Court claim with PRA

[Diana M]

Re: Court claim with PRA

Do do I still need upload copy of claim?

I think it would be wiser to just type out the information in 'Particulars of Claim' box removing all the bits that could identify you. Put a 'round figure' for the amount claimed.

I have a reason for saying that.

Di

[Bingbunny]

Re: Court claim with PRA

PArticulars of claim

The Claimant claims the sum of 11600 for debt and interest.
On 17/9/2004 the defendant entered into an agreement with MBNA for a Credit Card under reference xxxxxxx
On 31/10/2012 the defendant defaulted on the agreement with an outstanding balance of 8782.23.
On 21/12/2012 the debt of 8782.23 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, which itself assigned the debt to PRA Group (UK) Ltd on 31/12/14.
Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.
AND THE CLAIMANT CLAIMS
1. The sum of 8782.23
2. Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 21/12/12 to 21/12/16 2809.95 and thereafter at a daily rate of 1.92% until judgment or sooner payment

[Diana M]

Re: Court claim with PRA

Thank you

Next, can you type up what documents you asked for in your CPR 31.14 Request (what date did you send it?).

Don't worry if you suddenly think you may have missed something in your Request because there may be ways to go back and fill in the blanks.

In the Fast Track full Disclosure makes both parties disclose all documents in their possession anyway.

Ideally you'll want as much paperwork as possible before you file any Amended Defence. There are ways to force the issue if they become shy about revealing what they've got or more importantly admitting what they've not got.

Di

[Bingbunny]

Re: Court claim with PRA

I used a template I got from the internet.

xxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxx


PRA Group (UK) Ltd
Wells House
15-17 Elmfield Road
Bromley
Kent
BR1 1LT

27 December 2016


Dear Sir

Re: (PRA Group (UK) Ltd) v (xxxxxxxxxx)
CPR 31.14 Request

On 26 December 2016 I received the Claim Form in this case issued by you out of the County Court Business Centre in Nottingham. This is the first correspondence I have received from you.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2: Notice of Assignment

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.


Yours faithfully


xxxxxxxxxxxx

[Diana M]

Re: Court claim with PRA

I'm pleased to see that you used the 'C' word in Paragraph 2 where you boldly said that you will "contest" these proceedings.

So you shall

What did you get in reply to your request?

Di

[Bingbunny]

Re: Court claim with PRA

They haven't replied at all. The only letter I have received from them is the one today that says they have written to the court to say they wish to proceed with the claim

[Diana M]

Re: Court claim with PRA

They haven't replied at all. The only letter I have received from them is the one today that says they have written to the court to say they wish to proceed with the claim

And that's the letter which spooked you.

Time to turn the tables!

Di

[Bingbunny]

Re: Court claim with PRA

Thank you so much for your help so far. I have sent off the cca letter today, along with the £1 postal order and advised I wish to have this is 12 days, is there anything I need to be doing in the meantime while I await a response.

[Diana M]

Re: Court claim with PRA

is there anything I need to be doing in the meantime while I await a response.

I think you should send a Subject Access Request to MBNA (the original creditor) because that will give you the full history of the debt so you can compare any documents produced by PRA with the real deal in the MBNA Transaction Log and so on.

If you've moved addresses since you were last in touch with MBNA they may well ask you to prove you are who you say you are with a utility bill or something.

Feel free task any questions if you're not familiar with SAR stuff

Di

[Bingbunny]

Re: Court claim with PRA

I haven't been in touch with mbna since 2012 and have moved 4 times since. I'll dig out what I can find and have a look at this SAR.

[charitynjw]

Re: Court claim with PRA

http://www.legalbeagles.info/forums/...ur-information

[Bingbunny]

Re: Court claim with PRA

Hi, I have come home today and opened a letter of notice of proposed to the fast track and directions questionnaire, currently have lots of other stresses with my ex partner at the moment and wondered if at this point PRA would maybe take a settlement or will they just go all the way to get the full amount as I can't afford all of it. I have sent the cca last week recorded they should have recieved this today..

[Diana M]

Re: Court claim with PRA

I have come home today and opened a letter of notice of proposed to the fast track and directions questionnaire, currently have lots of other stresses with my ex partner at the moment and wondered if at this point PRA would maybe take a settlement or will they just go all the way to get the full amount as I can't afford all of it.

The envelope only contained a form to complete not a hand grenade

The court letter which came with it should give you a date/deadline for filing the DQ with the court. What is that date?

Di

[Bingbunny]

Re: Court claim with PRA

It felt like a grenade after the last week. The date I need to complete it by is 20th Feb

[Diana M]

Re: Court claim with PRA

It felt like a grenade after the last week.

Maybe when they opened your envelope and found a CCA Request inside it felt like a hand grenade to them too.

Touché PRA

Di