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Re: PRA Group Letter Before Claim
Thanks for the replies and advice [MENTION=5553]charitynjw[/MENTION] and [MENTION=55034]nemesis45[/MENTION].
So very sorry to hear about your friend nem.
I am luckily still (just) in time to file for an extension, or a straight off defence. Having already sent letters by recorded delivery requesting all the necessary information following PRA's Letter Before Claim, and having no proper responses, am I OK to just go straight in and file a defence? Having looked at the standard guidance files I have concocted the following - could I ask you to please read through and give any guidance on changes required etc? I would like to submit it via the online service today if possible. My calculations take me to a Sunday deadline for responding, but I don't want to leave it until the last minute - plus I am stressing about this so want to get it sent off. I know I need to clear off some bold type - will do that before sending, just my tablet isn't great on editing. Thanks.
1: I received the claim numbered xxxxxxxxx from the Northampton County Court Business Centre on 1st August 2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5: The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital Portfolio AS on 21/3/2013, then assigned to PRA Group (UK) Ltd on 31/12/14. The Defendant does not recall receiving notice of these assignments.
6: It is denied that 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.
7: On the 1st of July 2016, following receipt of a Letter Before Action received on 30th June 2016, The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to PRA Group (UK) Limited. It was requested the Claimant provide copies of The Original Credit Agreement, The Default Notice, The Termination Notice, The Notice of Assignment & Statements of Account.
8: PRA Group (UK) Limitedhas to date only sent a few copies of monthly statements from MBNA covering the period 25/02/12 - 08/01/13. There is no mention of PRA Group (UK) Limited on these documents. The letter accompanying these documents is dated 28th July 2016, it should be noted that this is the day following the issue of the County Court Claim on 27th July 2016. This letter states that the Claimants "are awaiting further documentation to complete your request". The Claimants failure to supply adequate information as requested leaves The Defendant unable to properly assess their position with regards the claim.
9: On the 1st July 2016 the Defendant sent a formal request for a copy of the original agreement to PRA Group (UK) Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. On 6th July 2016 the Defendant received a letter from PRA Group (UK) Limited, returning the £1 fee, stating it was not required to action the request, and stating that they had "requested the required information."
10: The Claimant has thus failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
11: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12: The Defendant requests the court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead the case else the Claim should stand struck out.
13: In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
14: It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed …………………………………………
Dated .................................................. ....
Thanks for the replies and advice [MENTION=5553]charitynjw[/MENTION] and [MENTION=55034]nemesis45[/MENTION].
So very sorry to hear about your friend nem.
I am luckily still (just) in time to file for an extension, or a straight off defence. Having already sent letters by recorded delivery requesting all the necessary information following PRA's Letter Before Claim, and having no proper responses, am I OK to just go straight in and file a defence? Having looked at the standard guidance files I have concocted the following - could I ask you to please read through and give any guidance on changes required etc? I would like to submit it via the online service today if possible. My calculations take me to a Sunday deadline for responding, but I don't want to leave it until the last minute - plus I am stressing about this so want to get it sent off. I know I need to clear off some bold type - will do that before sending, just my tablet isn't great on editing. Thanks.
1: I received the claim numbered xxxxxxxxx from the Northampton County Court Business Centre on 1st August 2016.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5: The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital Portfolio AS on 21/3/2013, then assigned to PRA Group (UK) Ltd on 31/12/14. The Defendant does not recall receiving notice of these assignments.
6: It is denied that 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.
7: On the 1st of July 2016, following receipt of a Letter Before Action received on 30th June 2016, The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to PRA Group (UK) Limited. It was requested the Claimant provide copies of The Original Credit Agreement, The Default Notice, The Termination Notice, The Notice of Assignment & Statements of Account.
8: PRA Group (UK) Limitedhas to date only sent a few copies of monthly statements from MBNA covering the period 25/02/12 - 08/01/13. There is no mention of PRA Group (UK) Limited on these documents. The letter accompanying these documents is dated 28th July 2016, it should be noted that this is the day following the issue of the County Court Claim on 27th July 2016. This letter states that the Claimants "are awaiting further documentation to complete your request". The Claimants failure to supply adequate information as requested leaves The Defendant unable to properly assess their position with regards the claim.
9: On the 1st July 2016 the Defendant sent a formal request for a copy of the original agreement to PRA Group (UK) Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. On 6th July 2016 the Defendant received a letter from PRA Group (UK) Limited, returning the £1 fee, stating it was not required to action the request, and stating that they had "requested the required information."
10: The Claimant has thus failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
11: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12: The Defendant requests the court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead the case else the Claim should stand struck out.
13: In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
14: It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed …………………………………………
Dated .................................................. ....
Congratulations xx
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