years, I've started to feel like I can breathe again and can think about the future. I want to try and get my ducks in a row so that I can think about a mortgage in the next couple of years. And get rid of that awful feeling of being in debt and waiting for someone to knock at the door. I got my credit file a few months ago to get a handle on what I owe and to try and unpick the damage. This it seems has woken up the debt collectors to my new address details (fair enough) as I have had a fresh onslaught of debt companies chasing me hard again. The scariest is demand for payment on the 3.5 year old CCJ - with a threat that enforcement is the next step (I know I do need to get in touch with them now and make this payment) just a couple of days ago a new CCJ claim form from another DCA after they've resent the original default notices again. I’m needing some help. After reading the recent news about payday loan irresponsible lending claims I know some of mine fell into this criteria for sure – at one point I was borrowing from 8 or 9 different companies at the same time, rolling over debts or paying them back and re-borrowing on the same day. What a mess. I plan on working out the full picture of what I borrowed and when, and putting in complaints as I think this would apply to me going by the chaos of my finances at the time. I feel it won’t be long before more court claim forms start coming though. However, that doesn’t help with the current CCJ claim from that I now have to defend or pay. Would somebody please minding guiding me through it? I’ve been doing lots of reading but would appreciate some support …it’s v overwhelming/confusing and my absolute goal is to get all this debris clean and gone once and for all. Thank you in advance J
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