PRA Group (UK) Limited vs Makovere

[Makovere]

"The Claimant claims the sum of £5741.52 for an outstanding debt owed. On 05/08/2010 the Defendant entered into an agreement with LLloyds TSB Bank Plc for a Credit Card under reference 543429xxxxxxxx. On 12/06/2012 the Defendant defaulted on the agreement with an outstanding balance of £5936.52. On 24/06/2014 the debt of £5936.52 was assigned to Aktiv Kapital Portfolio AS, Oslo, ZUG Branch, who itself assigned the debt to PRA Group (UK) LTD on 31/12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of £75.00 were received up to 13/08/2015 and adjustments have been applied in the sum of £10.00. AND THE CLAIMANT CLAIMS 1. The sum of 5741.52"

The above are the particulars of the claim. I can see the name of the bank there LLoyds TSB Bank Plc was spelled wrong. Does that matter at all? The claim is dated 14th August 2018. The day of Service is taken as 5 days after issue date (14/08/18). On the 31st of August I went to the www.moneyclaim.gov.uk and filled in a 1: ACKNOWLEDGE THE CLAIM, I also 2: Send A CCA REQUEST to the CLAIMANT and 3: Send a CPR request to the CLAIMANT'S SOLICITORS
I am waiting for the responses from the Claimant and his solicitors. I was unwise because I did not keep any letters.

I really appreciate any help to prefer a possible defense.

[MIKE770]

First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence

did you read up these stages?

[Makovere]

Many thanks for your reply which I value greatly I did the following:

1. Acknowledged the claim online.
2. I sent a CCA Request to PRA Group
3. I sent a CPR request to the Solicitor
4.. Then I opened this thread.

I have not prepared a defense yet. Thanks for the defense template.

[Makovere]

While reading through the defense template, I have just realised I did not include the £1 fee sent to PRA Group. I sent the CCA on the 31st of August. I also Acknowledged the claim on the same day. The acknowldgement was within the stipulated 14 days of service. Can I send the £1. fee seperately to PRA Group? It is now outside the 14 days of service but since there is an extension to 28 days after acknowldegement, will this work against me? Many thanks.

[Amethyst]

14th August - so defence is due 16th Sept ( so would be okay at outside to file on 17th ) - did your letter say that the £1 was enclosed and you just forgot to enclose it? You could just send the £1 postal order now and inform them it is to go with your CCA request that they acknowledged receipt of on xx date.

Your CPR request asked for copies of the notice of assignment mentioned in the particulars ? Did you ask for the default notice too ( as it's not mentioned but the fact the account defaulted is ) ?

I would also send a SAR off to Lloyds directly to get your information held as it might come in useful further down the line.

Any idea how you applied for the card originally ? online / at the branch etc?

[Makovere]

Many thanks. I will send the SAR to LLoyds. I did mention the Default Notice in the CRA. I will now send the £1.00 Postal Order Separately. I really appreciate your help!

[Amethyst]

No probs, and remember even if you get nothing at all back from anyone, you will still need to file your defence on time else you risk a default judgment. Sounds like you were thinking about preparing it anyway as that's how you noticed you'd forgot the £1 lol, so I'm just making extra doubly sure

[Makovere]

Yes, I have started preparing the defense! I have posted the £1.00 postal orders and the SAR to Lloyds Bank. Thanks once again!

[Makovere]

I received a letter from PRA Group returning my Postal Order. The letter read in part," As a gesture of goodwill to our customers PRA GROUP UK LTD do not charge £1.00 statutory fee to carry out this request. I am therefore returning this payment to you. You will be provided with an update as soon as possible". The letter is dated 7th September 2018.

I haven't received any other documents from them. Today is 12 September 2018. I sent them the CCA and the CPR on the 31st of August. I understand I have until 16th To file my defense. Should I keep waiting? Do they have statutory time to reply so I can have ample time to prepare my defense? Thanks for your advice!

[BurntR]

Response delivered via Recorded Delivery and signed for by PRA Group on 10-09-2018.

Now awaiting response.

[Makovere]

Since I sent the CCA and CPR on the 31st of August 2018, I have not received documents I requested from the PRA Group and their solicitors. Is there need to contact them or can just submit my defense? Should I send my defense as recorded? Or is there a way to submit it electronically. Anyone, please help!!

[MIKE770]

submit defence just before deadline stating that on such a date a request for???? made request outstanding for each item if outstanding at that time, do not send too easrly or they may supply and your defence be useless through MCOL on line

[Amethyst]

Example for the defence as a start point Example Defence

[Makovere]

Please advise. Below is the defense I will submit today or by tomorrow (16th September 2018). will submit it on Money Claim Online website. I waited for the Claimant to send me documents requested but nothing has been received to date.

1. I received the claim XXXXXXXX from the Northampton County Court
on 18th August 2018
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 Defendant denies that he s indebted to the Claimant whether
as alleged at all.
5. The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.
6. The Claimants statement of case states that the account was
assigned from Lloyds TSB Bank Plc to Aktiv Kapital Portfolio AS on
24/06/2014. The Defendant does not recall receiving notice of this
assignment.
7. It is denied that Lloyds TSB 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.
8. On the 31st August 2018 I sent a request for inspection of
documents mentioned in the claimant’s statement of case under
Civil Procedure Rule 31.14 to Claimant’s Solicitor. I requested
the Claimant provide copies of the Agreement, Default Notice and
Notice of Assignment.
9. At the time of submitting this defence, the Claimant’s
Solicitor has not sent any of these documents to me.
On the 31st August 2018 I sent a formal request for a copy of the
original agreement to Claimant pursuant to section 77 or 78 of the
Consumer Credit Act 1974. I sent the statutory £1 fee which the
Claimant returned to me as a gesture of goodwill on the 7th of
September 2018.
11. The Claimant has failed to comply with s77 (1) / s 78 (1)
Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6)
Consumer Credit Act 1974 cannot enforce the agreement.
12. 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.
13. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.
In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence and
would ask that the Claimants bear the costs of the amendment.
15. It is denied that the Claimant is entitled to the relief as
claimed or at all.

[Amethyst]

As it is a credit card claim you can take out the references to s.77 of the CCA - just leave the s.78 parts, otherwise yes, it's completely fine, bog standard 'they haven't given me any info' defence really... I might mention that there should be two notices of assignment actually

was assigned to Aktiv Kapital Portfolio AS, Oslo, ZUG Branch, who itself assigned the debt to PRA Group (UK) LTD on 31/12/2014

so you want to add after this paragraph

6. The Claimants statement of case states that the account was
assigned from Lloyds TSB Bank Plc to Aktiv Kapital Portfolio AS on
24/06/2014. The Defendant does not recall receiving notice of this
assignment.

for assignment from Aktiv to PRA in there as well


so next step, submit the defence and see if the Claimant decides to continue within the next month or so or if the claim gets put on hold.

While you wait the SAR should come back from Lloyds and you should get a decent idea whether this is something you might have to look at settling or whether you'll be able to continue to defend successfully.