* CLAIM DISMISSED * Pra Group Letter Before Claim Received

**charitynjw** · 11th July 2016, 23:27:PM

Re: Pra Group Letter Before Claim Received

Hi Minnie1516 & welcome to LB.

Just to clarify, is this just a letter before claim from PRA, or is it an official county court claim issued by Northampton court.

Also, can you recall (& if necessary, prove) the last time you paid into the account, or acknowledged it in writing? (Including any debt management plans etc if applicable)

**Minnie1516** · 12th July 2016, 06:18:AM

Re: Pra Group Letter Before Claim Received

Hi, thank you for the speedy response!

To confirm, this is just a letter before action. I think this relates to a Virgin card which I last made a payment on at the beginning of 2012. I was made redundant twice in a short space of time. I haven't acknowledged/paid since then. I don't have any paperwork relating to this card either.

Any advice you could give would be great!

**Stu** · 12th July 2016, 06:24:AM

Re: Pra Group Letter Before Claim Received

Originally posted by Minnie1516 View Post

Hi, thank you for the speedy response!

To confirm, this is just a letter before action. I think this relates to a Virgin card which I last made a payment on at the beginning of 2012. I was made redundant twice in a short space of time. I haven't acknowledged/paid since then. I don't have any paperwork relating to this card either.

Any advice you could give would be great!

Unfortunately if your date of 2012 is correct then the debt is not Statute Barred ...

They might be just trying to give you a jump in to acting on it and paying without hassle to themselves ..

You could leave it and see what they do, they may not come back ... or send them a CCA request http://legalbeagles.info/forums/show...y-of-Agreement

And send recorded delivery get proof of posting and also a £1 postal order marked with "statutory fee only"

**pt2537** · 12th July 2016, 06:30:AM

Re: Pra Group Letter Before Claim Received

Originally posted by Stu View Post

Unfortunately if your date of 2012 is correct then the debt is not Statute Barred ...

They might be just trying to give you a jump in to acting on it and paying without hassle to themselves ..

You could leave it and see what they do, they may not come back ... or send them a CCA request http://legalbeagles.info/forums/show...y-of-Agreement

And send recorded delivery get proof of posting and also a £1 postal order marked with "statutory fee only"

Id also say that it would be worth replying asking for copies of the agreement under the pre action protocol, id also ask for the default notice and any other documents they intend to rely on.

Id also make the request under s78 Consumer Credit Act as advised above

**charitynjw** · 12th July 2016, 06:49:AM

Re: Pra Group Letter Before Claim Received

I agree with Stu & pt.

Shake the tree, see what falls out!

**Minnie1516** · 12th July 2016, 12:18:PM

Re: Pra Group Letter Before Claim Received

Thank you so much for all of your advice and help so far.

I will send the CCA request as advised, thanks for the template link. With regards to the other letter about requesting documents on which they intend to use, is there a template for this that you would recommend? Also, should these letters be sent seperately?

Sorry for all the questions, just so worried about this. Thanks again for your help.

**Amethyst** · 12th July 2016, 12:30:PM

Re: Pra Group Letter Before Claim Received

It would be similar to the CPR 31.14 letter but quoting CPR 31.16 - two mins I'll put something together

And yes the letters should go separately.

**Amethyst** · 12th July 2016, 12:37:PM

Re: Pra Group Letter Before Claim Received

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents - CPR 31.16 - Pre-Action Disclosure

On xx/xx/xxxx I received a Letter before Action from yourselves following which I require inspection of documents you intend to rely on in the intended proceedings.

I require copies of the;

1. Agreement / Contract
2. Default Notice
3. Notice of Assignment
4. Statement of Account showing last payment made.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.16 request.

I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to consider my position and enable the parties to fulfill their obligations under the pre-action protocols. You will be aware that the court has the power to order a person who appears to the court to be likely to be a party to legal proceedings to disclose documents which are relevant to an issue arising or likely to arise out of that claim

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

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

I look forward to hearing from you.

Yours sincerely

Your Name

**Minnie1516** · 12th July 2016, 15:25:PM

Re: Pra Group Letter Before Claim Received

That's fantastic. Thank you so much everyone for all your advice so far.

I'll get those letters sent off tomorrow.

Would anyone have any ideas to the likely outcomes/replies? It really has helped me having all of this advice 😊

**Stu** · 12th July 2016, 15:38:PM

Re: Pra Group Letter Before Claim Received

I don't think anyone could say one way or the other... In my own experience with a "Letter before claim" I sent the CCA request to a company called Lowell and it was ignored by them and they started proceedings anyway... However it's not all doom and gloom just because they have taken that action, no response to CCA no action taken at court and many many cases end in Discontinuance, they just push and scare with their letters in the hope we give in but thankfully there is Legal Beagles and the folk here don't take to kindly to that sort of behaviour .... Can I get an Amen brother

**Minnie1516** · 12th July 2016, 17:38:PM

Re: Pra Group Letter Before Claim Received

Its so good that LB gives fantastic advice! Guess it will just be a case of sending the letters and see what happens.

Does anyone have any experience with PRA Group and which address I should send my letters to? There are 2 different addresses on the letter - registered office address and a payment address. Sorry for all the silly questions!

**Minnie1516** · 14th July 2016, 08:31:AM

Re: Pra Group Letter Before Claim Received

Letters sent recorded delivery this morning 😬 I will post any updates as I will need the advice of all you lovely people again! Thanks so much for all your help so far.

**Minnie1516** · 23rd July 2016, 23:30:PM

Re: Pra Group Letter Before Claim Received

Hi again!

I have received this reply from PRA Group:

I am in receipt of your correspondence in relation to the above and have requested the required information.

With respect to your request to be provided with a certified copy of the Deed of Assignment and Deed of Novation as these documents include sensitive commercial information in relation to our business we are not obliged to provide you with this information.

I have enclosed your payment of £1.00 as this was not required to carry out the request.

We will contact you to provide an update as soon as possible but if you have any questions please telephone us on....

Is this correct that they are not obliged to provide these documents? The letter also contained a fact sheet on what information they should provide and about 'unenforceable' debt and what they can still do.

Should I just wait until I hear from them again or is there anything else I should do?

Any advice you have would be great 😊

**charitynjw** · 24th July 2016, 07:26:AM

Re: Pra Group Letter Before Claim Received

Hi Minnie

If you sent [MENTION=6]Amethyst[/MENTION] 's PAP letter (post #9), where the dickens did they get 'deed of assignment' & 'novation' from?

* CLAIM DISMISSED * Pra Group Letter Before Claim Received