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PRA Group Claim Form - No letter before claim.

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  • PRA Group Claim Form - No letter before claim.

    I wrote this post in the welcome forum, but just realised I could put it into the court claim forum. Sorry, im new to this site.

    Hi. I have been reading through a lot of the threads regarding PRA Group. And although they are very helpful, I can't seem to find the answer i am looking for. Hoping someone can help me...
    I received a Claim form from CCBC, dated 3/4/19. I have acknowledged the claim online, and ticked the box 'intend to defend'. I have printed out all of the letters ready to send (From the templates on here), requesting more information regarding the debt.

    My issue is, I did not receive a 'Letter before Claim', or not one that i can remember? I open all letters from PRA , and they are the usual 'Please get in touch' and a lower settlement fee. But nothing has ever given me 30 days to respond. This is where i am a bit confused (or more confused) - What can i do about this? Do they HAVE to send a letter before claim? What if they haven't?

    The claim is regarding a CC Debt from Barclaycard, taken out in 2012. The total amount they are claiming is £4214.30 (that is with their added fees).
    Tags: None

  • #2
    So after sending off the letters, I have received a letter from PRA Group saying they have requested the required information (I'm assuming from Barclay Card). It also says, until they have received the information, they have placed the account on hold 'which will cease any further collections activity until further notice'.
    I acknowledged the claim through CCBC, does this letter mean they have placed that on hold too? Or will i need to put a defense within the 28 days?

    Forgot to mention: They also didn't acknowledge the letter i posted, asking them why they didn't follow pre-action protocol (for not sending the letter before action).
    Last edited by Happy.1.2.3; 14th April 2019, 09:02:AM. Reason: .

    Comment


    • #3
      you will need to put in a defence to their claim, they have issued a claim and it is not up to them to put a claim on hold.

      if they failed to follow pre action protocol and no letter before claim then what i would do is begin your defence with a heading of preliminary issues

      then point 1 state that the claimant failed to send you a letter before action thereby breaching pre action protocol rules and
      point 2, the claimant have admitted to not having any documentation in respect of this account and have therefore submitted to the court a signed statement of truth having no documentation in their possession to verify what they are claiming.

      then compile the rest of your defence

      Comment


      • #4
        I put in my defence on the 30th April, and today i have received a letter from PRA Group stating they have written to the court and intend to proceed with the claim. They have not sent me any of the information i have requested before hand, and never responded to me asking why i had no letter before action.
        I have no idea what to do now? I don't have a clue when it comes to legal stuff, i have just been reading through similar posts on here. Please help.

        Comment


        • #5
          Hoping someone may see this and offer some advice... please

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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