PRA Group (UK) ltd vs CBDUR79

[cbdur79]

"The Claimant claims the sum of £2748.86 for an outstanding debt owed. On 18/04/2008 the Defendant entered into an agreement with Lloyds Banking Group for a Credit Card under reference xxx etc.

On 28/05/2012 the Defendant defaulted on the agreement with an outstanding balance of £3298.86.

On 24/11/2015 the debt of £3298.86 was assigned to PRA Group (UK) Ltd.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of £325.00 were received up to 03/10/2017 and adjustments have been applied in the sum of £225.00. AND THE CLAIMANT CLAIMS 1. The sum of £2748.86"

As always, any help much appreciated.

Action taken so far;

Received claim form yesterday, acknowledged this morning after reading first steps.

Also, done my CCA letter which I will post off today.

I am unable to do CPR 31.14 Request as there are no solicitors details on the said claim form- what am I to do about that?

Background;

I defaulted due to an injury, no excuses. I contacted Lloyds TSB (as it was then) to remind them I defaulted when I spotted it on credit file. We agreed a payment plan. They then sold it to PRA Group without me knowing

I did set up a repayment plan by standing order. Having checked that not a live one, cant remember cancelling it. I moved last July, and haven't had any correspondence from them, other than this letter. Not even the one they send 30 days before.

I will follow the after steps, but the main question again, I am unable to do CPR 31.14 Request as there are no solicitors details on the said claim form- what am I to do about that?

Thanks in advance

[Amethyst]

The CPR request can go to the Claimant if they are acting for themselves.

The CPR request can ask for;

agreement
notices of assignment
default notice

"The Claimant claims the sum of £2748.86 for an outstanding debt owed. On 18/04/2008 the Defendant entered into an agreement with Lloyds Banking Group for a Credit Card under reference xxx etc.

On 28/05/2012 the Defendant defaulted on the agreement with an outstanding balance of £3298.86.

On 24/11/2015 the debt of £3298.86 was assigned to PRA Group (UK) Ltd.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of £325.00 were received up to 03/10/2017 and adjustments have been applied in the sum of £225.00. AND THE CLAIMANT CLAIMS 1. The sum of £2748.86"

They haven't really mentioned default notice or pleaded one was sent, but still include it on the CPR letter - just be aware that in the extremely unlikely event you decide to apply for compliance with the letter you couldn't get the default notice included in the order.


So you were paying Lloyds directly after the account defaulted.
Then it was sold - but your payments continued to Lloyds for a time as you weren't informed. When did you find out they had sold it to PRA - and when did you change your payments over to PRA ? Had Lloyds been passing on your payments in between times?
Do you know what the £225 adjustments are ?

[cbdur79]

Many thanks, will do the CPR request letter now to them as well and include what you have kindly advised.

To answer your questions, I can't 100% remember but set up repayment with Lloyds (TSB) then had a call from PRA saying pay us along with letters at the time of my old address, I then set up a standing order with them. As far as I am aware, no payments went between them.

I actually still bank with Lloyds and went to them when I noticed this on my credit file back in 2014 and said mistake etc let me pay which was welcomed.

I do not know what the £225 is for. To be honest, I have zero paperwork anywhere.

[cbdur79]

"The Claimant claims the sum of £2748.86 for an outstanding debt owed. On 18/04/2008 the Defendant entered into an agreement with Lloyds Banking Group for a Credit Card under reference xxx etc.

On 28/05/2012 the Defendant defaulted on the agreement with an outstanding balance of £3298.86.

On 24/11/2015 the debt of £3298.86 was assigned to PRA Group (UK) Ltd.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of £325.00 were received up to 03/10/2017 and adjustments have been applied in the sum of £225.00. AND THE CLAIMANT CLAIMS 1. The sum of £2748.86"

As always, any help much appreciated.

Action taken so far;

Received claim form yesterday, acknowledged this morning after reading first steps.

Also, done my CCA letter which I will post off today.

I am unable to do CPR 31.14 Request as there are no solicitors details on the said claim form- what am I to do about that?

Background;

I defaulted due to an injury, no excuses. I contacted Lloyds TSB (as it was then) to remind them I defaulted when I spotted it on credit file. We agreed a payment plan. They then sold it to PRA Group without me knowing

I did set up a repayment plan by standing order. Having checked that not a live one, cant remember cancelling it. I moved last July, and haven't had any correspondence from them, other than this letter. Not even the one they send 30 days before.

I will follow the after steps, but the main question again, I am unable to do CPR 31.14 Request as there are no solicitors details on the said claim form- what am I to do about that?

