PRA GROUP vs Blossom50 CCJ

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

A couple of suggestions as this a consolidation of a regulated loan and an unregulated agreement.
Had the bank made any comments on how it viewed the consolidated debts i.e. as a loan?

nem

nem

Thanks so much. Well it was an overdraft of around £1k and a loan of around £6k. I think the loan got absorbed into the bank account so it was one debt under one account number and sort code. But that's my assumption - it was so long ago now I assume that's what they did. The case is detailed with my old bank account no. And sort code so a bit of a strange one.

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Thanks so much. Well it was an overdraft of around £1k and a loan of around £6k. I think the loan got absorbed into the bank account so it was one debt under one account number and sort code. But that's my assumption - it was so long ago now I assume that's what they did. The case is detailed with my old bank account no. And sort code so a bit of a strange one.

Personally I would make as much of the fact you have no idea of what the amount consists of making the loan ( fixed interest?? ) part of the OD variable and often punitive interest and charges is in my opinion unfair.

Save me going back when was the account terminated?

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Thanks this is so helpful. Account opened in 1996, defaulted in 2006. No idea on loan terms but yes to massive overdraft charges I am sure from memory

[joedempsey]

Re: PRA GROUP vs Blossom50 CCJ

Personally I would make as much of the fact you have no idea of what the amount consists of making the loan ( fixed interest?? ) part of the OD variable and often punitive interest and charges is in my opinion unfair.

Save me going back when was the account terminated?

nem

when was the last payment on this? is this not statute barred?

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Thanks this is so helpful. Account opened in 1996, defaulted in 2006. No idea on loan terms but yes to massive overdraft charges I am sure from memory

That's what I thought clearly unfair!

So defaulted when in 2006? Have any payments ( to any party ) been made since the default date?

Have you checked your credit reference files for this debt/account? You can check Noddle free online.

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Last payment was made to Aktiv Kapital in 2015 but I was quite mentally unwell at the time and the threatening letters got to me I'm sad to say. Not on any credit file anymore I check all of them regularly.

Once again thank you. I was so panicky when I got the letter but reading here has helped so much.

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Last payment was made to Aktiv Kapital in 2015 but I was quite mentally unwell at the time and the threatening letters got to me I'm sad to say. Not on any credit file anymore I check all of them regularly.

Once again thank you. I was so panicky when I got the letter but reading here has helped so much.

Were you making regular payments to AK or was this payment a one off ( under duress)?

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

I did make a few but I can't remember how many - I've just done a search on my bank account but can't find any so maybe it wasn't as many as I thought. I set up the payment under duress though as I was so panicky after a particularly nasty letter. Kicking myself about it to be honest.

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

I did make a few but I can't remember how many - I've just done a search on my bank account but can't find any so maybe it wasn't as many as I thought. I set up the payment under duress though as I was so panicky after a particularly nasty letter. Kicking myself about it to be honest.

Ok ,

As you say you had mental health problems, panic attacks were you receiving multiple contacts from AK e.g. letters every week, more than 2-3? Any phone calls, emails or text messages?

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Ok ,

As you say you had mental health problems, panic attacks were you receiving multiple contacts from AK e.g. letters every week, more than 2-3? Any phone calls, emails or text messages?

nem

Multiple letters yes 2 or 3 a week - nothing else as I changed my phone number to avoid the calls. Was scared to answer the phone!

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Multiple letters yes 2 or 3 a week - nothing else as I changed my phone number to avoid the calls. Was scared to answer the phone!

OK Blossom,
I want to take time to read through all the thread and see what comes up
When's the deadline/
nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

OK Blossom,
I want to take time to read through all the thread and see what comes up
When's the deadline/
nem

Deadline is Monday at 4 - should have been Sunday but the court said it was extended to Monday. Thank you again!

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Afternoon all hope you're having good weekends. Just another update that today's post has been and again nothing from PRA so they haven't sent me any of the documents I've asked for and they've had more than the 12 days now. So I'd like to submit defence either today or tomorrow so I know it's done before the Monday deadline. If there's anything I should include apart from the very much appreciated amendments from [MENTION=55034]nemesis45[/MENTION] please let me know!

Just a question about the numbered points- do I need to keep the numbering in or is just paragraphs OK? Thanks

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Afternoon all hope you're having good weekends. Just another update that today's post has been and again nothing from PRA so they haven't sent me any of the documents I've asked for and they've had more than the 12 days now. So I'd like to submit defence either today or tomorrow so I know it's done before the Monday deadline. If there's anything I should include apart from the very much appreciated amendments from @nemesis45 please let me know!

Just a question about the numbered points- do I need to keep the numbering in or is just paragraphs OK? Thanks

Hello Blossom,

Yes numbered and double space between each paragraph.
nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Thanks nemesis. Hope you're well today. I've reworked my defence based on your suggestions - if there's anything else I need to add please let me know. Thank you again.


1: I received the claim Cxxxxxx from the Northampton County Court on 30th June 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Loan/Overdraft agreement regulated under the Consumer Credit Act 1974. The loan element of the amount was regulated under the Consumer Credit Act 1974 but the overdraft was not. The defendant is unable to reconcile how the amount claimed has been reached given the consolidation of regulated loan and an unregulated overdraft. The claimant has yet to prove the amount claimed and how the figure is made up.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and It is denied that the Defendant has entered into an agreement with the Claimant.

5: The Claimants statement of case states that the account was assigned from HSBC to Aktiv Kapital. It is also stated that the account was assigned from Aktiv Kapital to the PRA Group. The defendant does not recall receiving notice of either assignment.

6: It is denied that HSBC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 13th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8: The Claimant has not sent any of these documents to me.

9: On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10: The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14: It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………

Dated ................................