PRA Group VS Slee

[MintyUK]

Re: PRA Group VS Slee

Just putting my defence together then I'll post it here this evening for review if that's ok.

Thanks all

[nemesis45]

Re: PRA Group VS Slee

Just putting my defence together then I'll post it here this evening for review if that's ok.

Thanks all

That's fine Minty!

nem

[MintyUK]

Re: PRA Group VS Slee

Thanks Nem, I'm hoping to get this put in tonight, Here is my first draft.


Defence

1: I received the claim xxxxxxxxfrom the Northampton County Court on 14/12/2016.

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 Barclays Bank to PRA Group (UK) Ltd on 17/08/2015. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Barclays Bank 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 28/12/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 18. I requested the Claimant provide copies of the Agreement, Deed of Assignment, Notice of Assignment, the default warning letter and the default notice.

8. On the 10/01/2017 the claimant replied stating they have requested the documentation from the original creditor and the matter has been placed on hold until they have it.


9. On the 13/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Surgit Gida. I requested the Claimant provide copies of the Agreement, Deed of Assignment, Notice of assignment, the default warning letter and the Default Notice.

10. I am awaiting a reply from the Claimaints solicitor Surgit Gida.

11. On the 13/01/2017 I sent a formal request for a copy of the original agreement to PRA Group (UK) Limited pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. I am awaiting a reply from the Claimant.


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.

[MintyUK]

Re: PRA Group VS Slee

Are 10&12 ok as they are? Just looking at getting this sent in as deadline day tomorrow. Thanks all

[MintyUK]

Re: PRA Group VS Slee

Hi,

Finally finished my defence, hope it's right!

Minty


IN THE NORTHAMPTON COUNTY COURT

CASE NUMBER: xxxxxxx

BETWEEN: PRA GROUP (UK) LIMITED AND XXXXX

1. I received the claim XXXXXX from the Northampton County
Court on 14/12/2016.

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 Barclays Bank to PRA Group (UK) Ltd on 17/08/2015.
The Defendant does not recall receiving notice of this assignment.

6. It is denied that Barclays Bank 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 28/12/2016, I sent a request for inspection of documents
mentioned in the claimant’s statement of case under Civil
Procedure Rule 18 to XXXXXX. I requested the Claimant provide
copies of the Agreement, Deed of Assignment, Notice of Assignment,
the default warning letter and the default notice.

8. XXXXXX has not sent these documents to me.

9. On the 13/01/2017, I sent a request for inspection of
documents mentioned in the claimant’s statement of case under
Civil Procedure Rule 31.14 to XXXXXX. I requested the
Claimant provide copies of the Agreement, Deed of Assignment,
Notice of assignment, the default warning letter and the Default
Notice. I am awaiting a reply.

10. On the 13/01/2017 I sent a formal request for a copy of the
original CCA agreement to PRA Group (UK) Limited pursuant to
section 77 of the Consumer Credit Act 1974 along with the
statutory £1 fee. I am awaiting a reply.

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.

[charitynjw]

Re: PRA Group VS Slee

Numbering is wrong (there's no para #11).

Para #10 says s77 CCA.
This claim is for a credit card.
What section of the CCA did you put on the CCA request?

[MintyUK]

Re: PRA Group VS Slee

Numbering is wrong (there's no para #11).

Para #10 says s77 CCA.
This claim is for a credit card.
What section of the CCA did you put on the CCA request?

Hi Charity, I just submitted my defence as I wanted to get some sleep before tomorrow. I put sections 77-79, I hope its good enough..

[MintyUK]

Re: PRA Group VS Slee

Hi All

Just wanted to update the situation. The claim has now been allocated to the small claims court. PRA stated they agree to mediation. I did the same and returned the directions form along with copies to the claimant.

I have to be able to answer yes to the three questions before it can take place.

The problem being, Q2 asks if I have enough information about the claim and do not need further evidence before the appointment.

So far PRA Group have only sent me the doc at the start of this thread. They haven't provided anything I asked for in both the CPR31 & CPR 18 requests I sent them. They have acknowledged receipt of these requests though.

I'm going to email the mediation group stating that I am unable to mediate due to lack of information.

Is this correct? What do I do next? They haven't provided the docs as requested

Thanks

Minty

[charitynjw]

Re: PRA Group VS Slee

Hi Minty

Has Mediation Service contacted you, or are you just preempting things?

[MintyUK]

Re: PRA Group VS Slee

They emailed me today, I need to reply to them via email. Thanks

[charitynjw]

Re: PRA Group VS Slee

Ok

Just tell them that, to date, the Claimant has not disclosed all of the requested documentation.

[MintyUK]

Re: PRA Group VS Slee

Will do, thanks Charity

[MintyUK]

Re: PRA Group VS Slee

Hi

i just had a reply from PRA Group stating that:

We are obliged to inform you that, as we have been unable to comply with your request for information within the prescribed timeframe, your debt is currently deemed unenforceable, and will remain as such, until we are able to fully comply with our obligations.

I'm taking this a being good news for me. Just wondered what to do next?

Thanks

Mjnty

[Diana M]

Re: PRA Group VS Slee

i just had a reply from PRA Group stating that:

We are obliged to inform you that, as we have been unable to comply with your request for information within the prescribed timeframe, your debt is currently deemed unenforceable, and will remain as such, until we are able to fully comply with our obligations.

I'm taking this a being good news for me. Just wondered what to do next?

It's good news in a way but it's not the end of the matter.

It seems from your post on 20th February that you planned to reject Mediation so did you do that?

If so the next step would be for NCCBC to send you a Notice of Transfer to your local court.

After that you will receive a Notice of Hearing with Directions which will include the hearing date (obviously) and the deadline for filing Witness Statements.

The court remains in charge of the timetable.

The Trial date will depend on your area and that court's backlog.

You've received a letter from PRA which says they haven't got your CCA (so not complied with your s.78 Request) at this moment in time. That doesn't mean they won't come up with it or an acceptable reconstituted version by the time this case gets to Trial.

I'm not being a party pooper, I'm just telling you straight what lies ahead in order to manage your expectations

Di

[MintyUK]

Re: PRA Group VS Slee

Hi Di

many thanks for you reply.

i didn't go to mediation as I didn't have any supporting documentation from PRA to a defend myself. It was one of the 3 questions the mediation team put out that I had to be able to say yes to, so that mediation could take place.

I also put a SAR request into Barclays and they sent me all the docs that they have. It's just sheets of payments, made between 2012-2013. No CCA etc


Regards

Minty