Small claims track form Pra/judge and Priestley

[Amethyst]

Re: Small claims track form Pra/judge and Priestley

Was this a Citibank or Opus card originally ? Opus was with BOS for a while before moving to Progressive Credit. Does the agreement say what type of card it is ?

The credit agreement provided Is with bank of Scotland ltd yet on the particulars of claim they have stated that the agreement was with progressive credit ltd.

http://www.legalbeagles.info/forums/...read.php?63347

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Hello,

it it was for an aqua credit card with bank of Scotland signed on 04/10/2011 from the credit agreement provided.

The the particulars of claim state:"on 12/10/2011" the defendant entered into an agreement with progressive credit ltd for a credit card under reference xxxxxx"

Due to the wrong date and the wrong company I am unsure if they are claiming for the correct agreement, or if the agreement provided was wrong? However it is my handwriting and I did have an agreement with them in 2011.

Thank you for your reply

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

After checking he documentation provided I have also noticed:

The particulars of claim state default was made on 18/7/2012 but that last payment was December 2011.

The assignment from progressive credit to aktiv kapita was on the 24/1/13 however the particulars of claim states 29/1/13. All assignment documentation has been provided finally.

[livingthedream]

Re: Small claims track form Pra/judge and Priestley

Have they provided a Deed of assignment, not a notation of assignment, you need to see of they need to provide the courts a Deed of Assignment

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

Have they provided a Deed of assignment, not a notation of assignment, you need to see of they need to provide the courts a Deed of Assignment

Hi livingthedream

How will the Deed of Assignment help?

[livingthedream]

Re: Small claims track form Pra/judge and Priestley

Hi livingthedream

How will the Deed of Assignment help?

I understood this was required to prove any ownership of anything, is that not right?

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

I understood this was required to prove any ownership of anything, is that not right?

Firstdale Ltd. v Quinton [2004] EWHC 1926 (Comm) (05 August 2004)

1. Deed of Assignment: invalidity
   
2. It is submitted that because the deed which was agreed by the liquidator and the claimant to be the vehicle for the assignment was not validly executed by the claimant and not therefore validly dated, it was consequently incapable of effecting a valid assignment so as provide the claimant with title to sue.
3. It is reasonably clear that there was a failure by the claimant company to comply with section 36A in as much as the deed of assignment was not executed by fixing the common seal of the company to the document or by means of signature by two directors or by one director and the secretary. However, that would go no further than invalidating the execution of the document as a deed by the assignee. It would not, however, render the signature of the Liquidator on behalf of B&G ineffective. The result would be a document signed by the Liquidator effecting an assignment to the claimant of the chose in action defined by the word "debt" in the document. That would amount to an "absolute assignment by writing under the hand of the assignor" of the right of action in question within section 136(1) of the 1925 Act. It is unnecessary for this to be by way of deed, firstly because any signed writing will be enough: see Marchant v. Morton Down & Co [1901] 2 Ch 829 @ p832 and The Kelo [1985] 2 Lloyd's Rep 85 at p89 and secondly, because consideration is not required to support a statutory assignment and lack of consideration therefore does not need to be made good by deed: see Holt v. Heatherfield Trust [1942] 2 KB1 @p5.
4. Accordingly, the defendant's argument that the claimant has no realistic prospect of establishing that it has title to sue as assignee or that there has been a valid assignment must be rejected. Indeed, on the materials before this court, it is very probable that the assignment was a valid statutory assignment of the right of indemnity under the agreement of 1 July 1997 and that the claimant therefore has title to sue the defendant.

[livingthedream]

Re: Small claims track form Pra/judge and Priestley

This is where the law gets me spinning, I have read many successful cases where the deed has been the specific reason to why the case was struck out

"Court gave them 2 weeks to produce the Deed of Assignment in which I quote the court "The claimant shall provide to the defendant and at the same time a Deed of Assignment, referred to in Particulars of claim and upon which the claimant relies to bring this claim, in default of which the claim shall stand stuck out" Needless to state they failed to product the Deed of Assignment and their claim struck out."

[Amethyst]

Re: Small claims track form Pra/judge and Priestley

Hello,

it it was for an aqua credit card with bank of Scotland signed on 04/10/2011 from the credit agreement provided.

The the particulars of claim state:"on 12/10/2011" the defendant entered into an agreement with progressive credit ltd for a credit card under reference xxxxxx"

Due to the wrong date and the wrong company I am unsure if they are claiming for the correct agreement, or if the agreement provided was wrong? However it is my handwriting and I did have an agreement with them in 2011.

Thank you for your reply

Aqua were some SAV and some progressive I believe, same as Opus - both BOS.

SAV and Progressive are now Newday.

So you didn't enter into an agreement with progressive credit ltd, you entered into an agreement with BOS.

