PRA GROUP vs Blossom50 CCJ

[Blossom50]

Hello all

I've been reading this immensely helpful forum over the last few weeks and would really appreciate some advice on my own situation. On 30th June(issued 28th) I received a CCJ claim form from Northampton CC from the PRA group about an old HSBC debt. It was an amalgamated overdraft and loan debt - about £1.5k overdraft and £6k loan so total about £7.5k. Account was taken out in 1996 and apparently I defaulted in 2006. It has details of being assigned to Aktiv Kapital and then PRA.

I acknowledged with MCOL on 7th July with the intention of defending - then called the court to check my dates. He said I have until 1st August to submit defense but I'd like to do it over the weekend so it's done!

Sent CCA and CPR 31.14 on 13/07 with the £1 PO for the CCA. It was returned about a week later saying it wasn't needed? Any idea why this might be? It also had a different amount on the front of the letter - only £1.2k ish!! The letter said they would be in touch. So my calculations for the 12 working days take me to tomorrow if I have it right. As yet I've received nothing further from them.

Depending on if I get anything in the post tomorrow from them-please can I post up what I will submit as my defense for advice and pointers before I submit?

Any advice on anything else I should do would be appreciated! If it hopefully gets set aside - what happens then?

Thank you so much 🌷

- - - Updated - - -

Just to add - it says payments were made in 2015 but I think I did these to AK and only because I was mentally unwell at the time and threatening letters got to me :-(

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Hello all

I've been reading this immensely helpful forum over the last few weeks and would really appreciate some advice on my own situation. On 30th June(issued 28th) I received a CCJ claim form from Northampton CC from the PRA group about an old HSBC debt. It was an amalgamated overdraft and loan debt - about £1.5k overdraft and £6k loan so total about £7.5k. Account was taken out in 1996 and apparently I defaulted in 2006. It has details of being assigned to Aktiv Kapital and then PRA.

I acknowledged with MCOL on 7th July with the intention of defending - then called the court to check my dates. He said I have until 1st August to submit defense but I'd like to do it over the weekend so it's done!

Sent CCA and CPR 31.14 on 13/07 with the £1 PO for the CCA. It was returned about a week later saying it wasn't needed? Any idea why this might be? It also had a different amount on the front of the letter - only £1.2k ish!! The letter said they would be in touch. So my calculations for the 12 working days take me to tomorrow if I have it right. As yet I've received nothing further from them.

Depending on if I get anything in the post tomorrow from them-please can I post up what I will submit as my defense for advice and pointers before I submit?

Any advice on anything else I should do would be appreciated! If it hopefully gets set aside - what happens then?

Thank you so much 🌷

- - - Updated - - -

Just to add - it says payments were made in 2015 but I think I did these to AK and only because I was mentally unwell at the time and threatening letters got to me :-(

Good afternoon, welcome to LB,

Was the CCA request actually complied with? Was is PRA's sidekick Robinson Way which returned the fee?
This seems to be an attempt by PRA/RW to avoid any problems with failing to comply with the CCA request i.e the debt becoming unenforceable if they can't provide the agreement within the 12 + 2 Working day timescale.

Yes please post your draft defence here then we can go through it with you.

nem

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Thank you for the reply nemesis

No the CCA hasn't been complied with yet - I think they have until tomorrow to get it back to me. All I've had in reply from them was the returned postal order and a letter saying they would be in touch about getting the information to me (with the wrong amount on the letter).

They haven't replied to the cpr request either where I asked for the agreement, default notice and notice of assignments.

There was no solicitor mentioned on the claim just a named ' legal representative' which seems quite unusual to me? Apparently it's £400 legal fees!

Thank you I'll put a draft response up asap. Thanks for your help!

- - - Updated - - -

The reply was from PRA- just reread your post!

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Thank you for the reply nemesis

No the CCA hasn't been complied with yet - I think they have until tomorrow to get it back to me. All I've had in reply from them was the returned postal order and a letter saying they would be in touch about getting the information to me (with the wrong amount on the letter).

They haven't replied to the cpr request either where I asked for the agreement, default notice and notice of assignments.

