PRA Claim Form

[Potts2002]

After opening my mail this morning I find I have received a claim form from PRA Group (UK) Limited, who I note have a number of mentions in your forum.

Summary of claim
Issue Date: 31 Mar 2016
Amount approx: £6900
Claimant: PRA Group (UK) Limited
Solicitor: Robert Marr - No firm details
Original Creditor: MBNA
Particulars of Claim: The Claimant claims the sum of £6800 for debt and interest. On the ??/01/09 the Defendant enterd into an agreement with MBNA for a Credit card under reference ????????????. On the ??/10/12 the defendant defauted on the agreement with an outstanding balance of ?????. On ??/12/12 the debt of ???? assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA (Group) (UK) Ltd on ??/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of ?? received up to ??/4/15 AND THE CLAIMENT CALIMS 1. the sum of £???? 2. Statutory Interest Persuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum from ??/04/15 to ??/3/16 £???.?? and thereafter at a daily rate of £??? until judgement or sooner payment.
Is the debt Statute Barred? Don't think so.
List any letters you have sent: None yet
Any Other Info: I have aknowledged the claim today and will defent the full amount. All new to me as you can imagine. I am going to Prepare a CCA request today, will post here.

It is great being able to post this information here and know that there is some support on what I am sure will be an interesting process/journey.

When I hit financial challenges in 2012 agreed with MBNA that I would pay £1 per month which I have continued to do directly to MBNA. Have nothing in writing to this effect though.

Also the original Credit Card Debt was unsecured. If the court decides in PRA's favour what comeback have they for the outstanding debt? If they can access debt collectors etc then the initial agreement would have been secured, is this correct?

Thanks for reading and your assistance.

[nemesis45]

Re: PRA Claim Form

After opening my mail this morning I find I have received a claim form from PRA Group (UK) Limited, who I note have a number of mentions in your forum.

Summary of claim
Issue Date: 31 Mar 2016
Amount approx: £6900
Claimant: PRA Group (UK) Limited
Solicitor: Robert Marr - No firm details
Original Creditor: MBNA
Particulars of Claim: The Claimant claims the sum of £6800 for debt and interest. On the ??/01/09 the Defendant enterd into an agreement with MBNA for a Credit card under reference ????????????. On the ??/10/12 the defendant defauted on the agreement with an outstanding balance of ?????. On ??/12/12 the debt of ???? assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA (Group) (UK) Ltd on ??/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of ?? received up to ??/4/15 AND THE CLAIMENT CALIMS 1. the sum of £???? 2. Statutory Interest Persuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum from ??/04/15 to ??/3/16 £???.?? and thereafter at a daily rate of £??? until judgement or sooner payment.
Is the debt Statute Barred? Don't think so.
List any letters you have sent: None yet
Any Other Info: I have aknowledged the claim today and will defent the full amount. All new to me as you can imagine. I am going to Prepare a CCA request today, will post here.

It is great being able to post this information here and know that there is some support on what I am sure will be an interesting process/journey.

When I hit financial challenges in 2012 agreed with MBNA that I would pay £1 per month which I have continued to do directly to MBNA. Have nothing in writing to this effect though.

Also the original Credit Card Debt was unsecured. If the court decides in PRA's favour what comeback have they for the outstanding debt? If they can access debt collectors etc then the initial agreement would have been secured, is this correct?

Thanks for reading and your assistance.

Good morning, welcome to LB,

Creditcards are unsecured debts, and would remain so unless a creditor or debt purchaser is successful in getting a CCJ they then have the option if you don't pay to take further action to enforce the debt.

1. Issue of a warrant to be passed to bailiffs.

2. Use a High Court Writ enabling High Court Enforcement Officers ( as seen on TV) to collect the debt + their costs or seize goods to cover the debt.

3. If you are employed a n Attachment of Earnings Order can be sent to your employer ordering them to deduct set amounts directly from our pay.

3. If the debt is large enough a Statutory Demand for Payment can be made without reference to a court, but you would have to apply to the court to have the Stat D set aside, giving your reasons for the application. This is the 1st step on the Bankruptcy ladder..

Get the CCA request asap us a Postal Order for the £1 fee and mark it " For Statutory Fee Only " make a copy and keep for your records. Use signed for post and check delivery date and signature, print this off.

Is Robert Marr Listed as at the same address as PRA?

He is most probably a nominal principal solicitor for an in house " legal " team a position held with other companies in the past.
Address a Request made under the provisions of Civil Procedure Rule 31.14, for the documents mentioned in the particulars of claim. The agreement, Notices of Assignment, and default notice.
Nothing else can be requested.

Again use signed for post as with the CCA request.

nem

[charitynjw]

Re: PRA Claim Form

Hi Potts2002 & welcome to LB

Well done so far.
Don't forget to endorse the £1 payment 'For Statutory purposes only'.
Keep a copy of both the letter & payment.
Get proof of posting (SignedFor is good, or you can get a free certificate of posting from the PO)

Have you drafted a CPR 31.14 letter?

