PRA Group and CCJ's

[shabisheek]

Re: PRA Group and CCJ's

Hi. Just thought I'd give you an update. I sent the section 77-79 request to PRA group recorded delivery on the 10th of March and had a response from them dated the 14th of March confirming that they have requested the required information. As a gesture of goodwill, they also returned my £1 postal order. They also enclosed an information sheet stating that if after 12 working days I dont receive the requested information then the debt is classed as unenforceable until I get the information I asked for. I understand that this means that the debt is not wiped out however PRA Group cannot secure a CCJ against me. IF the letter was dated the 14th of March, I should be in receipt of the requested information this week. Do I need to do anything in the meantime? I acknowledged the claim online and have stated that I intend to defend the claim. Just a bit concerned that the clock is still ticking and dont want to just leave things. Thanks again for all your help!!!

[Diana M]

Re: PRA Group and CCJ's

IF the letter was dated the 14th of March, I should be in receipt of the requested information this week. Do I need to do anything in the meantime? I acknowledged the claim online and have stated that I intend to defend the claim. Just a bit concerned that the clock is still ticking and dont want to just leave things.

Eeeek! I've just read back through your thread and can see that your Defence deadline is 4 pm today if the claim Issue Date was 21st February as per your earlier post #3.

You need to file this online or by email before midnight or you'll risk a Default Judgment against you.

What appears to have happened is that you've been lulled into a false sense of security by PRA's letter which said the debt was unenforceable in court until they comply with your CCA Request.

But you still have to file your Defence by the court deadline all the same.

Tag someone to help you urgently such as @Amethyst

Di

[charitynjw]

Re: PRA Group and CCJ's

If the claim Issue Date is 21st February you have 19 days from that date to file your AOS and 33 days from that date (claim Issue Date) to file your Defence.

Per @Diana M

Edit

X-posts..........good afternoon, Di

[Diana M]

Re: PRA Group and CCJ's

Per @Diana M

Edit

X-posts..........good afternoon, Di

Good Afternoon Charity.

I've sent you a PM

Di

[charitynjw]

Re: PRA Group and CCJ's

Good Afternoon Charity.

I've sent you a PM

Di

Thanks, Di

@shabisheek

Take a look at the templated defence (in green box, top of this thread)......also via http://legalbeagles.info/forums/show...t-Court-Claims

Tweak to suit your particular case.
If you prefer, you could post your draft here for comment before submitting it, but don't miss the deadline.

[Diana M]

Re: PRA Group and CCJ's

but don't miss the deadline.

. . . which expired 1 hour 50 minutes ago.

If you can file it before midnight that should prevent the Claimant from getting a Default Judgment.

Di (aka Cinderella)

[shabisheek]

Re: PRA Group and CCJ's

Oh no! I'd better get this sorted then and quick!!!

Thanks for the heads up. It certainly seems as if I've been lulled into a flase sense of security by PRA correspondence.

I'll upload a draft on here before I send.

Thanks Di.

[shabisheek]

Re: PRA Group and CCJ's

Hi. Thanks for the advice. I will do a draft defence and post it on here for your feedback before I send.

The claim came from Northampton Court. Where can I find the email I need to send it to?

[charitynjw]

Re: PRA Group and CCJ's

ccbcaq@hmcts.gsi.gov.uk

[shabisheek]

Re: PRA Group and CCJ's

Copy of my draft defence as follows:

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: xxxxxxxx

BETWEEN
PRA GROUP (UK) LIMITED
CLAIMANT
-and-
xxxxxx xxxxxx
DEFENDANT
…………………………………………………………………………………………………………………………………… ………………....
Defence
…………………………………………………………………………………………………………………………………… ………………….

1: I received the claim xxxxxxxxx from the Northampton County Court on 24 Feb 2017.

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 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 Aktiv Kapital Portfolio AS, Oslo, Zug Branch to PRA Group (UK) on 31/12/14. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Aktiv Kapital Portfolio AS, Oslo, Zug Branch 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 10^th of March 2017 the I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to The PRA Group (UK) Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. PRA Group (UK) Limited has not sent any of these documents to me.

9. On the 10^th of March 2017 I sent a formal request for a copy of the original agreement to PRA Group (UK) Limited pursuant to section 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 - s 79 Consumer Credit Act 1974 and by virtue of s77 – s79 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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 …………………………………………

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


Your urgent feedback as always is appreciated.

Shabisheek


-----------------------------------------------------------------------------------------------

[charitynjw]

Re: PRA Group and CCJ's

Copy of my draft defence as follows:

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: xxxxxxxx

BETWEEN
PRA GROUP (UK) LIMITED
CLAIMANT
-and-
xxxxxx xxxxxx
DEFENDANT
…………………………………………………………………………………………………………………………………… ………………....
Defence
…………………………………………………………………………………………………………………………………… ………………….

1: I received the claim xxxxxxxxx from the Northampton County Court on 24 Feb 2017.

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 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 Aktiv Kapital Portfolio AS, Oslo, Zug Branch, then to PRA Group (UK) on 31/12/14. The Defendant does not recall receiving notices of these assignments, or any other relevant notices of assignment.

6. It is denied that a 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 10^th of March 2017 the I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to The PRA Group (UK) Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notices of Assignment.

8. PRA Group (UK) Limited has not sent any of these documents to me.

9. On the 10^th of March 2017 I sent a formal request for a copy of the original agreement to PRA Group (UK) Limited pursuant to section 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 - s 79 Consumer Credit Act 1974 and by virtue of s77 – s79 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). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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 …………………………………………

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


Your urgent feedback as always is appreciated.

Shabisheek


-----------------------------------------------------------------------------------------------

Some suggestions in red.
Just checking back through the thread.

[charitynjw]

Re: PRA Group and CCJ's

It would appear that para #11 isn't correct.
I can't see anywhere on the thread that an extension was agreed.

[shabisheek]

Re: PRA Group and CCJ's

Hi Charity,

Many thanks for your feedback. All your help is so much appreciated.

Kindest Regards,
Shabisheek

[shabisheek]

Re: PRA Group and CCJ's

I was not sure what to put here. In the letter I sent: Request for documents mentioned in a statement of case under CPR 31.14 there is a paragraph that states:

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. 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.

I received a response letter from PRA Group however there was no mention of them confirming an agreement to an extension of time.They just simply acknowledged my correspondence, gave me my £1 postal order back as a gesture of goodwill and said that they would contact me to provide an update as soon as possible but if I had any questions to contact them on 0800 xxx xxx where an agent would be able to assist me.

I have so far received no further correspondence.

[charitynjw]

Re: PRA Group and CCJ's

In which case I'd go for
"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 declined."