Court claim form letter pra group

[dean78]

Re: Court claim form letter pra group

ok i little edited to para 10 as per your observation charitynjw.

10:The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

[charitynjw]

Re: Court claim form letter pra group

If it were me I'd add that words to the effect of "In response to my CCA s78 request, on 23/09/2016 the Claimant returned the £1 statutory fee, claiming that it was not necessary".

It highlights the fact at this stage, & you can evidence later that inclusive in that communication are instructions on how to obtain your info via a CCA ss77-79 request.
You couldn't make it up, lol!

[dean78]

Re: Court claim form letter pra group

where would i add the words


In response to my CCA s78 request, on 23/09/2016 the Claimant returned the £1 statutory fee, claiming that it was not necessary.


would it be at the end of paragraph 10 of my defence (post #26)

sorry to keep asking the questions but without your assistance i don't know what i would do.

[charitynjw]

Re: Court claim form letter pra group

That should be ok.

[dean78]

Re: Court claim form letter pra group

ok hopefully this is now all ok,and can be submitted.Could you please just check and let me know please!

The whole process has been a bewildering and overwhelming to me especially ontop of all of my other problems and am eternally grateful for all the help.


1: I received the claim xxxxxxxx from the Northampton County Court on 14 September 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 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 AktivKapital Portfolio on 29/2/12 who then assigned it to PRA Group on the 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 20/09/16.I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to PRA Group legal representative Robert Marr. I requested the Claimant provide copies of The Agreement, Default Notice and Notice of Assignment Proof of payments up to 31/5/12


8: PRA Group legal representative Robert Marr has not sent any of these documents to me.


9:.On the 20/9/16 I sent a formal request for a copy of the original agreement to PRA Group Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10. The Claimant has failed to comply with s78 Consumer Credit Act 1974 and by virtue of s78 Consumer Credit Act 1974 cannot enforce the agreement.In response to my CCA s78 request, on 23/09/2016 the Claimant returned the £1 statutory fee, claiming that it was not necessary.


11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have ignored my request


12. 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.


13. 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.


14. 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.


15. 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 …………………………………………

[charitynjw]

Re: Court claim form letter pra group

Being nitpicky, I would either put PRA Group (UK) Limited where mentioned (if that is the name given on the court claim form) , or alternatively put PRA Group (UK) Limited (PRA) at first mention & refer to them as just PRA subsequently.
Double check re what happened, when it happened etc with your source evidence & if all ok I reckon it's good to go.

[dean78]

Re: Court claim form letter pra group

I just put in my defence with moneyclaim online.Although just realised i forgot to add the date at the bottom of the page.Should that really matter as when you submit the defence with mcol it gives a time and date anyway???

Also on moneyclaim online copy of my defence pdf it has auto filled the date anyway

Am i just over worrying about a small thing?

[dean78]

Re: Court claim form letter pra group

update

i received the acknowledge of my defence from the court.

In the meantime PRA group have sent me what looks like reconstituted/generic cca.Does this fulfill their cca obligation request? i am still awaiting the other documents i requested,so do i just sit and wait?

[MIKE770]

Re: Court claim form letter pra group

if you submitted your defence and it is recorded the clock starts for them to respond within 28 days, might pay to send cca1974 they sent to Nemisis45 or Amy to check for you!

[dean78]

Re: Court claim form letter pra group

ok,should i post up the scanned cca1974 that they sent me for Nemisis45 or Amy to check in this thread or another way?

[dean78]

Re: Court claim form letter pra group

update: pra group have written me a letter saying they have written to the court and wish to proceed with claim

I have uploaded copy of the credit card agreement they sent me.Does that suffice in the the eyes of the court?






They haven't as yet provide me with any other documents that i requested like



Default Notice
Notice of Assignment
Proof of payments up to 31/5/12

I now wonder if i might have been better off admitting the debt and offering to make a small monthly payment i'm on Employment support allowance,rather than all this.It's now getting me very anxious and on top of my other problems that i'm facing like homelessness and ill father going into care home.It is making me sucidal.Please help.

[dean78]

Re: Court claim form letter pra group

can someone please check the credit card agreement they sent me and tell me what they think.And what's likely to happen next in the process.I would be very grateful.

[nemesis45]

Re: Court claim form letter pra group

update: pra group have written me a letter saying they have written to the court and wish to proceed with claim

I have uploaded copy of the credit card agreement they sent me.Does that suffice in the the eyes of the court?






They haven't as yet provide me with any other documents that i requested like



Default Notice
Notice of Assignment
Proof of payments up to 31/5/12

I now wonder if i might have been better off admitting the debt and offering to make a small monthly payment i'm on Employment support allowance,rather than all this.It's now getting me very anxious and on top of my other problems that i'm facing like homelessness and ill father going into care home.It is making me sucidal.Please help.

Hello Dean

Does any part of the alleged agreement have your name and address as it was when the account was opened?

nem

[dean78]

Re: Court claim form letter pra group

Hello Dean

Does any part of the alleged agreement have your name and address as it was when the account was opened?

nem

yes on the first page just under your lender is MBNA paragraph it says my name and address,but for posting it on here i blacked it out.

[nemesis45]

Re: Court claim form letter pra group

yes on the first page just under your lender is MBNA paragraph it says my name and address,but for posting it on here i blacked it out.

When was the account opened Dean?

Interestingly the last document states "above is terms 1, -3 of your terms and conditions ect." The rest ect can be found by clicking on the link above etc.

I can't see those other terms if they are not there then the document is incomplete, this looks like a reconstituted agreement from the layout and your details have been typed in later.

If it is a recon there should be two distinct sets of T's & C's.

nem