Oops, crossed posts with [MENTION=55034]nemesis45[/MENTION]

[Potts2002]

Re: PRA Claim Form

Does the Claim Form process form part of a CCJ process or are they seperate?

[Potts2002]

Re: PRA Claim Form

Proposed CCA request - comments welcomed.

MrRobert Marr

PRA Group (UK) Limited

15 – 17 Elmfield Road

Bromley

BR1 1LT

Date 06/04/16

Dear Sir
Re:- Account/Reference Number ??????????????
I do not acknowledge any debt to your company or its clients.
With reference to the above agreement, I require you to supply the following documentation:-
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account to postmarked date.
3. A signed true copy of the deeds of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully
[IMG]file:///C:\Users\ian\AppData\Local\Temp\msohtmlclip1\01\cl ip_image001.jpg[/IMG]

[Kafka]

Re: PRA Claim Form

The claim is what is filed at court to start the litigation. The CCJ is the actual judgment handed down by the court if the claim is successful, which gets registered against you. Prior to that its just a claim process.
.
In addition to nem's list above, the creditor could apply to the court for a Charging Order, which secures the debt against your home if you own one. That gets registered with the Land Registry, meaning that it would flag up to be repaid if you sold the house.

Both a Charging Order and an Attachment of Earnings Order are linked to a CCJ and can't be applied for without a CCJ being already in place.

[Potts2002]

Re: PRA Claim Form

Proposed CCA request V 2.0

MrRobert Marr
PRA Group (UK) Limited
15 – 17 Elmfield Road
Bromley
BR1 1LT
Date 06/04/16
Dear Sir
Re:- Account/Reference Number ??????????????
On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
With reference to the above agreement, I require you to supply the following documentation:-
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account to postmarked date.
3. A signed true copy of the multiple deeds of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.
Yours faithfully

[charitynjw]

Re: PRA Claim Form

Proposed CCA request - comments welcomed.

MrRobert Marr

PRA Group (UK) Limited

15 – 17 Elmfield Road

Bromley

BR1 1LT

Date 06/04/16

Dear Sir
Re:- Account/Reference Number ??????????????
I do not acknowledge any debt to your company or its clients.
With reference to the above agreement, I require you to supply the following documentation:-
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account to postmarked date.
3. A signed true copy of the deeds of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully
[IMG]file:///C:\Users\ian\AppData\Local\Temp\msohtmlclip1\01\cl ip_image001.jpg[/IMG]

Proposed CCA request V 2.0

MrRobert Marr
PRA Group (UK) Limited
15 – 17 Elmfield Road
Bromley
BR1 1LT
Date 06/04/16
Dear Sir
Re:- Account/Reference Number ??????????????
On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
With reference to the above agreement, I require you to supply the following documentation:-
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account to postmarked date.
3. A signed true copy of the multiple deeds of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.
Yours faithfully

Do you want Deeds, Notices or both?

[Potts2002]

Re: PRA Claim Form

Do you want Deeds, Notices or both?

I am not sure what that means. What is the difference and what should I ask for?

[Kafka]

Re: PRA Claim Form

You ask for the Notice of Assignment, whch is the instruction that the original lender is obliged to send you, informing you that they have assigned the account to the new owner. The Deed of Assignment is a business agreement between the two firms and normally they argue against providing the Deed on the grounds that it is commercially-sensitive information. In other words, the Deed reveals how little the DCA pays for the account when they buy it as a tax write-off. That's only about 5-10% of the face value and they don't want that to become known.

[charitynjw]

Re: PRA Claim Form

I am not sure what that means. What is the difference and what should I ask for?

A Deed is their proof of ownership.

A Notice to you is a legal requirement by virtue of the Law of Property Act 1925 for legal assignment of a chose in action.

Snap [MENTION=66]Kafka[/MENTION], lol!

[Potts2002]

Re: PRA Claim Form

Forms now duly sent off recorded delivery thanks to everyone for their assistance and/or their support.

Now I need to post my defence. I have never heard of PRA or received documentation from them regarding and assignment of debt. What other details should one go into regarding the defence to their claim?


Any suggestions gratefully received.

[Potts2002]

Re: PRA Claim Form

Hi

Is there anything glaringly wrong with my following defence?

1) The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2) It is accepted that the Defendant has had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the claimant refers to within this claim. I have requested clarity by way of a section 78 request as of this date the claimant has only been able acknowledge receipt of the request.

3) The alleged default on the Agreement is denied as I am not aware of any Default Notice or Notice of Assignment as stated. I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

4) Notwithstanding the above on receipt of the above claim a request for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14.The requests were made on 7^th April 2016 and acknowledged by the claimant in a letter dated 12^th April 2016. To date I have received no response or acknowledgement from the claimant’s solicitor.

The claimant is therefore in default of the statuary 12 days.

5) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6) On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

It is denied with regards to the Defendant owing any alleged monies to PRA Group (UK) Ltd.. The Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show how the Defendant has reached the amount claimed for; and
(c) evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

7) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.