They should provide notices of assignment for bos to progressive and then to PRA, as well as any changes to terms.

[MENTION=551]pt2537[/MENTION] has dealt with a couple of these where the claimant didn't know who the original lender was.

[Amethyst]

Re: Small claims track form Pra/judge and Priestley

[MENTION=551]pt2537[/MENTION] has dealt with a couple of these where the claimant didn't know who the original lender was.

here - http://www.legalbeagles.info/forums/...ame-the-Debt-w

plus couple more recently with PRA
http://www.legalbeagles.info/forums/...amages-awarded
http://www.legalbeagles.info/forums/...oup-UK-Limited

worth a mooch xx

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

This is where the law gets me spinning, I have read many successful cases where the deed has been the specific reason to why the case was struck out

"Court gave them 2 weeks to produce the Deed of Assignment in which I quote the court "The claimant shall provide to the defendant and at the same time a Deed of Assignment, referred to in Particulars of claim and upon which the claimant relies to bring this claim, in default of which the claim shall stand stuck out" Needless to state they failed to product the Deed of Assignment and their claim struck out."

If the court has ordered disclosure & the party has failed to comply with the order, the case could be struck out.

Also, I could say on the internet that I am extraordinarily good-looking, a millionaire & I own a red Lambo.

Which may not be the truth (The Lambo is more 'vermilion')

:whistle:

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Thank you all for the feedback it is hugely appreciated.

I I have a copy of the original credit agreement, which the claimant has provided and it specifically states it is between myself and bank of Scotland Plc, yet the particulars of claim say their claim is for an agreement with progressive credit, which they have not provided. Is it the wrong agreement they have sent, or do I just need to notify I need the notice of assignment?

Also so I recieved a notice of transfer of proceeding from the small claims mediation team that it is being transferred to my local county court and the judges directions will be sent out shortly.

Is is there anything I need to do, as the claimants Solictors have told me to withdraw my defence, but the paperwork provided is either dated wrong or the wrong company still, so can I still defend this claim?

Based he'd that in the particulars of claim they do not mention deeds of assignment only notices of assignment, do I have a right to ask for these?

Thank ne you all so far for the advice provided.

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Hi all, i have had notice of allocation to the small claims court, and need to provide my witness statement and all documentation.

Could you have a look over the witness statement below, and let me know any changes i need to make. i have used information from previous threads to create this and hopefully is along the right lines.

IN THE xxxxxxxxxxxxxx COUNTY COURT
Claim No. xxxxxx

BETWEEN:
PRA Group (UK) Ltd
Claimant
- and –
Defendant
xxxxxx
_________________________________

WITNESS STATEMENT OF xxxxxx
_________________________________



I xxxxxxxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in xxxxx, however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement

3. On the10th April 2016 I receieved the claim form from the County Court Business Centre whereby I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974, and enclosed payment of £1.00 [EXHIBIT A and B]

4. Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


6. The Claimant failed to comply with s.77(1) of the Consumer Credit Act 1974 until after mediation was rejected due to lack of information. Upon providing a copy of the credit agreement it is in the name of Bank Of Scotland Ltd dated 10^th October 2011. The agreement for which the Claimants are claiming is for a credit agreement with Progressive Credit Ltd entered into on 12/10/2011. Therefore the agreement which the Claimant and their solicitors have provided is not the agreement for which they are claiming. [EXHIBIT C}

7. Consumer Credit Act s.78(6) states;
(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

8. On 11^th April 2016, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT D].

9. The claimants solicitors failed to provide these documents until after
the offer of mediation was rejected due to lack of information. These documents were provided via email on the 14^th June 2016. In the statement of particulars for which the claimant is making their claim they have state the notice of assignment to Aktiv Kapital Portfolio AS Zug Branch was for £721.96 on the 29/01/2013, yet the documentation provided was for assignment on 24/01/2013 for £722.22 [EXHIBIT E and F].

10. The notice of assignment provided from Aktiv Kapital Portfolio AS Zug Branch to PRA Group (UK) Ltd (the claimant) states it was for £721.96 on 31/12/2014 and yet the documentation provided states it was assigned on 6^th November 2014 for £723.12[EXHIBIT G].

11. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided documents which does not match their Particulars of Claim for which they are relying on. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.



Statement of Truth

I, xxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

EXHIBITS:
A - Letter to Claimant (CPA Request)
B - Postal Order Sent to Claimant
C - Copy of Original credit agreement provided by Claimants Solicitor.
D -Letter to Claimant Solicitors (CPR request)
E - Email providing documents (14th June 2016)
F -Notice of Assignment to Aktiv Kapital
G - Notice of Assignment to PRA Group

Any feedback or assistance would be great, thank you.

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Bump