There was no solicitor mentioned on the claim just a named ' legal representative' which seems quite unusual to me? Apparently it's £400 legal fees!

Thank you I'll put a draft response up asap. Thanks for your help!

- - - Updated - - -

The reply was from PRA- just reread your post!

I suspect that when PRA absorb Active Kapital it also inherited AK's " team of litigation "Experts" which had proved expertly useless!!

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Haha good to know!!

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Hello again. So today's post has been and nothing further has arrived from PRA so no CCA and no cpr. A question if I may - the 12+2 days they have to return the CCA is up now isn't it if I posted the request on 13th July, received by them on 14th?

I'll post draft defence up this afternoon and submit today hopefully! Would be great to get it in a few days early.

[charitynjw]

Re: PRA GROUP vs Blossom50 CCJ

Hello again. So today's post has been and nothing further has arrived from PRA so no CCA and no cpr. A question if I may - the 12+2 days they have to return the CCA is up now isn't it if I posted the request on 13th July, received by them on 14th?

I'll post draft defence up this afternoon and submit today hopefully! Would be great to get it in a few days early.

Hi Blossom50

Probably best to leave submitting your defence to court until closer to the deadline, just in case.
I'll give @nemesis45 a nudge...........

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Hi Blossom50

Probably best to leave submitting your defence to court until closer to the deadline, just in case.
I'll give @nemesis45 a nudge...........

Thank you - the deadline is Monday so I could wait to see if anything comes in tomorrow's post do you think?

[charitynjw]

Re: PRA GROUP vs Blossom50 CCJ

Thank you - the deadline is Monday so I could wait to see if anything comes in tomorrow's post do you think?

Ok......4pm latest.......have you drafted your defence?

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Ok......4pm latest.......have you drafted your defence?

On it right now and will post up shortly for advice thank you!

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Here's my draft - any advice gratefully received. Thank you!

1: I received the claim [Claim Number] from the Northampton County Court on 30th June 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 Loan/Overdraft 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 and It is denied that the Defendant has entered into an agreement with the Claimant.
6. The Claimants statement of case states that the account was assigned from HSBC to Aktiv Kapital on [Date]. It is also stated that the account was assigned from Aktiv Kapital to the PRA Group on [date]. The defendant does not recall receiving notice of either assignment.

7. It is denied that HSBC 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.

8: On the 13th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment] .

9. The Claimant has not sent any of these documents to me.

10. On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. 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 ................................

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

I know the numbering is out of sync and there's a few random brackets to remove! Is the numbering best to keep in?

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Hi Blossom,

Yes please post when ready, as Charity has said it's of benefit so leave as close to the dead line perhaps 2-3 days prior.

nem

[Blossom50]

Re: PRA GROUP vs Blossom50 CCJ

Thank you [MENTION=55034]nemesis45[/MENTION] I've posted draft defence above and am grateful for any help you can give. The deadline is Monday so I could submit defence any time now?

[nemesis45]

Re: PRA GROUP vs Blossom50 CCJ

Here's my draft - any advice gratefully received. Thank you!

1: I received the claim [Claim Number] from the Northampton County Court on 30th June 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 Loan/Overdraft agreement regulated under the Consumer Credit Act 1974 It should be made clear that the Loan element here was a regulated by CCA 1974 the OD was not.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and It is denied that the Defendant has entered into an agreement with the Claimant.

4: (a)The claimant is unable to reconcile how the amount claimed has been reached given the consolidation of regulated loan and an unregulated. The claimant is put to proof of the amount claimed and how the figure is made up.
6. The Claimants statement of case states that the account was assigned from HSBC to Aktiv Kapital on [Date]. It is also stated that the account was assigned from Aktiv Kapital to the PRA Group on [date]. The defendant does not recall receiving notice of either assignment.

7. It is denied that HSBC 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.

8: On the 13th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment] .

9. The Claimant has not sent any of these documents to me.

10. On the 13th July 2016 I sent a formal request for a copy of the original agreement to the Claimant pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. 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 ................................

A couple of suggestions as this a consolidation of a regulated loan and an unregulated agreement.
Had the bank made any comments on how it viewed the consolidated debts i.e. as a loan?

nem

nem