PRA Group claim

[Pragroup123]

Hi, I am being chased by PRA Group for a credit card debt. I sent off all the forms asking for documents to be provided and heard nothing. I advised the court of this as they were suggesting mediation but agreed it wouldn’t be suitable as I didn’t have the required info. The case was then sent to my local court via the small claims track. PRA Group were told to provide a defence, presumably because they hadn’t provided anything I asked for and this has just arrived. I’m not really sure what I’m looking at though as they have provided lots of statements that I didn’t request and almost 200 pages to go through.

There is a couple of forms at the beginning which outline the case, however, I’m referred to as a ‘she’ and I’m a ‘he’ (I don’t know if this matters). The other details are correct. This form basically tells the court what the documents are that have been submitted and acts as a glossary.

There is a credit agreement with all the terms. It has a letter on the front from my original creditor which suggests a copy of the CCA was sent when I originally requested it, making it look like I’m dragging this out unnecessarily but I didn’t receive anything at the time. This is over a year ago. There is another letter with it which suggests the creditor sent the documents to PRA Group last year and not directly to me, so it appears they didn’t send this on to me.

They have provided what they call a reconstituted credit agreement with basic terms and conditions and my name, but no date, signature or credit limit details (I don’t know if this is supposed to be part of it).

There are years worth of statements that I didn’t request, a copy of the default notice which is a photocopy. There is also a photocopy of the letter advising it was being transferred to PRA Group, a letter to confirm they have bought the debt, a broken agreement letter and a ‘before court’ letter (all photocopies of originals).

Could anyone advise what I do now as I presume they’ve sent the same to the court. Their first letter says they do not want to have a representative attend court because they have provided evidence of everything and it would prejudice their case if they weren’t allowed to just rely on the evidence submitted. They end it with asking for the court to grant judgement for the debt with costs and without the need of a hearing.

I’m out of my depth now as I don’t know what the process is, if I will automatically get a CCJ now, if the documents sent are correct, if it matters that they called me ‘she’ or whether there is anything else I can do to avoid a CCJ. This is something I’d like to avoid if possible.

Thank you

[echat11]

Hi PRAGROUP123

Welcome to LB

Try to stay calm.

Can you fill in the following without personal details:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

When was the account opened?

Although they want a Hearing / Judgement just on the 'their papers', without representatives, I doubt if the Court will oblige.

You only get a CCJ, after the following. They make a claim against you, you Defend the claim, maybe Mediation, then Witness Statements, then Hearing and Judgement. If the Judgement goes against you and you ignore it, then they have to apply for a CCJ, but even then you can engage with the process.

Once you fill in the above, I can take further look at your post.

[Pragroup123]

echat11 Thank you

Received a claim? Yes/No: Yes
Issue Date: Feb 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £2000
Claimant’s Name: PRA Group
Solicitors Firm: PRA Group
Original Creditor: Barclays Bank
Original Debt : Credit Card
Particulars of Claim: The claimant claims the sum of xxxx for an outstanding debt owed. On 02/06/2017 the defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference xxxxx. On 07/01/2022 the defendant defaulted on the agreement with an outstanding balance of xxxxxx. On 20/01/2022 the debt of xxxxx 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 xxx were received up until 01/10/2022 AND the claimant claims 1. The sum of xxxx.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred as was making payments until October 2022 but my circumstances changed and I couldn’t afford to keep it up.
List any letters you have sent (eg: CCA/ CPR ): SAR CCA

Any Other Information or Background Details:

The interest rate was varied 4/5 times and a reconstituted CCA (without dates, signatures of any credit limit details) were sent for the rate when the account was opened and the final rate before default.

When was the account opened? Opened 2017

[echat11]

The reconstructed agreement should have a Date when the account was opened, a Credit Limit, I guess they are relying on the statements to regards opening date and credit limit. Does the first statement show when the account was opened?

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

https://lawzone.legal/when-is-a-cred...20Credit%20Act.

I think you'll have to wait for the Court to update you, you could ring them to see if anything has been sent. Then update the thread.

[Pragroup123]

echat11 No, the statement doesn’t give the date the account was opened but does give the statement date and credit limit.

Can I ask, does it make any difference that they referred to me as ‘she’ in the letter they’ve sent to court? I’m guessing not.

Would it be worth advising court somehow that although they have provided the documents with a letter showing Barclays sent this to them last year, I didn’t receive that. I didn’t want them to think I’d refused mediation or dragged this on for no reason.

Also, would it benefit my case to provide an income and expenditure to try and negotiate a payment plan? I would also rather sort this without having to attend court as that in itself panics me. I will do this if I have to or if there’s a benefit to that.

Thank you for your help.

[echat11]

a) No, the statement doesn’t give the date the account was opened but does give the statement date and credit limit.

So the first statement doesn't have the following date? 02/06/2017 Just statements after that date.

b) Can I ask, does it make any difference that they referred to me as ‘she’ in the letter they’ve sent to court? I’m guessing not.

Only in so far as, it's not professional, they probably used a template where the previous person was a 'she'.

c) Would it be worth advising court somehow that although they have provided the documents with a letter showing Barclays sent this to them last year, I didn’t receive that. I didn’t want them to think I’d refused mediation or dragged this on for no reason.

I'd put that in your Witness Statement.

d) Also, would it benefit my case to provide an income and expenditure to try and negotiate a payment plan? I would also rather sort this without having to attend court as that in itself panics me. I will do this if I have to or if there’s a benefit to that.

You beat me to it, I was going to suggest that earlier.

Any offers you send, must be marked Without Prejudice, make sure you get Proof of Postage. They can't use your letters / offers in court against you.

Fill in an I & E, make sure you take into account the Cost of Living, food, energy etc. Give yourself a 'buffer' as things are still going up.

This isn't a priority debt. A Court will only ask you to pay what you can afford, so if that's £1 a month, so be it

https://nedcab.cabmoney.org.uk/

[Pragroup123]

echat11 Thank you, I will get on with doing the income and expenditure. Would you just send it to PRA Group or the court as well?

The first statement just had the statement date on, which was about 3 weeks after they said I opened the account. It doesn’t mention the date I signed the agreement.

With regards to the witness statement, will I be asked to provide this? I just wanted to understand whether I have to write this now or if I wait for them to request it?

[echat11]

a) Thank you, I will get on with doing the income and expenditure. Would you just send it to PRA Group or the court as well?

Only to PRA Group, after the Hearing, you can show the Court that you tried to settle the matter, but PRA Group weren't interested.

b) The first statement just had the statement date on, which was about 3 weeks after they said I opened the account. It doesn’t mention the date I signed the agreement.

That will go into your Witness Statement, they should provide that date on the documents / evidence that have provided.

c) With regards to the witness statement, will I be asked to provide this? I just wanted to understand whether I have to write this now or if I wait for them to request it?

You normally send this to the Court and their solicitors 14 days before the Hearing, but the Court will instruct you to do this in an Court Order.

Here's a Witness Statement - https://legalbeagles.info/forums/for...ess-statement/

You can start working on it.

[Pragroup123]

echat11 Thank you so much for your help. I will get on with the witness statement and income/expenditure. I’ll update when I get any further communications.