PRA Group County Court Claim Original Lloyds Bank Credit Card 2002

[JohnWall77]

Hello thank you for this site it has calmed me down a little reading the previous threads but still very unclear on what to do.

I have sent letters to PRA Group reuqesting a copy of credit agreement and also the other template letter for the default notice and assignment.

I need to submit my defence within the next 2 days but not sure on what I need to do as I have not had a response and dont think I will get in time.

Original credit was with Lloyds bank enetered into in 2002.

Claim states in 2014 defendant defaulted and debt was assigned to PRA Dec 2020.

I really am now lost on wether I submit a defence defending all of claim or part of or wether I wait for their response.

Any help will be greatly appreciated thank you in advance!

[MIKE770]

Juust state on such a date a request for CCA1974 was made no response received,

CPR31.14 you mean for items (only) mentioned in the court form at this stage i.e. you state assignment etc then state same on such a date - no response to request.

such old CCA then they have problems no doubt?? as a certified true copy with all the necessary info within. but time will tell, they will have to produce later in case if they have not done so by court timetable, or withdraw before losing their deposit?

also some storage facility (iron mountain fire) may be relevant here?

[MIKE770]

submit a defence defending all of claim or part of -????? - wow just a minute clarification? when you acknowledged claim did you tick defend all???

Subject Access Request Letter to lloyds (no charge 30 days to respond) it may contain info for later in case? no charge but get proof posting keep all paperwork date order on file.

[JohnWall77]

Juust state on such a date a request for CCA1974 was made no response received,

CPR31.14 you mean for items (only) mentioned in the court form at this stage i.e. you state assignment etc

So do you mean I submit my defence and state awaiting information.
Yes the claim form has on it a credit agreement enetred
Defendant defauilted on agreement and debt was assigned to PRA Notices of assignement were sent it states.

[MIKE770]

Example Defence

[ostell]

If no payments made since assigned then it woould be statute barred

[JohnWall77]

submit a defence defending all of claim or part of -????? - wow just a minute clarification? when you acknowledged claim did you tick defend all???

Subject Access Request Letter to lloyds (no charge 30 days to respond) it may contain info for later in case? no charge but get proof posting keep all paperwork date order on file.

Hi thanks I put all of this claim

[JohnWall77]

If no payments made since assigned then it woould be statute barred

I can see my final payment was to a debt management company in August 2016

[Celestine]

Disregard Limitation Act (unless you're in Scotland) as the account wont be time barred till August this year - the court claim has stopped the clock for now.

[JohnWall77]

Disregard Limitation Act (unless you're in Scotland) as the account wont be time barred till August this year - the court claim has stopped the clock for now.

thanks for the info, I will submit the defence and see if I get the informatin requested thanks

[JohnWall77]

Hi i am doign this online and it has asked me to type the defence do i just amend the example defence template and copy notes 1 to 18 and paste into the defence box or is it better to send in the post. Thank you!

[JohnWall77]

Realy sorry for all the posts - this is my defence is this ok to post thanks you so much for you help


1.The Defendant received the claim ******* from the Northampton County Court Business Centre on ** January 2022.



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 Claimant’s Particulars of Claim states the agreement was entered into on **/**/2002.



6.The Claimants statement of case states that the account was assigned from Lloyds plc to PRA Group (UK) Ltd on ** ******* 2020. The Defendant does not recall receiving notice of this assignment.



7. It is denied that Lloyds Bank Plc 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.



8. On the *** January 2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA GROUP (UK) LIMITED I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment



9. PRA GROUP (UK) LIMITED has not sent any of these documents to the Defendant.



10.On the ****January 2022 The Defendant sent a formal request for a copy of the original agreement to PRA GROUP (UK) LIMITED pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.



11.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.



12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded to the request.



13.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.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.



15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.



16.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.

[Celestine]

Did you ask for a defence extension under CPR15.5? If not, delete 12.
Otherwise all looks ok

[JohnWall77]

Did you ask for a defence extension under CPR15.5? If not, delete 12.
Otherwise all looks ok

thank you for the advice do I just copy it into the defence box online

[Celestine]

Yes that is easiest and I think it fits the word count limit