PRA County Court Claim for Credit Card

[nemesis45]

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

Take care the templates are ready to send it must be edited amended to suit your case.

nem

[ADDLED]

Re: PRA County Court Claim for Credit Card

Thanks nem, will be as careful as I can.
Do I need to ask for a time extension from PRA or does it not matter?
ADD

[ADDLED]

Re: PRA County Court Claim for Credit Card

Oh, one thing I noticed on the CPR 13.14 letter is the following sentence;

"If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court."

PRA still haven't provided documentation. How do I go about getting an extension, or shouldn't I bother?

tks
ADD

[ADDLED]

Re: PRA County Court Claim for Credit Card

Hi again. Ive amended the defence to fit my circumstances as below. Could someone scan it and let me know what they think pls?
Rgds deadline; I couldn't get through to Northampton CC on the phone so I called my local CC and asked them what happens if I am late posting my defence. They mentioned that so long as it is in before midnight on MCOL then I should be ok. (praying!)
tks
ADD

Preliminary Matters

1. The Claimants claim form fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claim

4. The Claimant states the claim relates to a credit card account with MBNA but without further details the Defendant is unable to identify such an account within his own records.

5. The particulars of claim state that the account was assigned to Aktiv Kapital As Oslo on 21/8/2013 who assigned the account to PRA Group (UK) Limited (the claimant) on 31/12/2014 and that notices were served pursuant to the Law of Property Act 1925. The Defendant did not receive notice of either assignment.

6. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

7. In respect of matters, which the Defendant is able to plead to, on the 5 April 2016 and 18^th April 2016 the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.



8. The Claimant has not disclosed any documents relating to their claim to the Defendant.
9. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

10. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

11. The Defendant has also sent a request by “recorded delivery” on the 5 April 2016 to PRA Group (UK) Limited for inspection of documents mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.
12. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

Default Notice

15. It is denied that the original creditor MBNA, 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.

16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears.

19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion

Accordingly, the Defendant avers that

20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

22. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

23. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true

Signed
Dated

[nemesis45]

Re: PRA County Court Claim for Credit Card

Thanks nem, will be as careful as I can.
Do I need to ask for a time extension from PRA or does it not matter?
ADD

Yes you can ask if they will (solicitors) agree to an extension of 14 or 28 days Max. If granted You must inform the court in writing.

nem

- - - Updated - - -

Thanks nem, will be as careful as I can.
Do I need to ask for a time extension from PRA or does it not matter?
ADD

Yes you can ask if they will (solicitors) agree to an extension of 14 or 28 days Max. If granted You must inform the court in writing.

nem

[ADDLED]

Re: PRA County Court Claim for Credit Card

Hi. Ok, I spoke with PRA this morning about a possible extension and after a lot of squirming they agreed. I had expected 14 or 28 days, but what they said was, since I had requested documents, they would grant me 14 days extension from the date that they provide the documents.
Is this right? It seems an arbitrary timeframe to me since, theoretically, it could take them 6 weeks or 6 months to get the documents.

Are PRA messing me about? I need to email the court and let them know but I'm not exactly sure as to what to ask for timewise.
Or should I just file a defence as above? Regarding the CCA request on 5th April they are outside of 12 days already, so is it now unenforceable?

Sorry for all the questions, but it seems the further forward I go the more I need to ask.

thank you kindly
ADD

[Kati]

Re: PRA County Court Claim for Credit Card

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[Amethyst]

Re: PRA County Court Claim for Credit Card

Hi. Ok, I spoke with PRA this morning about a possible extension and after a lot of squirming they agreed. I had expected 14 or 28 days, but what they said was, since I had requested documents, they would grant me 14 days extension from the date that they provide the documents.
Is this right? It seems an arbitrary timeframe to me since, theoretically, it could take them 6 weeks or 6 months to get the documents.

Are PRA messing me about? I need to email the court and let them know but I'm not exactly sure as to what to ask for timewise.
Or should I just file a defence as above? Regarding the CCA request on 5th April they are outside of 12 days already, so is it now unenforceable?

Sorry for all the questions, but it seems the further forward I go the more I need to ask.

thank you kindly
ADD

Yes it's arbitary - the maximum allowed under CPR 15.5 is 28 days so stick to that. Yes the debt is currently unenforceable - until they do come up with the documents. You could just get your defence in - but you'll need to go back to them and say about 28 days maximum first and give them a date ( 28 days from original defence date) by which they must have the documents to you or you will have to file your defence based on failure to comply with the CCA.

