Court claim form letter pra group

[dean78]

Re: Court claim form letter pra group

if you leave it in (which I would) you need to send a copy of the cca request to them at the same time as the cpr :noidea: ... it's your choice xx

thanks your a star kati i sent both letters off today recorded delivery.What happens now do i just wait and see what there response is (if any)?

[Kati]

Re: Court claim form letter pra group

thanks your a star kati i sent both letters off today recorded delivery.What happens now do i just wait and see what there response is (if any)?

right ... if you've acknowledged the claim, you have 33 days from the date of issue on the claim form before your defence is due. You've sent off CCA and CPR so now its a waiting game to see if they reply ... keep an eye on the dates tho, your defence will need to go in on time!!

[dean78]

Re: Court claim form letter pra group

Update i had a reply from Pra group couple of letters.One regarding the request for copy of agreement.They returned the £1 postal order and saying we will provide an update as soon as possible.

The other is about the cpr request see the scans for what they sent.

i attached scans of the letter.








What should i do next?

[dean78]

Re: Court claim form letter pra group

hi,

well time has passed and I haven't heard anything else from PRA Group (other than above) so they haven't provide me with the CCA or the CPR request.Should i now start preparing my defence response so it isn't a last minute panic.

[charitynjw]

Re: Court claim form letter pra group

According to my math you have until 15th October. (Issue date + 33 days).
You could adapt the defence example (top of this thread) to suit &, if you want, post a copy on here for comment before you file it at court. (Personal data removed).

[dean78]

Re: Court claim form letter pra group

Thank you charitynjw for your post.I have a little bit of time then before it needs to go in then,but realise that it will soon come round.

I will post up my defence here for comments and advice before submitting to the court.As i dont want to get something messed up, and really do value the members advice.

[dean78]

Re: Court claim form letter pra group

I have just done a rough draft of my defence (using the defence template) which i need some help with a few of the paragraphs


Firstly i obmitted paragraph 5) The particulars of the claim fail to state when the agreement was entered into.

I am right in thinking i can't include that paragraph in my defence because on my particulars of claim it does give a date when the original agreement was entered into.

The other paragraph i'm not sure about is this one

The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

what should i put in here as it has been passed from mbna (original creditor) then to aktiv kapital then onto pra group.Should i mention in my defence aktiv kapital as well as pra group.Or just pra group?

so here is my first draft of my defence.If you would be so kind to have a look through and tell me if it makes sense and is correct,i would be very grateful for your help.




1: I received the claim xxxxxxxx from the Northampton County Court on 14 September 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: The Claimants statement of case states that the account was assigned from MBNA to on [Date]. The Defendant does not recall receiving notice of this assignment.


6: It is denied that MBNA 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 20/09/16.I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to PRA Group legal representative Robert Marr. I requested the Claimant provide copies of The Agreement, Default Notice and Notice of Assignment Proof of payments up to 31/5/12


8: PRA Group legal representative Robert Marr has not sent any of these documents to me.


9:On the 20/9/16 I sent a formal request for a copy of the original agreement to PRA Group Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have ignored my request.


13. 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.


14. 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.


15. 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.


16. 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 …………………………………………

[charitynjw]

Re: Court claim form letter pra group

Re #5, I would mention AK & the dates mentioned in the PoC, & if you cannot recall receiving Notices of Assignment from any of them, I would also state that.
As it stands, your statement in #5 is not strictly correct.

[dean78]

Re: Court claim form letter pra group

thankyou charitynjw i've amended paragraph #5 to read

5: The Claimants statement of case states that the account was assigned from MBNA to AktivKapital Portfolio on 29/2/12 who then assigned it to PRA Group on the 31/12/14.The Defendant does not recall receiving notice of these assignments.

is that ok? and apart from that does everything else look correct or anything else need doing

one again very much much appreciate your helpfull assistance

[charitynjw]

Re: Court claim form letter pra group

If this is for a credit card, s78 is applicable, probably best remove all references to s77.
Your numbering jumps from #9 to #11.

[dean78]

Re: Court claim form letter pra group

yes it is for credit card charitynjw.

I removed s77 reference and corrected numbering.Is is looking any better now and nearing ready for submitting.Or are there any further adjustments/amendments needed.

Again can't thankyou enough for the helping me it has meant so much.




1: I received the claim xxxxxxxx from the Northampton County Court on 14 September 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5: The Claimants statement of case states that the account was assigned from MBNA to AktivKapital Portfolio on 29/2/12 who then assigned it to PRA Group on the 31/12/14.The Defendant does not recall receiving notice of these assignments.


6: It is denied that MBNA 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 20/09/16.I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to PRA Group legal representative Robert Marr. I requested the Claimant provide copies of The Agreement, Default Notice and Notice of Assignment Proof of payments up to 31/5/12


8: PRA Group legal representative Robert Marr has not sent any of these documents to me.


9:.On the 20/9/16 I sent a formal request for a copy of the original agreement to PRA Group Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10. The Claimant has failed to comply with s78 Consumer Credit Act 1974 and by virtue of s78 Consumer Credit Act 1974 cannot enforce the agreement.


11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have ignored my request


12. 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.


13. 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.


14. 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.


15. 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 …………………………………………

[charitynjw]

Re: Court claim form letter pra group

Getting there!

CCA Default Notices are s87, not s78.

[dean78]

Re: Court claim form letter pra group

charitynjw just edited my post #26 above your last post.is it looking ok?

[charitynjw]

Re: Court claim form letter pra group

It looks fine.
Your para 10 could be a little more precise (per the defence example para 11), but as long as you can evidence the statement it will suffice.
CCA 1974 s78 http://www.legislation.gov.uk/ukpga/...ion/78/enacted

[dean78]

Re: Court claim form letter pra group

great charitynjw!

my only query i have is you say "i could make para 10 a little more precise" what could i add for instance that would make it more precise,or is it really that not essential.I just don't want to make a silly mistake and end up worrying even more.

At the moment my life is in a really bad place and this additional worry has had me at breaking point.So the help from members on has been invaluable and a godsend.