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**DISCONTINUED!!!** Court claim from PRA Group Ltd UK

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  • #16
    Re: Court claim from PRA Group Ltd UK

    Originally posted by Elaineg View Post
    I'm totally lost, I don't even know how to use this site, I'm so sorry
    You're doing fine, don't worry

    Send off the two letters as has been said and then draw breath.

    After that you need to send a Subject Access Request (with £10) to Lloyds the original creditor because that will provide you with the history of this debt. This will help you later on in the process.

    The deadline for your Defence is 33 days (not 28 days) from the claim Issue Date.

    Wait to see what comes back (or not) from your request letters before you start to consider what you should include in your Defence.

    Personally I would never ask for an extension of time because it's good to get on with things. Put the Claimant under pressure while they haven't got the necessary documents. This makes it harder for them to reconstitute paperwork.

    Di

    Comment


    • #17
      Re: Court claim from PRA Group Ltd UK

      where abouts and in what letter does it ask for Extension? do i need to remove that part from one of the two letters?

      Comment


      • #18
        Re: Court claim from PRA Group Ltd UK

        "If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court"

        http://legalbeagles.info/forums/show...ic-information


        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Court claim from PRA Group Ltd UK

          Hi, I've just received a letter from PRA Group saying they received my requests but due to the fact they have to obtain documents from the original creditors,which might take 6 to 8 weeks to be received. They note that acknowledgement of service has been filed and that I intend to defend this matter. They also said they look forward to receiving my defence by 23 January.
          im slightly worried what to do for my defence and what to put in. The date for court defence worked out for 21 january, they have put 23rd on their letter. Please help

          - - - Updated - - -

          FYI I didn't ask for extension on my original letter as I was advised not to.

          Comment


          • #20
            Re: Court claim from PRA Group Ltd UK

            Originally posted by Elaineg View Post
            Hi, I've just received a letter from PRA Group saying they received my requests but due to the fact they have to obtain documents from the original creditors,which might take 6 to 8 weeks to be received. They note that acknowledgement of service has been filed and that I intend to defend this matter. They also said they look forward to receiving my defence by 23 January.
            im slightly worried what to do for my defence and what to put in. The date for court defence worked out for 21 january, they have put 23rd on their letter. Please help

            - - - Updated - - -

            FYI I didn't ask for extension on my original letter as I was advised not to.
            If it were me I'd stick to 21st Jan.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #21
              Re: Court claim from PRA Group Ltd UK

              Originally posted by Elaineg View Post
              They also said they look forward to receiving my defence by 23 January.
              im slightly worried what to do for my defence and what to put in. The date for court defence worked out for 21 january, they have put 23rd on their letter.
              The 21st January is a Saturday which means you can file your Defence by 4 pm the following working day which is Monday 23rd January.

              So you're both correct really

              Di

              Comment


              • #22
                Re: Court claim from PRA Group Ltd UK

                I'm trying to find something to help with drafting a defence. Please if anybody can help I would be very grateful.

                Comment


                • #23
                  Re: Court claim from PRA Group Ltd UK

                  | Defence Example

                  Comment


                  • #24
                    Re: Court claim from PRA Group Ltd UK

                    Originally posted by Elaineg View Post
                    I'm trying to find something to help with drafting a defence. Please if anybody can help I would be very grateful.
                    Hi there are defence templates in the green box above for you to amend to suit your case, they are not ready for filing with the court.
                    Make a draft and post here and the Beagles will help you with it, come back if you have any questions.

                    nem

                    Comment


                    • #25
                      Re: Court claim from PRA Group Ltd UK

                      Originally posted by Elaineg View Post
                      Hi, I've just received a letter from PRA Group saying they received my requests but due to the fact they have to obtain documents from the original creditors,which might take 6 to 8 weeks to be received. They note that acknowledgement of service has been filed and that I intend to defend this matter. They also said they look forward to receiving my defence by 23 January.
                      im slightly worried what to do for my defence and what to put in. The date for court defence worked out for 21 january, they have put 23rd on their letter. Please help

                      - - - Updated - - -

                      FYI I didn't ask for extension on my original letter as I was advised not to.
                      Theres no reason why you cannot email the PRA group to ask for an extension per CPR 15.5 otherwise if you lodge a Defence that you know now will need to be amended you could end up being exposed to further costs of applications and costs of the Claimants having to deal with the amendments etc.

