BW Legal / PRAC Financial Help

Toe_Bee

Hello,

I am looking for some advice on what to do with these companies and also the courts.

I have been out of the UK for the last 3 months and returned to find 3 letters from BW legal "representing" PRAC Financial in regards to an alleged outstanding debt and also a Court claim from them as well.
The last time I used any credit products was at the end of 2012 / beginning of 2013 - I'm pretty sure this debt should be statute barred (it might not be, but it is certainly going to be close).
I have just signed up with credit karma & clearscore, but nothing is showing on there at the moment, I assume the reports won't be fully updated until next month.

What should I do? should I wait until I can see my full credit reports or should I contact the courts explaining I believe it may be statute barred and I was not in the country to receive any notifications.

The date on the Court claim was 1st of August so the period in which to contest this has now expired.

I can prove I was not in the country and did not see any of the letters as I have entry and exit stamps in my passport.

Thanks.

Oh - just some other information incase it is relevant. BW / PRAC took over this account on 09/12/2016 and I have never received any correspondence from them until now.

TripleH

Do you have a date for the court to hear the case? When is it?

You NEED to attend thus hearing otherwise you will loose by default. You akso need to get all evidence together to support why you think the loan is statute barred.

I assume you recognise the loan they are chasing? It might not be yours, but again you need to bring evidence of where you were living to argue in court if you tuink they havecthe wrong person.

fatbelly

There will be no hearing.

You did not respond to the court claim so PRAC will have asked for summary judgement and you should now have a ccj.

I'd phone the court and check.

Whether you have grounds for set-aside will depend on whether you have a defence with a reasonable prospect of success. If you can establish that the default date was before 1 Aug 2013 and you didn't acknowledge the debt after that date then you do have one.

The other two criteria: that you have a reason why you did not reply to the court claim, and that you have acted promptly, are fulfilled.

macman

The fact that you weren't around to see the paperwork is not relevant. All the complainant has to do is serve the papers to your last known address, which they did.

sourcrates

Creditors should do due diligence in tracing debtors, if there current address is in the public domain, then that is where court documents should be sent, non receipt of a claim form due to having been sent to an old address, just doesn’t wash anymore, when there are plenty of ways to find someone.

Therefore these are sufficient grounds for a set aside application, as has been confirmed by legal council.

Toe_Bee

Thanks for the replies - I am waiting for responses from court & PRAC so if I have any further questions I will post again.