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PRA County court claim urgent help needed please

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  • PRA County court claim urgent help needed please

    Hi All, posted this accidentally in the welcome forum yesterday, Celestine kindly responded but still looking for advice to make sure I don't make a mistake. please see below. PRA County court claim urgent help needed please

    Yesterday, 12:12:PM
    Received a claim? Yes
    Issue Date:10/9/20
    Have you Acknowledged the Claim?: yes
    Total Amount Claimed : £3506.50
    Claimant’s Name: PRA GROUP LTD
    Solicitors Firm:N/A
    Original Creditor:MBNA
    Original Debt :Credit Card
    Particulars of Claim:
    Is the debt Statute Barred : No
    List any letters you have sent (eg: CCA/ CPR ): CCA Request sent and acknowledged.


    Hi all really hoping someone can give advice. I received a county claim pack from Northampton county court and my 33 days are up on Tuesday 12th October, I acknowledged the claim pack within the 14 days but nothing more.

    On 14/9 I received a response from PRA about the CCA request, I was informed that they would the account on hold and cease any further collection activity while they obtain the information. The county court claim has not been placed on hold and today I have received an email from UK-ILDSolutions@PRAGroup which had .7s file attachment that at first I could not open, once I managed to open it the file contains are a number of old MBNA credit card statements which are from the last 6 months before the debt was sold on, they are photo copies and include the usual details of payment methods etc on the back, but they are not the original agreement I've asked for. Does this comply as completing the CCA request or should they be sending me a physical document in the post?, Celestine has kindly advised that this does not comply with the CCA request but I've read elsewhere that the fact the statements have my name, address and transaction details that it does in a way comply.

    I've requested a copy of the deed of assignment but PRA Group are declining this as they claim it contains sensitive commercial information, is this correct or are they bluffing me?

    I'm not sure if this is PRA using scare tactics in order to get me to make contact or what I'm supposed to do, please can someone help as i only have days left before I'm out of time on the county court claim.

    I find it odd that they would send me docs via email and not in physical format, am i mistaken and is this acceptable?


    Thanks in advance for any help.
    Tags: None

  • #2
    You need to do what the court says at all times & ignore what Prac infers .

    So you need to file your full defence & state in that defence what you have done & the problems you are having including no documents received.

    Comment


    • #3
      Thanks, PRA are inferring that what they have supplied complies with the CCA request and therefore i cannot use the lack of documents as a defence - i will post the correspondence from them to give a clearer picture.

      Comment


      • #4
        they could supply anything and state that BUT is it correct with all the necessary contents as per Regulation??? if I stated the moon was made of cheese would you believe it? PRA and all the cash cowing state that as 98% of people do not know that a proper agreement has to conform to regulation!

        Comment


        • #5
          Please see attached docs (edited for privacy of course), letter confirming receipt of CCA request and the statements sent in response to said CCA request.. I suspect that this in no way conforms whatsoever, also the statements sent to me are from the last 6 months of the account - is it likely that nothing now exists from before that?


          Should i be sending off a CPR request to back up the CCA?
          Attached Files

          Comment


          • #6
            No. CCA just t&c &statement. Far from complying

            Comment


            • #7
              Thanks everyone, forgive my naivety should i now file my defence to to county court explaining that PRA have not complied with the CCA request? would it be worth attaching the response from PRA explaining they were ceasing all collection activity until further notice? i'm very green to this so really appreciate your time and advice.

              Comment


              • #8
                they can stop themselves but you cannot, that is their prerogative but meantime only a court can stop proceedings etc they have the opportunity to discontinue or carry on and they have to stick to court procedures, you do not give court any copies of letter s at this stage" , so slow down and read threads toi get an idea how the cowboys try to fool the public!

                Comment


                • #9
                  Thanks MIKE770, Can you make a suggestion of what i should do from here, what i should put in my defence? Also i've read elsewhere about sending PRA a CPR31.14 regarding the evidence given on the claim, Should i do this now or wait to see their response to the defence?

                  Comment


                  • #10
                    should of sent but do so now just mention what is stated in N1 court form nothing else = this can be done later in proceedings, get a defence in a day or so before deadline, in defence stating on such a date a CCA request was requested (and if out standing) state no response received, CPR can just state sent date nothing else at this stage. follow all court instructions not claimants especially they try to fool you! CPR 31.14 Request

                    Comment


                    • #11
                      Thanks everyone for your help, I'll get my defence in today and send off the CPR31.14 to PRA Group.

                      Comment


                      • #12
                        CPR to issuing solicitor = proof of posting

                        Comment


                        • #13
                          Thanks, CPR has gone recorded delivery to address of PRA Solicitor on county court docs.

                          Comment


                          • #14
                            Hi all, just an update on the above, I've had a response today from PRA's Solicitors whom i sent the CPR letter to simply saying the following :

                            'We write further to confirm receipt of your defence, We have written to the court and wish to inform you that we intent to proceed with the claim.'

                            Nothing other than that, No deed of assignment, reconstituted agreement or anything relating to the CCA or CPR requests? is this another scare tactic or are they relying on the old credit card statements as evidence?



                            Comment


                            • #15
                              Originally posted by paulo671067 View Post
                              Hi all, just an update on the above, I've had a response today from PRA's Solicitors whom i sent the CPR letter to simply saying the following :

                              'We write further to confirm receipt of your defence, We have written to the court and wish to inform you that we intent to proceed with the claim.'

                              Nothing other than that, No deed of assignment, reconstituted agreement or anything relating to the CCA or CPR requests? is this another scare tactic or are they relying on the old credit card statements as evidence?


                              Just another one of those things. Just do what the court says.

                              Comment

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                              SHORTCUTS


                              First Steps
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                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
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                              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.





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