PRA County Court Claim for Credit Card

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Re: PRA County Court Claim for Credit Card

Hi everyone. PRA haven't responded to my requests so I need to send my defence today. The problem is that my claim is just a shade over £10,000 and so with fees etc comes to almost £10,500 so I am worried about costs in fast track.

About £1,800 of this is interest and I noticed the section in the defence about interest charges being unjust;

"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."
There would also be very significant interest on the debt itself, so since it is the interest that is pushing me over the 10k threshold is there anything I can put in my defenced to make sure I am dealt with as a small claim? I'm really worried about the costs if it goes to the larger court.

I would really appreciate it if someone could reply today. I really want to get this defence in as soon as I can as it will be a weight off my mind for a while.

thanks again for all your help.
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[Amethyst]

Re: PRA County Court Claim for Credit Card

Your defence should be standard - allocation can be dealt with further along at the directions questionnaire stage - when you can request allocation to small claims because this is a simple contract matter. There's no guarantee's of course and of course you should take the risk of costs into account from here on in, but put your defence in - quite often cases just get stayed or discontinued following defence if they cannot fine the documents. You have given them every opportunity to provide documents with the extension of time so things are in your favour costs wise at the moment anyway

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Re: PRA County Court Claim for Credit Card

Nice one, thank you Amethyst. Here goes...!

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Re: PRA County Court Claim for Credit Card

Hi again. After nothing for months I received a letter from PRA this week. Ive uploaded copies of their supposed letters of assignment and credit agreement. Agreement isn't signed and both letters of assignment from PRA and Aktiv are identical; are they the same company?

Their letter asks me to drop my defence and negociate. Would really appreciate advice as to what next to do.

Apologies for aspect of attachments. theyre all upright on my pc but some have rotated on upload.
thanks all.
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[MIKE770]

Re: PRA County Court Claim for Credit Card

account number / reference numbers showing

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Re: PRA County Court Claim for Credit Card

Tks Mike, got it sorted after bit of jiggery-pokery stuff.

[pt2537]

Re: PRA County Court Claim for Credit Card

Look up the case of Hillesden Securities v Harry Moore, the agreement you have is identical to the Moore one, I can say this with certainty as I was the lawyer who dealt with the Moore case.

The agreement doesn't seem to comply with the Consumer Credit Act requirements, and knowing the PRA group like I do, im sure there will be other errors in their papers which can be relied on.

Ive faced and beaten the PRA group a few times and would be more than happy to assist, if you wanted to have a chat about the case id be more than happy to discuss the matter further. Cheers

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Re: PRA County Court Claim for Credit Card

Hi pt, thanks for the response.
That's interesting to hear, as I had heard that they only need an approximation of the agreement so was a bit worried. What is it about the agreement that doesn't comply?
tks
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[Amethyst]

Re: PRA County Court Claim for Credit Card

Apologies, Just to check as it isn't mentioned previously on the thread - this was a VIRGIN credit card ? taken out in Oct 2007 ?

Hillesden v Moore http://legalbeagles.info/forums/show...re-(June-2014)

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Re: PRA County Court Claim for Credit Card

Hi Amethyst. Yep, a Virgin card, it also mentions MBNA at the bottom.
The 'agreement' that they've sent is a nth-generation photocopy in miniscule typeface. I can make out MBNA since its in capitals but the rest is sketchy even with glasses on. Also wouldnt a credit agreement be more than 1/3 of a page of A4?
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[Amethyst]

Re: PRA County Court Claim for Credit Card

Yes it would be, within that document there are references to paragraphs that do not exist in that document (eg. paragraph 2g refers clearly to paragraph 11a ) - which they do need to provide to comply with the CCA

shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it,

Your case is stayed in court at the moment isn't it? Have they said in their letter they intend applying to the court to lift the stay and proceed with the claim?

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Re: PRA County Court Claim for Credit Card

Hi Amethyst, thanks kindly for clarifying that.

Just had a look at the MCOL site and the last entry shows the defence they received at the end of May, no other details, so I don't think its stayed. The letter from PRA asks me to complete a financial statement (its the 4th letter in my post #34 above) and also doesn't mention if the case is stayed.

Do I just need to sit tight and wait for the court to respond?

tks
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[Amethyst]

Re: PRA County Court Claim for Credit Card

Okay, it will be stayed - you could (if you can bear to sit on hold for a while) call the court and ask them the current status of the case. It is likely to be stayed but could have been discontinued. Just be nice to make a positive assertion in our response to PRA.

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Re: PRA County Court Claim for Credit Card

you could (if you can bear to sit on hold for a while) call the court

I'm currently enjoying 20 minutes of the highly repetitive, twinkly-plinky-plonky, nursery tune that is their hold music. Deep joy!

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Pra court claim for virgin credit card - stayed

It was worth the wait! I had a really nice chat with someone at the call centre and they confirm they haven't received intention to proceed from PRA so its stayed, as Amethyst said. He was really upbeat and chatty, his tone (hugely sarcastic about PRA) suggesting that they may withdraw but with the "cant give legal advice" caveat etc.
Thanks Amethyst, feeling a lot happier this morning now. :stars:

Oh, I forgot to ask. What do I do now?

tks
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