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PRA GROUP vs Blossom50 CCJ

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  • #31
    Re: PRA GROUP vs Blossom50 CCJ

    Originally posted by Blossom50 View Post
    Thanks nemesis. Hope you're well today. I've reworked my defence based on your suggestions - if there's anything else I need to add please let me know. Thank you again.


    1: I received the claim Cxxxxxx 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. The loan element of the amount was regulated under the Consumer Credit Act 1974 but the overdraft was not. The defendant is unable to reconcile how the amount claimed has been reached given the consolidation of regulated loan and an unregulated overdraft. The claimant has yet to prove the amount claimed and how the figure is made up.

    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 I would leave this out. when a debt is sold the purchaser inherits the rights and obligations of the original agreement.

    5: The Claimants statement of case states that the account was assigned from HSBC to Aktiv Kapital. It is also stated that the account was assigned from Aktiv Kapital to the PRA Group. The defendant does not recall receiving notice of either assignment.

    6: 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.

    7: 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.

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

    9: 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.

    10: 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.

    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: 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.

    13: 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.

    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 ................................
    Hello Blossom,

    Just para 4. It's not needed.

    nem

    Comment


    • #32
      Re: PRA GROUP vs Blossom50 CCJ

      Originally posted by nemesis45 View Post
      Hello Blossom,

      Just para 4. It's not needed.

      nem
      Thank you so much. You're a legend. Will submit today!

      Comment


      • #33
        Re: PRA GROUP vs Blossom50 CCJ

        Afternoon all. Thanks so much for all help received so far. Small update after submitting defence - PRA group have written to me saying they have written to the court saying they intend to continue with the claim after receiving my defence. This worries me - I hoped they wouldn't! What's likely to happen next? (Letter was from Robert Marr).

        Comment


        • #34
          Re: PRA GROUP vs Blossom50 CCJ

          Hello all. Would appreciate some advice after my latest development. I've been sent a directions questionnaire from the court - due to be returned by 2nd September. Which bits should I fill out? Just to clarify filed my defence, then had letter from Robert Marr at PRA saying they were going to continue with the claim. They haven't sent any documents asked for and returned the £1 fee when I did the CCA request. I know I return the form to the court and also send a copy to PRA too?

          Thanks in anticipation. If you're able to help once again [MENTION=55034]nemesis45[/MENTION] that would be amazing.

          Comment


          • #35
            Re: PRA GROUP vs Blossom50 CCJ

            Originally posted by Blossom50 View Post
            Hello all. Would appreciate some advice after my latest development. I've been sent a directions questionnaire from the court - due to be returned by 2nd September. Which bits should I fill out? Just to clarify filed my defence, then had letter from Robert Marr at PRA saying they were going to continue with the claim. They haven't sent any documents asked for and returned the £1 fee when I did the CCA request. I know I return the form to the court and also send a copy to PRA too?

            Thanks in anticipation. If you're able to help once again @nemesis45 that would be amazing.
            Hello Blossom.

            Returning the CCA stat fee does not free them of the obligation under sect. 77/78/79 of CCA 1974.

            Yes copy to claimants sols and the court.
            Which bits are you stick on?

            nem

            Comment


            • #36
              Re: PRA GROUP vs Blossom50 CCJ

              Sorry I should have said - I just wanted to check it's yes to small claims track and yes to mediation I think - do I need to say anything else?

              Thanks for confirming about obligations. The account was started in 1996 so wouldn't imagine it would be easy for them to obtain anything!

              Comment


              • #37
                Re: PRA GROUP vs Blossom50 CCJ

                Originally posted by Blossom50 View Post
                Sorry I should have said - I just wanted to check it's yes to small claims track and yes to mediation I think - do I need to say anything else?

                Thanks for confirming about obligations. The account was started in 1996 so wouldn't imagine it would be easy for them to obtain anything!
                Ok Yes to SCY, Yes to mediation, no to contesting jurisdiction, 1 witness i.e. you. No expert witnesses, your nearest count court for hearing.

                Any dates that you cannot attend court.

                nem

                Comment


                • #38
                  Re: PRA GROUP vs Blossom50 CCJ

                  Fantastic. Thank you again. Wish I could buy you a beer to say thanks!

                  Comment


                  • #39
                    Re: PRA GROUP vs Blossom50 CCJ

                    Originally posted by Blossom50 View Post
                    Fantastic. Thank you again. Wish I could buy you a beer to say thanks!
                    Happy to help:tinysmile_twink_t2:

                    nem

                    Comment


                    • #40
                      Re: PRA GROUP vs Blossom50 CCJ

                      Hello all and [MENTION=55034]nemesis45[/MENTION] here again for an update!

                      Have received an email about a proposed mediation date for next month. It says on email if I can answer yes to 3 questions mediation can go ahead - but one of the questions is do I have sufficient evidence for mediation. I know this answer is no as I haven't been sent any documentation asked for. It says I'll get a call within 8 days to clarify the appointment or I can email them to say if I believe it can go ahead I'd not. Simple question - should I wait for the call or email them?!

                      I understand next stage would be court date, then hopefully no documents being produced and it getting thrown out. Hopefully. Thanks in advance for help once again!

                      Comment


                      • #41
                        Re: PRA GROUP vs Blossom50 CCJ

                        Hi again. Hoping to get some advice if possible please. Just spoke to mediations and confirmed I did not have sufficient evidence to go ahead with mediation. They advised me to contact the other side to ask for it again. She said it would then be transferred to my local court and mediation may still go ahead.

                        So what should my next move be - do as they say and ask for the information again? I obviously don't want them to have it and don't want them to have the extra chance! I'm a bit confused to be honest. Thank you so much.

                        Comment


                        • #42
                          Re: PRA GROUP vs Blossom50 CCJ

                          Just bumping to ask if anyone can help please. Thank you!

                          Comment


                          • #43
                            Re: PRA GROUP vs Blossom50 CCJ

                            That's absolutely fine. Mediation will let the other side know that they couldn't go ahead with mediation due to the lack of information so now I would wait for your local court to send you the hearing date and directions.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #44
                              Re: PRA GROUP vs Blossom50 CCJ

                              Thank you Amethyst! So I don't need to ask for information again or let the mediation team know anything? How long roughly would a hearing date take or is that a piece of string question? I only ask as I'm moving house in a few weeks so wouldn't want to miss any important letters.

                              So assuming by the time a court date comes and no paperwork from other side -then hopefully it gets thrown out?

                              Comment


                              • #45
                                Re: PRA GROUP vs Blossom50 CCJ

                                It is a bit of a piece of string question but usually you'd get a hearing date letter within a month, possibly for in two/three months time. You should inform the court and the claimant of your change of address when you move, you can mention that you have still not received the documentation from the claimants when you do that letter
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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