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

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  • #31
    Re: Court claim from PRA Group Ltd UK

    Originally posted by Elaineg View Post
    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
    PR's legal rep.

    Comment


    • #32
      Re: Court claim from PRA Group Ltd UK

      What do you mean by sign the consent order? What is that and where do I find it

      - - - Updated - - -

      I'm sorry I'm really struggling

      Comment


      • #33
        Re: Court claim from PRA Group Ltd UK

        6-8 weeks their statement if they say that they have a problem, stick to court time table, do not worry about their misleading statements, it is stated to unsettle you and get you to make a mistake, one day something serious will happen to these so called solicitors (term used loosely) when this country wakes up to fact

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        • #34
          Re: Court claim from PRA Group Ltd UK

          So do I need to ask PR Group for extension?

          Comment


          • #35
            Re: Court claim from PRA Group Ltd UK

            What do I put in letter?

            Comment


            • #36
              Re: Court claim from PRA Group Ltd UK

              Hi Elaineg

              The time extension can be offered as a courtesy gesture; it is not compulsory, so no worries.
              The Claimant is also able to ask for your agreement if they want or need it.

              https://www.justice.gov.uk/courts/pr...l/rules/part15
              Agreement extending the period for filing a defence

              15.5
              (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days. (
              (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.
              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


              • #37
                Re: Court claim from PRA Group Ltd UK

                Originally posted by Elaineg View Post
                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
                As you correctly say PRA have told you it is a minimum of 6-8 weeks before they can provide the documents.


                As such the provisions of CPR15.5 doesn't assist as both parties can only agree a maximum of 28 days between them.


                If you want to see the documents before you file a defence then I would suggest you consider making the application to the court for an extension of time for filing the defence 14 or 21 days after service of the requested documents. You will need to pay the £255 court fee unless you are eligible for fee remission in which case complete the form EX160


                The application would have to be filed at court before the deadline for filing your defence expires i.e before Monday 23 January 2017 at 4pm.


                If however you decide that you don’t want to make the application then you will need to file a defence before Monday 23 January 2017 at 4pm which will give you a protection for the reasons outlined in my earlier post.


                You may wish to consider that if you both agree a 28 day extension now and the documentation does not arrive in that time that you will have to then either make at that point an application to the court for a further extension of time or alternatively file a defence without sight of the documents

                A bit like groundhog day !

                Comment


                • #38
                  Re: Court claim from PRA Group Ltd UK

                  So in effect I would have been better off not removing that section requesting 28 day extension. Wait until near the court date and respond then saying they haven't provided me with all the information I need at no extra cost to me. I'm not in a position to pay another £255 . Is this how ordinary cases are done because I can't seem to find anyone else having this problem. Please help

                  Comment


                  • #39
                    Re: Court claim from PRA Group Ltd UK

                    Originally posted by Elaineg View Post
                    Wait until near the court date and respond then saying they haven't provided me with all the information I need
                    The thing is court proceedings are very prescriptive. Strict timescales are written into the system to add some kind of structure to the process.

                    This means deadlines must be met or either party faces a sanction for not sticking to the rules.

                    The court is in charge of the diary.

                    However if either party wants more time to deal with something required they can either get an agreement with the other side for an extension of time (where that's allowable which is not always) or make an application to the court to make a decision as to whether the deadline should be shunted on a bit.

                    In your case you and the Claimant both have the option to agree an extension to file your Defence. But that can only be for 28 extra days (that's the rule ). The Claimant has told you that they need 6 - 8 weeks to source the documents requested which could mean that an extra 28 days would not be enough.

                    What's been explained on this thread is what you would have to do in that scenario (no documents disclosed during the extra 28 days) if you were still without the paperwork, which the Claimant has predicted is likely to be the case.

                    Sadly every application to a court comes with a financial price tag. Law is a business which needs to be paid for by somebody. However if you are on benefits or low-waged etc then you may be entitled to fee remission. The point that's been made is that you have to factor your budget into any decision you make.

                    You don't have to make an immediate decision because as it stands your Defence deadline isn't until 23rd January which gives you time to consider the options which have been presented and then choose the one you are most comfortable with.

                    It's good to have a conversation about these things because that way you stay involved in your own claim. That's the difference between help and self-help.

                    Di

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                    • #40
                      Re: Court claim from PRA Group Ltd UK

                      So should I ask them for extension?

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                      • #41
                        Re: Court claim from PRA Group Ltd UK

                        If I file a defence on 23 January stating that they haven't sent me any paperwork as requested from me to be satisfied that their claim is legitimate, would this be my defence?

                        Comment


                        • #42
                          Re: Court claim from PRA Group Ltd UK

                          Thank you Mike770, I'm finding it quite difficult to understand with everybody giving advice. Should I put as my defence that they cannot provide me with documentation for me defend in the court timetable.

                          Comment


                          • #43
                            Re: Court claim from PRA Group Ltd UK

                            Originally posted by Elaineg View Post
                            Thank you Mike770, I'm finding it quite difficult to understand with everybody giving advice. Should I put as my defence that they cannot provide me with documentation for me defend in the court timetable.
                            Hello Elaine,

                            I've just seen your PM I'm just off out but I will get back to you tomorrow morning.

                            Don't worry/stress about this now!!

                            nem

                            Comment


                            • #44
                              Re: Court claim from PRA Group Ltd UK

                              Thank you so much.

                              Comment


                              • #45
                                Re: Court claim from PRA Group Ltd UK

                                Originally posted by Elaineg View Post
                                Should I put as my defence that they cannot provide me with documentation for me defend in the court timetable.
                                Originally posted by nemesis45 View Post
                                Hello Elaine,

                                I've just seen your PM I'm just off out but I will get back to you tomorrow morning.

                                nem

                                Have you resolved this by PM or would you like any more help?

                                Di

                                Comment

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