[ADDLED]

Re: PRA County Court Claim for Credit Card

Thanks Amethyst, much appreciated.
Would you be able to advise how to word a letter to the court regarding the extension. I had something in mind as follows, but I'm not sure of the wording:

Re: Claim Nbr XXXXX
On 5th April I requested from the Claimant, by recorded delivery post, a copy of the original credit agreement as per the Consumer Credit Act 1974 (sections 77-79). I also requested copies of the agreement/contract, any default notice, notice of assignment and formal demands in accordance with CPR 31.14.
To date I have not received any documents from the Claimant. I therefore called the claimant and requested an extension of 14 days, to which they responded that they would allow 14 days from the date that they supply the requested documents. This would appear to be an arbitrary timeframe therefore I have written to the Claimant to advise that, if I do not receive the requested documents with 28 days from the date of filing a defence, 23 May 2016, I will file my defence based on their failure to comply with my request under Consumer Credit Act 1974 (sections 77-79).

Also a similar letter to PRA?

thanks again
ADD

[Amethyst]

Re: PRA County Court Claim for Credit Card

mmm I think to PRA ( is it PRA bringing the claim themselves or a sols firm - have done as if a sols firm but just change 'your client' to 'you' if so)


Thank you for confirming your client is agreeable to an extension of the date to file my defence. Your client has indicated they would be agreeable to a somewhat arbitary extension of 14 days from the date that they supply the requested documents. I am sure you are aware that the maximum extension available pursuant to CPR 15.5 is 28 days and therefore, if your client is agreeable, I will inform the court that the deadline for the filing of my defence has been agreed as 23 May 2016.

Your client set the timescales in bringing the claim and I have been generous in allowing further time for the provision of documents ( credit agreement, default notice and notice of assignment ) which your client should have had possession of before commencing court action. Should your client fail to provide the request documents before 23 May 2016, I will file my defence based on their failure to comply with my request under Consumer Credit Act 1974 (sections 77-79) rendering any alleged debt unenforceable, and will request the court strikes out their claim.


Then standard letter to the court....IF PRA agree

Email something along these lines to ccbcdefendants@hmcts.gsi.gov.uk



SUBJECT: xxxxCLAIMANTxxxx v xxxxDEFENDANTxxxxx CASE NO: XXXXXX - EXTENSION OF TIME FOR FILING DEFENCE
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 18th August 2014.

Kind regards

xxxxxxxxx
Defendant


If they don't then just file your defence.

[ADDLED]

Re: PRA County Court Claim for Credit Card

Thanks again Amethyst, that's brilliant, will send off today and email the court.

Was there actually a need for me to request an extension, should I have just filed a defence? I guess if I had filed a defence requesting the claim is struck out there still would have been a hearing, and they would have turned up with the documents if they actually exist?

tks
ADD

[nemesis45]

Re: PRA County Court Claim for Credit Card

Hi. Ok, I spoke with PRA this morning about a possible extension and after a lot of squirming they agreed. I had expected 14 or 28 days, but what they said was, since I had requested documents, they would grant me 14 days extension from the date that they provide the documents.
Is this right? It seems an arbitrary timeframe to me since, theoretically, it could take them 6 weeks or 6 months to get the documents.

Are PRA messing me about? I need to email the court and let them know but I'm not exactly sure as to what to ask for timewise.
Or should I just file a defence as above? Regarding the CCA request on 5th April they are outside of 12 days already, so is it now unenforceable?

Sorry for all the questions, but it seems the further forward I go the more I need to ask.

thank you kindly
ADD

OK Quote Claim No............................ Name of Claimant ..............................Name of Defendant.

Notice of Extension of Time:

An extension of 14 days from the date Claimant Provides Documents requested under the provisions of sect 77/78 of CCA 1974.

Exact date of commencement will be notified in due course.

Keeps you in touch with the court which is necessary with some claimants and avoids dirty tricks.

Send a copy to PRA//

BTW has any one/firm been named as their legal representative?

nem

[ADDLED]

Re: PRA County Court Claim for Credit Card

Hi nemesis, should I send this instead of Amethysy's suggestion?

Claim form states PRA Group (UK) Ltd as the claimant and gives their address as correspondence address. Bottom left its signed Robert Marr claimants Legal Representative. Hes an employee of PRA, have also emailed him with original document requests but no answer.

tks
ADD

[nemesis45]

Re: PRA County Court Claim for Credit Card

Hi nemesis, should I send this instead of Amethysy's suggestion?

Claim form states PRA Group (UK) Ltd as the claimant and gives their address as correspondence address. Bottom left its signed Robert Marr claimants Legal Representative. Hes an employee of PRA, have also emailed him with original document requests but no answer.

tks
ADD

Hello Add,

I didn't see Ames post go with that!

nem

[ADDLED]

Re: PRA County Court Claim for Credit Card

Hi again. Just a brief update; I spoke with PRA and they agreed to the 28 day extension. I also emailed them, and emailed the court, and have an acknowledgement email from the court.
One thing though; when PRA originally agreed to a 14 day extension they sent a confirmation letter the same day. This time I haven't received a letter or an acknowledgement of the emails I sent. Should I be worried about this?

tks
ADD