PRA Group V Laidup

[MasterCoder]

Hi I'm sorry to jump in and maybe I've missed something here but....PRA have stated in their letter on the 15th October that it is unenforceable on the opening page of their letter. Yet, they go on to say they can continue or instigate legal proceedings. Surely they aren't allowed to proceed until such a time as they have provided the information? Isn't this an abuse of process?

I'd be interested to know how something can be considered 'unenforceable' can be put into litigation through the courts without being compliant first.

[Amethyst]

1. I received the claim [Claim Number] from the Northampton County Court on 06/10/2018 .

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.The Claimant's statement of case states this claim is for an debt arising from a loan agreement regulated under the Consumer Credit Act 1974 between myself and Provident Personal Credit dated 14/02/2009 and defaulted on 07/12/2009.

4. It is admitted that I have had credit through Provident Personal Credit in the past through a Doorstep collector, however the Claimant has not provided any information as to how the sum claimed has been accrued or calculated, or indeed how much the loan was originally, what payments were due and required, and what the terms of any such agreement were.

5. I have had no contact or visits from Provident or any third party acting on behalf of Provident Personal Credit since 2010.

6. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

7. On 10/10/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA Group. I requested the Claimant provide copies of the agreement and notice of assignment.

8. Additionally on 10/10/2018 I sent a formal request for a copy of the original agreement to PRA Group pursuant to section 77 / 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The claimant has not sent any of these documents to me. They responded to my request in a letter dated 15/10/2018 in which they stated "We are obliged to inform you that, as we have been unable to comply with your request for information within the prescribed timeframe, your debt is currently deemed unenforceable"

10. 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.

11. The Claimant has provided a print out of alleged payments made.. I do not recognise the payments made and on checking my records can find no indication such payments were made. The list does not state any balance of account or the method of such payments, nor indeed who payments were alleged to be made to. These payments are denied.

12. On xx/xx/2018 I wrote to the Claimant asking for further information regarding the payments listed but they have failed to respond.

13. It is denied that Provident Personal Finance 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.

14. The Claimants statement of case states that the account was assigned from Provident to Aktiv Kapital Portfolio on 26/08/2014 . The Defendant does not recall receiving notice of this assignment.

15. The Claimants statement of case states that the account was assigned from Aktiv Kapital Portfolio to PRA Group on 31/12/2014 . The Defendant does not recall receiving notice of this assignment.

16: The Claimant is required to prove assignment of the rights under the agreement to evidence they are legally capable of bringing this claim.

17. 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.

18. 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.

19. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.

20. It is denied that the Claimant is entitled to the relief as claimed or at all.

[Amethyst]

Hi I'm sorry to jump in and maybe I've missed something here but....PRA have stated in their letter on the 15th October that it is unenforceable on the opening page of their letter. Yet, they go on to say they can continue or instigate legal proceedings. Surely they aren't allowed to proceed until such a time as they have provided the information? Isn't this an abuse of process?

I'd be interested to know how something can be considered 'unenforceable' can be put into litigation through the courts without being compliant first.

Unenforceable has been ruled to mean judgment, as opposed to bringing court action, or reporting on a credit file etc.

McGuffick v RBS I think.... two secs.

https://www.bailii.org/ew/cases/EWHC...2009/2386.html

Paras 74 on....

• Once it is recognised that the bringing of proceedings is not enforcement, it necessarily follows that activities (iii) to (vi) do not constitute enforcement, since they are all steps taken prior to the commencement of proceedings and therefore by definition, at most, steps taken with a view to enforcement.

• It follows that, in my judgment the reporting to CRAs and related activities do not constitute enforcement for the purposes of the Consumer Credit Act.

Abuse of Process - most definately IMO as they get the claim in without any docs just to try beat the Limitations clock, then let it go on a stay for years while they fart about finding docs.... but that's an argument for AFTER the claim is stayed.

[Laidup]

Looks much better! Thank you so much Amethyst. Your assistance through this whole process has been very much appreciated. Will get that done now then hope for the best!

[Amethyst]

No worries, just check it is all right, I've just gone off the thread info posted and bulked yours out a little bit to take into account the comms so far with PRA. xxx Good luck

[MasterCoder]

Unenforceable has been ruled to mean judgment, as opposed to bringing court action, or reporting on a credit file etc.

McGuffick v RBS I think.... two secs.

https://www.bailii.org/ew/cases/EWHC...2009/2386.html

Paras 74 on....

• Once it is recognised that the bringing of proceedings is not enforcement, it necessarily follows that activities (iii) to (vi) do not constitute enforcement, since they are all steps taken prior to the commencement of proceedings and therefore by definition, at most, steps taken with a view to enforcement.

• It follows that, in my judgment the reporting to CRAs and related activities do not constitute enforcement for the purposes of the Consumer Credit Act.

Abuse of Process - most definately IMO as they get the claim in without any docs just to try beat the Limitations clock, then let it go on a stay for years while they fart about finding docs.... but that's an argument for AFTER the claim is stayed.

Wow. I cannot understand how bringing proceedings cannot be seen as anything other than enforcement, or at least an attempt at enforcement.

You would think that companies like these would only be able to bring about proceedings only when they have their own ducks in a row and they have a sound case to raise a claim.

Then again, the court receives money for these spurious claims so even if it never goes to court they've made money just for sending a letter.

Absolutely shocking!

MC

[Laidup]

Done, thanks again Amethyst. Will keep you posted

[Laidup]

Hello! Happy new year! Hope a merry Christmas was had

I have received a directions questionnaire. I have a couple of questions. First one is, I have been to MCOL and I'm not seeing this there. Do I have to send the paper version in or am I being blind?

"Do you agree that the small claims track is the appropriate track for this case"

I desperately want to tick the no box because I don't agree this case belongs in any court on any track but I am thinking that is probably not a valid reason to tick no. So, do I say yes to that?

I have still not received any of the information I requested. Though they did send me a letter telling me they received my defence and another letter telling me they were proceeding with it.

My DQ has to be in by Monday 7th.

Thank you kindly

[Laidup]

Hello... me again!

Thoughts and advice welcome

So I sent off my DQ as was requested. On saturday I received a letter from the court stating the claimant had not sent their DQ and they had 7 days in which to do so. I phoned the court this morning in a panic and was told I need to learn to read, the letter states the claimant and I was simply sent a copy of the letter that was sent to them. So the claimant has not responded to the DQ.

Today, I got a letter from them.

"In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with a statement of your account."
Opening balance £177.00

They then go on to offer me a settlement of £61.95

I am confused as to why the opening balance is different to their claim amount and while they are taking me to court, are they meant to be offering me settlements?

Their letter also states a transaction breakdown is available on request. Funny that I have asked for that and they have failed to produce it.

As I have said, I am 99% sure this debt is statute barred. Their figures dont seem to be adding up, they have failed to give me proper breakdowns. I almost feel like they are clutching at straws.

Not sure how to proceed. Any thoughts please?

Thank you!