Thanks in advance

Quick update - posted of CCA and CPR today recorded. Guess its now a waiting game. Hopefully sleep tonight.

Couldn't come at a worst time neither as my mortgage is up for renewal Dec 18. Arranged a deal on the phone Monday for 10 years fixed...just hoping it could go through before any of this hits my files.

[Amethyst]

If the worst happened and you went on to lose the case in court, so long as you acknowledged within 14 days and submit your defence within 28 from service, it wouldn't hit your credit file or the register until after the hearing - which, as you received the claim yesterday, wouldn't be until January. But that won't happen as either way, you'll be able to negotiate settlement or successfully defend, depending where the documents and facts lead us.

You already know the debt isn't statute barred due to the payments you were making until Oct 17, so your defence is reliant in essence on the documents being provided, particularly the agreement. As the credit card was opened in 2008 it is going to be quite likely they do appear, so prepare for needing to negotiate settlement or installments under a consent order to stop any CCJ being awarded. It doesn't sound like there were specific issues with the card, it simply became one of those debts which took less priority when life took an unexpected turn and finances got tight for a while.

As well as the CCA and CPR requests - I think get a SAR off to Lloyds as well - you never know if it will show up anything useful you could use later Subject Access Request Letter

[cbdur79]

If the worst happened and you went on to lose the case in court, so long as you acknowledged within 14 days and submit your defence within 28 from service, it wouldn't hit your credit file or the register until after the hearing - which, as you received the claim yesterday, wouldn't be until January. But that won't happen as either way, you'll be able to negotiate settlement or successfully defend, depending where the documents and facts lead us.

You already know the debt isn't statute barred due to the payments you were making until Oct 17, so your defence is reliant in essence on the documents being provided, particularly the agreement. As the credit card was opened in 2008 it is going to be quite likely they do appear, so prepare for needing to negotiate settlement or installments under a consent order to stop any CCJ being awarded. It doesn't sound like there were specific issues with the card, it simply became one of those debts which took less priority when life took an unexpected turn and finances got tight for a while.

As well as the CCA and CPR requests - I think get a SAR off to Lloyds as well - you never know if it will show up anything useful you could use later Subject Access Request Letter

Thank you so much, certainly sent from up stairs to help others.

[Amethyst]

No worries xxx

[cbdur79]

I received a response from PRA Group, basically saying they are putting my account on hold pending the paperwork that they have requested.

What does this do for me?

[MIKE770]

case once court papers issued can not be put on hold and they know it, ony a court can do that , follow court instructions from now on..

[cbdur79]

case once court papers issued can not be put on hold and they know it, ony a court can do that , follow court instructions from now on..

Thanks, will keep the forum updated.

[cbdur79]

Good Afternoon all

I am about to submit my defence (due on the 25th) I have just received my Lloyds SAR letter to say they need up to 90 days.

As PRA said they need time as well, what shall I write in my defence.

Thanks in advance

[MIKE770]

well then can extend but have to give a good reason? what exactly do they say??

[Amethyst]

The example defence is based on them not sending you the relevant info by the deadline...
https://legalbeagles.info/library/gu...-court-claims/

You still need to stick to the court deadline, so add in that PRA have replied saying x .

Only if you mention you have asked LLoyds for info as well should you say they have replied saying z .... and I may be inclined to tell the ICO that they are not complying with the one month GDPR rules ( they are allowed to inform if a delay is needed but 3 months seems excessive though they are allowed 2 months extension if complex so depends if the 90 days is from receipt or when they told you )


From ICO
Can we extend the time for a response?


You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if:

• it is manifestly unfounded or excessive;
• an exemption applies; or
• you are requesting proof of identity before considering the request.

[cbdur79]

well then can extend but have to give a good reason? what exactly do they say??

Apologies of the late reply

Lloyds - Basically that they have up to 90 days to get me this information.

PRA said they have sent off for the information from

Thanks

[cbdur79]

The example defence is based on them not sending you the relevant info by the deadline...
https://legalbeagles.info/library/gu...-court-claims/

You still need to stick to the court deadline, so add in that PRA have replied saying x .

Only if you mention you have asked LLoyds for info as well should you say they have replied saying z .... and I may be inclined to tell the ICO that they are not complying with the one month GDPR rules ( they are allowed to inform if a delay is needed but 3 months seems excessive though they are allowed 2 months extension if complex so depends if the 90 days is from receipt or when they told you )


From ICO
Can we extend the time for a response?


You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if:

• it is manifestly unfounded or excessive;
• an exemption applies; or
• you are requesting proof of identity before considering the request.

Many thanks, again