Court claim with PRA

[Bingbunny]

Hi, I'm new on here and hope someone can help me and that I have posted in the correct place or maybe someone can point me in the right direction please.
I have managed to get a court order from PRA i havent been in a great place in the last few years so have ignored all phone calls from Them as there were a lot and now finding hard to decipher info I've got from websites as to what to do. Can any one help please ?
Basics are:
Credit card debt with MBNA- agreement in 2004 I made payments until early 2012 when my finances changed was talking to MBNA but they sold to. Aktiv in 2012. I moved soon after and gave details to them they offered me a settlement but higher than I could afford, by this time I wasn't paying anything and due to personal circumstances couldn't deal with the calls etc. I moved from that address in 2013 and my ex partner gave me a letter from PRA on 26th December with court order. The debt about is over £8000 and with the interest they have added from 2012 to now and the court fees they are requesting £12000 I had no previous correspondence given to me and so wrote asking for copy of my agreement using CR 31.14 request. I gave new address and new surname( I have reverted back to my maiden name ) They have replied 2.5 weeks later saying they had received copy of court defence (which I did on line in a panic and stated I had not Received any information from PRA and I have contacted them to request) and that they have written to court to say they wish to proceed with the claim.
Really don't know what to do I have no funds and will not be able to pay the money and do not want CCJ.
They have not mentioned the agreement at all. Do I write again? It's all frightening and I don't know what to do next.
Just wondered if anyone could help or point me in the correct direction.

[charitynjw]

Re: Court claim with PRA

Hi Bungbunny & welcome to LB.

Have you sent a CCA s78 request to PRA yet?
If not, do so asap. (See example in the green box at the top of this thread).

You may need to amend your submitted defence, but you may be eligible for court fee remission.
https://www.gov.uk/get-help-with-court-fees
I believe this can now be applied for online.

Btw, I've noted it is a ~£12k claim.

[Diana M]

Re: Court claim with PRA

It may seem frightening to you because you fear the worst which may never happen

I can see you've sent a CPR 31.14 Request to get a copy of your agreement.

It seems you haven't sent a s.77-79 CCA Request so do that immediately.

Has PRA instructed solicitors or has this claim been issued by their in house legal team?

You say that they've told the court they intend to continue with the proceedings, but have you been sent a Directions Questionnaire yet?

Di

[nemesis45]

Re: Court claim with PRA

Good evening, welcome to LB,


Has the claim the claim been allocated to a track yet.

Have you sent PRA a request for a copy of the agreement (CCA request) + the £1 statutory fee? If not do so now.
There's a template in the green box above use a postal order for £1 "marked for statutory fee only".

Can you post redacted copy of the claim form please remove claim number, and your name and address.

Is there a solicitor / legal rep. mentioned? If so send a copy of the CCA request (no fee) to them as well.

What forms/directions have you received from the court so far?

nem

[Bingbunny]

Re: Court claim with PRA

Thank you very much, will get this letter done today to post tomorrow morning and submit a amended defence.

[charitynjw]

Re: Court claim with PRA

Re the amended defence, hold fire for the moment.
The info provided was for you to look into the possibilities.
It's not usually a good idea to 'knee-jerk'.....it could end up being a costly reaction.

[Bingbunny]

Re: Court claim with PRA

I'm doing the CCA letter tonight and send tomorrow.
its PRA in house legal team
only received PRA letter today saying proceeding, no Directions Questionnaire yet

thank you

[Diana M]

Re: Court claim with PRA

will get this letter done today to post tomorrow morning and submit a amended defence.

Almost right

Do the CCA Request but you can't file an Amended Defence without making an application to court for permission. If you file it without permission the court will reject it.

If this is a £12k claim then it's likely to be allocated to the Fast Track where things are dealt with in a different way to the Small Claims Court.

The best thing to do is break this problem down into bite-sized chunks and deal with each one at a time.

Get the CCA Request off as that will give you some legal protection for now. It will also give PRA something to think about

Then deal with everything else in a logical order.

It will depend on what response comes back to your CCA Request whether you need to file an Amended Defence (sooner rather than later) or serve them with a Part 18 Request first.

You're unlikely to get the court to give you permission to file a second Amended Defence (if you get this one wrong) so you need to get this right.

Like I said, take this one step at a time.

Di

[charitynjw]

Re: Court claim with PRA

I'm doing the CCA letter tonight and send tomorrow.
its PRA in house legal team
only received PRA letter today saying proceeding, no Directions Questionnaire yet

thank you

CCA request + £1 fee to the Claimant. (Name/address per court claim form).
You can send a copy to the legal rep (for info only - no fee with this one) with a covering letter.
Get proof of posting for both

[Bingbunny]

Re: Court claim with PRA

Thank you will do, trying not to panic.

- - - Updated - - -

Letter done, will send tomorrow, no solicitor as PRA in house

[Diana M]

Re: Court claim with PRA

its PRA in house legal team
only received PRA letter today saying proceeding, no Directions Questionnaire yet

Okay, so it's relatively early days.

In the Fast Track the normal CPR timetable is 30 weeks from allocation of the claim until the Trial Hearing. It can sometimes take longer depending on who throws what legal distractions into the mix.

You've not even reached the allocation stage yet so you can draw breath for now

Di

[Bingbunny]

Re: Court claim with PRA

Ok thank you going to write a list and do each bit at a time. CCA letter first.

[Diana M]

Re: Court claim with PRA

trying not to panic.

You've no need to panic.

Issuing a claim and winning the case are world's apart.

PRA will have to prove they have the legal right to make the claim in the first place, so calm down and buckle up for the ride.

I'm sorry your ex partner decided to give the claim to you on Boxing Day. That must have ruined your Christmas holiday fun.

There are things you can do to fight this but it's not a good idea to overload you with too much stuff all in one go.

First will come the questions to get the background, and then will come the options for you to consider before making your choice on what you would like to do.

Di

[Bingbunny]

Re: Court claim with PRA

Thank you for replying as advised will be sending CCA letter tomorrow
its in house PRA legal team.

Do do I still need upload copy of claim?

Nothing from rom court since acknowledge ment of my hastily submitted defence

[Diana M]

Re: Court claim with PRA

going to write a list and do each bit at a time.

Good plan.

That's more or less how I do my job

You're sounding more in control of the situation than you were 40 minutes ago.

Di