Court claim form letter pra group

[dean78]

Hi Folks

I'm new here and am very scared and confused at the moment as to what to do.I got so many problems at the moment (dad is very ill dementia.i will need somewhere else to live.i suffer from depression anxiety)and this one is bringing my to my wits end.I received a court letter on friday. Issue date of letter is 12 september it is about an old credit card (sony card)debt i had with mbna.

The particulars of the claim

The claimant claims the sum of 1829.92 for debt and interest.On 7/8/07 the defendant entered into an agreement with MBNA for credit card reference xxxxxxxxxxxxx36.On 30/6/09 defendant defaulted on the agreement with an outstanding balance of 1483.50.On 29/2/12 the debt of 1483.50 assigned to Aktiv Kapital Portfolio AS Oslo,Zug Branch,who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14.Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.Payments of 120.00 received up to 31/5/12 AND THE CLAIMENT CLAIMS 1. The sum of 1363.50 2.Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 31/5/12 to 9/9/16 466.42 and thereafter at a daily rate of 0.30 until judgment or sooner payment.

amount claimed 1829.92 court fee 105.00 legal representatives cost 80.00 total amount 2014.92


I haven't responded yet because i don't really know what would be the best option.Should i try to defend the claim and ask for the cca and cpr.Or admit the debit and make a very small offer.I am on employment support allowance at the moment so can't afford to pay hardly anything.

really appreciate anybodys advice and help

[Kati]

Re: Court claim form letter pra group

to LB [MENTION=91313]dean78[/MENTION]. Definitely appeal if you think you can cope (we'll help all we can :nod: xx)

Here's a link to your first steps - http://legalbeagles.info/forums/show...it-Court-Claim
You need to acknowledge the claim asap and state your intention to defend in full (you can come to an agreement later on if you feel the need) ... there's no need to put in a defence at this stage, but you will need to make a note of any passwords for MCOL.
CCA request with a £1 postal order (for a copy of your original agreement) goes to the claimant
CPR request (for any documents mentioned in the PoC) goes to the claimant's solicitor ... YOU can ask for the AGREEMENT the NOTICE OF DEFAULT and the NOTICE OF ASSIGNMENT (possibly proof of payments too :noidea

Have you looked at your credit file (to see if this debt is showing)? Noddle is free

If the default date is correct on the POC (30/06/09) and you have not paid anything towards or acknowledged this debt in writing then it should be 'statute barred' (which is an absolute defence I believe) ... did you, as they state, continue to make payments until 2012?

I'll tag [MENTION=6]Amethyst[/MENTION] and [MENTION=87380]Diana M[/MENTION] for you (they'll take you through the whole process ) xx

[dean78]

Re: Court claim form letter pra group

thank you for replying Kati

means alot at this difficult time to have some guidance and advice on something that i dont really have a clue about.

I am just signing up to noodle as i type so will know a bit then

regarding the default date that is correct however i have checked through my old bank statements and i did make some payments to experto credite for £40 for a couple of months and can only assume pra group are saying that payments of 120 received up to 31/5/12 although can't be sure.I sure kick myself for that as it would now be statute barred

[Kati]

Re: Court claim form letter pra group

I'll also tag [MENTION=48934]Debt Camel[/MENTION] (she might have some ideas too) xx

[dean78]

Re: Court claim form letter pra group

checked noodle it doesn't appear on there.

where do i send the cpr request to - the claiments solicitor Robert Marr hasn't provide an address.

should i send a cca request and cpr to same address? the only address i have on the claim form is

PRA Group (UK) Limited
15-17 Elmfield Road
Bromley
BR1 1LT

[Kati]

Re: Court claim form letter pra group

checked noodle it doesn't appear on there.

where do i send the cpr request to - the claiments solicitor Robert Marr hasn't provide an address.

should i send a cca request and cpr to same address? the only address i have on the claim form is

PRA Group (UK) Limited
15-17 Elmfield Road
Bromley
BR1 1LT

Mr Marr may be an in-house legal guy :nod: ... if that's the address on the claim form, then send both to that. Take copies of the letters (and £1 PO) if you can for your records and send recorded delivery to get proof of them receiving them xx

[dean78]

Re: Court claim form letter pra group

just acknowledge the claim on mcol just doing the letters and am little stuck on the cpr letter what documents can i request?

[Kati]

Re: Court claim form letter pra group

just acknowledge the claim on mcol just doing the letters and am little stuck on the cpr letter what documents can i request?

post #2 xx

CPR request (for any documents mentioned in the PoC) goes to the claimant's solicitor ... YOU can ask for the AGREEMENT the NOTICE OF DEFAULT and the NOTICE OF ASSIGNMENT (possibly proof of payments too :noidea

[dean78]

Re: Court claim form letter pra group

thanks heaps really helps

[dean78]

Re: Court claim form letter pra group

sorry for the questions.I just don't want to get something wrong on the cpr letter what date do i put down in the paragraph

ahead of filing my defence on XX XXXX 201X.

EDIT ahh think it would be 28 days from issue date on claim form so would be 10/10/2016 correct?

[dean78]

Re: Court claim form letter pra group

one other question before the letters are winging there way.on the cpr letter do i delete this paragraph before sending the letter or keep it in the cpr request,i really want to get the letters sent asap now.so would really appreciate it if somebody can answer this question.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

[dean78]

Re: Court claim form letter pra group

i want to catch the post today do i include this paragraph in the cpr request letter or not only in the template guides it says to delete all in red For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

kati can you advise please

[Kati]

Re: Court claim form letter pra group

sorry for the questions.I just don't want to get something wrong on the cpr letter what date do i put down in the paragraph

ahead of filing my defence on XX XXXX 201X.

EDIT ahh think it would be 28 days from issue date on claim form so would be 10/10/2016 correct?

you could just leave the "on XX/XX/XXXX" out ... it's 33 days from issue date (28 + 5 for service) xx

[dean78]

Re: Court claim form letter pra group

thanks for the date query cleared up kati what about the this red paragraph should i leave it out or include? For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

[Kati]

Re: Court claim form letter pra group

if you leave it in (which I would) you need to send a copy of the cca request to them at the same time as the cpr :noidea: ... it's your choice xx