PRAC Financial vs DAVEYS31 - letter received and confused, urgent help please

[Daveys31]

Morning guys,

I have just received this from the courts, can someone advise what it means? Does it mean the other side has won?
I have filed my defence as per the threads on here and received a credit agreement from the claimant however this wast dated so I have challenged again with them. I obviously don't want a default registered against me so any help would be appreciated.

ThanksÂ*

[Amethyst]

On the contrary, it means the court has order the Claimant (PRAC ) file and serve new particulars of claim that are compliant with the CPR before the 21st of February or their claim gets struck out ( ie. if they don't, you win )

He must have read your defence and agreed that PRAC's original claim wasn't quite up to scratch ( you put a bit in your defence about their claim being lacking under CPR 16 - you can read that here - > https://www.justice.gov.uk/courts/pr...es/part16#16.4 )

[Daveys31]

On the contrary, it means the court has order the Claimant (PRAC ) file and serve new particulars of claim that are compliant with the CPR before the 21st of February or their claim gets struck out ( ie. if they don't, you win )

Thank you Amethyst

[Amethyst]

My pleasure FIngers crossed they don't bother.... however if they do, post back on here with what they send as you might then need to amend your defence.

How much approx is the claim for?

I will state that this could be an old debt as after my father passed away I was a little reckless however things have now changed, I have a family, great job and monitor my credit monthly via Equifax, Experian and Noddle and in May 2018 all my defaults will of gone so should this prove to be correct then I have no issue paying it. The reason for my defence is that on my credit report I had links to other people across the UK which I had to get removed and these took a while to finally prove it wasn't myself so don't want to pay for something that potentially isn't mine.

Did you include that in your defence at all ?

I'm sorry we missed your previous post just before Christmas, sounds like you've done fine anyway

[Daveys31]

OK so we have 2 claims - both from the same organisation against both me and my wife going back years, the total of these is close to £800.

The first claim I attached the letter (this thread) for we received a copy of the alleged agreement and this wasn't dated by either party so I have challenged this back and spoken with them. If evidence arrives I am more than happy to pay it.

The second claim again we received exactly the same letter yesterday but a week ago I accepted the credit agreement sent and agreed to pay it so unsure if PRAC will send that to the court, I hadn't as yet withdrawn our defence for it. Do I just stick to the original agreement made last week and pay it off?

[Amethyst]

The second claim again we received exactly the same letter yesterday but a week ago I accepted the credit agreement sent and agreed to pay it so unsure if PRAC will send that to the court, I hadn't as yet withdrawn our defence for it. Do I just stick to the original agreement made last week and pay it off?

Is your arrangement with them to pay it in full or by installment ? Confirmation of that arrangement in writing?

[Daveys31]

I agreed to pay by installments and have just received confirmation from the claimant today.

[Amethyst]

Okay, in writing ?, have they confirmed the claim will be discontinued / withdrawn or the court informed that it has been paid ?

[Diana M]

The second claim again we received exactly the same letter yesterday but a week ago I accepted the credit agreement sent and agreed to pay it so unsure if PRAC will send that to the court, I hadn't as yet withdrawn our defence for it. Do I just stick to the original agreement made last week and pay it off?

Did you agree to withdraw your Defence and/or was that a condition of the proposed 'agreement' to settle this matter?

Were your negotiations conducted Without Prejudice (for both claims)?

Do be careful.

Di

[Daveys31]

A condition was that my defence was withdrawn but this hasn't been done yet and I agreed it verbally, I have had a letter from them today saying they accept the proposed offer. They also said they would write to the court and discontinue with the proceedings.

So as I have the letter confirming acceptance do I continue with this and withdraw my defence? OR
Should I await and see what the court says to the letter attached to this thread?
Â*

[Daveys31]

A condition was that my defence was withdrawn but this hasn't been done yet and I agreed it verbally, I have had a letter from them today saying they accept the proposed offer. They also said they would write to the court and discontinue with the proceedings.

So as I have the letter confirming acceptance do I continue with this and withdraw my defence? OR
Should I await and see what the court says to the letter attached to this thread?
Â*

Diana MÂ*AmethystÂ*Any tips please?

[Amethyst]

I don't think you need withdraw your defence, withdrawing your defence would be tantamount to an admission.... they have written to you with confirmation that they will discontinue the claim on what basis , after you have made the payment ? Does that letter mention your withdrawing the defence ?

I have had a letter from them today saying they accept the proposed offer. They also said they would write to the court and discontinue with the proceedings.

[Daveys31]

AmethystÂ*No its a letter which I can attach if you wish which is titled acceptance of installment offer with just an amount and how to pay. Shall I just wait and see what happens with the court documents?

[Diana M]

A condition was that my defence was withdrawn but this hasn't been done yet and I agreed it verbally, I have had a letter from them today saying they accept the proposed offer. They also said they would write to the court and discontinue with the proceedings.

You need to consider all the facts.

According to your first post on this thread the court has ordered that their claim be struck out on 21st February if they don't file an amended Particulars of Claim.

If you withdraw your Defence and the Claimant discontinues their claim then they can issue a new claim without permission of the court.

If your 'offer' is based on instalments you need to establish whether the debt owner might reissue the claim (with better POC) if you fail to keep up with the instalments.

I can't suggest your next steps but I did say be careful.

Di

[Amethyst]

AmethystÂ*No its a letter which I can attach if you wish which is titled acceptance of installment offer with just an amount and how to pay. Shall I just wait and see what happens with the court documents?

it might be an idea to post up the letter if you can xxx

Â*