                      The rules allow you to seek an extension of upto 28 days, so no reason why you cant ask, if they dont reply in time then you can of course still file the Defence by 23rd, but i always prefer to have all of the documents at my finger tips before i lodge a defence
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • #26
                        Re: Court claim from PRA Group Ltd UK

                        This is likely to be allocated to the small claims track given the value of the claim.


                        I agree with PT that it is always preferable to have all the documentation in front of you before a defence is filed but sadly my experience is that these claims are issued by debt purchasers who do not have easy access to copies of the original documentation.


                        As Di said in an earlier post the longer the time the claimant has to obtain documentation the more likely they will be able to reconstitute it.

                        I assume that the CPR 31.14 letter you sent PRA contained the standard LB phrase:-


                        "If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court”.


                        You say PRA have explicitly told you that they expect your defence by 23 January 2017. Therefore, they have not consented to an extension of time for the filing of the defence. In any event, they say they will need 6 to 8 weeks for the documentation which is more than the 28 days allowed by CPR 15.5. In which case an application would have to be made by you to the court now for permission to extend the time for file the defence 14/21 days after service of the documents. This would need to be made even if you did not include the standard LB phrase which I have highlighted and underlined above.


                        If you file a defence now within that defence state that they have not complied with your CPR 31.14 request and have not agreed to an extension of time for the defence and that you will therefore seek permission and their consent to file an amended defence once they do provide documentation.
                        .
                        If a defence is filed by you then if the claim is discontinued the claimant has to seek permission from the court before they can reissue it. If the defence filed is comprehensive and covers all the regulatory breaches, assignment etc (ie doesn’t just plead, for example, statute barred), then permission is unlikely to be granted.

                        If no defence is filed and the claimant discontinues then the claim can be reissued without requiring the courts permission once they have strengthened their case with reconstituted documentation.


                        If they do not consent to the amended defence then as PT says there may be a court fee for the application should one be needed. You may be eligible for fee remission but if not as this is a £5k claim the risk of paying the court fee needs to be put in perspective. If the claimant consents, as they should, given their failure to agree the extension of time for the filing of the defence, then I would suggest you simply sign the consent order and return it to the claimant for them to file and pay the court fee.

                        Comment


                        • #27
                          Re: Court claim from PRA Group Ltd UK

                          So sorry, I'm totally lost know. Don't understand what to do. I was advised not to ask for extension as this would give them less time to reconstitute paperwork. Can someone explain this to me in simple terms please.

                          Comment


                          • #28
                            Re: Court claim from PRA Group Ltd UK

                            The CPR 31.14 was taken out of the letter under the advise I was given. So I'm not sure how to proceed.

                            Comment


                            • #29
                              Re: Court claim from PRA Group Ltd UK

                              Originally posted by Elaineg View Post
                              So sorry, I'm totally lost know. Don't understand what to do. I was advised not to ask for extension as this would give them less time to reconstitute paperwork. Can someone explain this to me in simple terms please.
                              Changes brought about via case Law allow a creditor/debt purchaser to compile a " reconstituted " agreement which does not need to have any signatures, but must have the following constituents.

                              Your and the original creditors name and address as they were when the account was opened.
                              The terms and conditions relevant when the account was opened and those relevant when the account was closed.

                              Any other documents mentioned in the T's & C's.

                              A Current statement of the account signed by the creditor/debt purchaser. i.e. the current amount outstanding not historical statements.

                              As@ pt2537 you are able to ask for an extension if you want to do so, and there is no reason not to.

                              nem

                              Comment


                              • #30
                                Re: Court claim from PRA Group Ltd UK

                                Who do I ask for extension? The court or PR Group, if they are going to take 6-8 weeks to get original documents,I won't be able to file defence until then anyway. If I ask PR Group for extension and they agree, I still won't have everything I need. What do I do. I'm sorry im confused

                                Comment

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