• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PRA County Court Claim for Credit Card

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PRA County Court Claim for Credit Card

    Hi everyone. Ive been a member and visitor of your very informative site for a few years and thankfully haven't needed direct help until now. It would be of great help if someone could give me a bit of assistance please.

    PRA Group have issued a claim against me for an alleged MBNA credit card debt. The claim states that the debt was assigned to Aktiv Kapital in Aug 2013 and then on to PRA in Dec 2014.

    I read the following thread about a similar issue

    http://legalbeagles.info/forums/show...ty-Court-Claim

    and followed the advice, and have since filed an acknowledgement and also written to PRA Group using the CPR 31.14 template letter. I said in the letter dated 5 April that I would like a response within 7 days in order to file my defence on 12 April. PRA wrote back by return stating;

    "We have requested the documentation from the original vendor and will forward this to you as soon as it becomes available. In the meantime we will wait to receive your defence by 25 April" (?)

    The thread that i read suggested I should file a defence and an N244 "unless order" but my case seems slightly different in that PRA haven't challenged my request for proof, they have admitted that they don't actually have it.

    I have never received an assignment notice either from Aktiv or PRA and noticed a post in the thread that mentioned that the assignment notice should be sent by registered post, quoting Holwell v Hughes 1974. Does this also apply in my case too?

    I am recently unemployed due to a ill health, leading to failure of my business and am really worried about the implications and costs of this claim. I really would appreciate any assistance anyone could give.
    thanks and regards
    ADD
    Tags: None

  • #2
    Re: PRA County Court Claim for Credit Card

    Hi again. Is there any chance someone could kindly help me. I'm, at my wits end and really not sure how best to progress.

    Thanks in advance
    ADD

    Comment


    • #3
      Re: PRA County Court Claim for Credit Card

      Hi ADDLED

      Have you sent a CCA s78 request to the Claimant/solicitors?

      Btw, when was the issue date on the court claim form?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: PRA County Court Claim for Credit Card

        Hi charity, tks for the reply. I sent the form but realised on reading your post that i should have sent a postal order for £1 also.
        I sent it to PRA since they are the ones named on and who signed the claim form.
        Claim is dated 21st March.

        Comment


        • #5
          Re: PRA County Court Claim for Credit Card

          Hi again. My deadline for entering a defence is 24th, which is SUnday, so I am anxious to get it in first thing Monday morning.
          Following charity's post I resent the s78 letter WITH a postal order beginning of this week.

          I still haven't had the documents I asked for in my CPR 31.14 letter. Should I ask the claimant for an extension? I'm really not sure what to do at this point.

          thanks
          ADD

          Comment


          • #6
            Re: PRA County Court Claim for Credit Card

            Hi, today I received a letter back from PRA about my request for a copy of the agreement. It says:

            "I am in receipt of your correspondence in relation to above and have requested required info. I have enclosed your £1 payment as we do not require this to action your request. We will contact you to provide an update asap.... etc".

            This seems weird because they also enclosed an information leaflet that states the £1 is payable (?)

            I also still haven't received the docs asked for in my CPR 31.14 request and my deadline for filing a defence is today. Would someone please be able to assist me as I'm quite confused as to what to do next.

            thanks
            ADD

            Comment


            • #7
              Re: PRA County Court Claim for Credit Card

              Originally posted by ADDLED View Post
              Hi, today I received a letter back from PRA about my request for a copy of the agreement. It says:

              "I am in receipt of your correspondence in relation to above and have requested required info. I have enclosed your £1 payment as we do not require this to action your request. We will contact you to provide an update asap.... etc".

              This seems weird because they also enclosed an information leaflet that states the £1 is payable (?)

              I also still haven't received the docs asked for in my CPR 31.14 request and my deadline for filing a defence is today. Would someone please be able to assist me as I'm quite confused as to what to do next.

              thanks
              ADD
              [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: PRA County Court Claim for Credit Card

                [MENTION=24877]ADDLED[/MENTION]

                http://legalbeagles.info/forums/show...t-Court-Claims

                Above is an example of a 'no documents' defence.
                Yours will be s78 if for a credit card.

                Can you send it either via MCOL or email CCBC (court) by 4pm today?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: PRA County Court Claim for Credit Card

                  [MENTION=2]Celestine[/MENTION] ... any last minute advice??
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: PRA County Court Claim for Credit Card

                    Tks. Just read and noticed it says claims up to 10k. Mine is £10200.
                    ADD

                    Comment


                    • #11
                      Re: PRA County Court Claim for Credit Card

                      Originally posted by ADDLED View Post
                      Tks. Just read and noticed it says claims up to 10k. Mine is £10200.
                      ADD
                      Hi ADD

                      What says what?
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: PRA County Court Claim for Credit Card

                        Originally posted by charitynjw View Post
                        A suspicious move becoming familiar with PRA, keep the letter safe, not accepting the fee does not release them from the obligation to supply the agreement.

                        nem

                        Comment


                        • #13
                          Re: PRA County Court Claim for Credit Card

                          Sorry. First line on the link for a no documents defence says: BASIC EXAMPLE DEFENCE for a claim UNDER £10,000".
                          My claim is £10,200.

                          - - - Updated - - -

                          Tks nemesis

                          - - - Updated - - -

                          Tks nemesis

                          Comment


                          • #14
                            Re: PRA County Court Claim for Credit Card

                            Hi ADD

                            £10.2k is slightly outside of normal SmallClaims range, but still could be heard there.

                            If it should go to Fast Track, costs are an issue.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: PRA County Court Claim for Credit Card

                              Hi charity, thanks again.
                              Ive re-read both of the sample defences and the 2nd one is the one I'll go with, unless anyone thinks differently.
                              Considering the claimant hasn't provided copies of any documentation I also haven't asked for a time extension in order for them to locate them. Is this a requirement, in that it shows willing on my part, or can I proceed with my defence and ignore this?
                              Any other advice would truly help.

                              thanks again
                              ADD

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 2 < >

                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              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.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                              2 of 2 < >

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X