*** CLAIM DISMISSED *** Pra Group Letter Before Claim Received

[Minnie1516]

Re: Pra Group Letter Before Claim Received

That's what I was thinking! I sent the letter exactly as [MENTION=6]Amethyst[/MENTION] post so don't really understand the response. Any advice would be really helpful 😊

[Amethyst]

Re: Pra Group Letter Before Claim Received

I think I would reply saying thank you for your letter however I am somewhat confused as to why you mention the deed of novation as my letter only asks for the following documents … And to list them. These documents should be in your clients control prior to having bought the court claim against me and therefore should have no difficulty in supplying them… or something along those lines.

[charitynjw]

Re: Pra Group Letter Before Claim Received

That's what I was thinking! I sent the letter exactly as @Amethyst post so don't really understand the response. Any advice would be really helpful 

I think I would reply saying thank you for your letter however I am somewhat confused as to why you mention the deed of novation as my letter only asks for the following documents … And to list them. These documents should be in your clients control prior to having bought the court claim against me and therefore should have no difficulty in supplying them… or something along those lines.

& request they discontinue the claim?

Edit
Have read back......this is just a 'letter before claim' (I'm confusing it with another thread...apologies)

[Minnie1516]

Re: Pra Group Letter Before Claim Received

So I should reply with this, just not the bit about the court claim, as this was just a letter before claim? Sorry, just want to check to make sure my response is the right one! Thanks in advance for all your help 😊

[charitynjw]

Re: Pra Group Letter Before Claim Received

So you have never received a Notice of Assignment? (A letter, usually via the original creditor or the new owner [assignee], stating that the debt has been sold to the assignee)

[Minnie1516]

Re: Pra Group Letter Before Claim Received

No, I have never received a Notice of Assignment, the first letter I received was the Letter Before Claim which had the wrong postcode so whether this is why I'm not sure?

[charitynjw]

Re: Pra Group Letter Before Claim Received

IMHO

Resend the CCA request as before, with PO, & use SignedFor post.

Incorporate Ame's suggestion (post #17) & head it '2nd attempt at CCA request' or similar.

[Minnie1516]

Re: Pra Group Letter Before Claim Received

That's great, thank you for all the advice so far. So the CCA 2nd request and the clarification of the documents I have previously asked for can be combined in one letter?

[charitynjw]

Re: Pra Group Letter Before Claim Received

That's great, thank you for all the advice so far. So the CCA 2nd request and the clarification of the documents I have previously asked for can be combined in one letter?

I take it that their recent letter was in response to your CCA request, as they returned your £1.
Could you confirm?

If so, the 2nd request will (should) be asking for a copy of the original agreement, T&C's at inception + any subsequent variations & a statement of the account. (as per template)
Just add to it the gist of Ame's post #17, & head it '2nd attempt for CCA request for documents', or something like that.

[Diana M]

Re: Pra Group Letter Before Claim Received

So the CCA 2nd request and the clarification of the documents I have previously asked for can be combined in one letter?

You've sent a valid CCA Request.

Receipt of this has been acknowledged by a letter from PRA.

Your CCA request remains valid regardless of the fact they have chosen to send back your postal order. You complied with the statutory requirement to send it to them.

You've sent a LBA Response letter asking for various/specific documents.

PRA's response has been to quibble over the wording. You didn't ask them to provide you with any "novation".

Both your requests appear to be valid. PRA appear to not have complied with both/either of your requests. That's their problem not yours isn't it?

Nothing is gained by repeating yourself.

Di

[Minnie1516]

Re: Pra Group Letter Before Claim Received

Hi Di,

Thank you for your advice. As PRA have not complied with my requests, where does this leave me, in your opinion? And I should wait for them to contact me again, rather than send another letter clarifying the documents I have previously requested?

Thank you in advance 😊

[Minnie1516]

Re: Pra Group Letter Before Claim Received

[MENTION=5553]charitynjw[/MENTION]The response letter was headed 'Request for Copy of Agreement' so I think that was in response to my CCA request. Thanks for your advice 😊

[charitynjw]

Re: Pra Group Letter Before Claim Received

Hi Di,

Thank you for your advice. As PRA have not complied with my requests, where does this leave me, in your opinion?
If they have not complied with the CCA request, they cannot enforce the debt unless/until they do comply.
Non compliance with your CPR disclosure request doesn't reflect at all well on them, either.
And I should wait for them to contact me again, rather than send another letter clarifying the documents I have previously requested?

Thank you in advance 

[MENTION=87380]Diana M[/MENTION] & I have different thoughts on your second question.
I do agree with the sentiment that you have made a lawful request, they are non-compliant, end of.
But I can also envisage a scenario where they rock up to court, compliant docs in their grubby mits, claiming admin error or somesuch, & "while we are here, let's sort it out like reasonable peeps".
A second letter imho would, if they are again non-compliant, show them up to be inept/feckless.
But you do risk the possibility that they will somehow get their act together & actually produce the asked-for documentation.

[Diana M]

Re: Pra Group Letter Before Claim Received

@Diana M & I have different thoughts on your second question.
I do agree with the sentiment that you have made a lawful request, they are non-compliant, end of.

My thoughts aren't really that different from yours. There's more than one way to skin a cat

I also take your point that they might say to the DJ that their non compliance with an Act of Parliament (s.78 CCA 1974) was an "admin error". I would hope the DJ's response to that would be "Nice Try".

How about a compromise.

Send PRA another CCA Request with a £1 postal order by Royal Mail Recorded Delivery so there can be no question of ambiguity. Don't add anything and don't tweak anything.

You responded to their LBA (you've not got a claim yet) and they've given you a less than helpful reply. There are no sanctions for them doing that. If a claim is issued then you'll be sending them a CPR 31.14 request. If they don't respond sensibly to that letter then you can give them a hard time at that point.

Di

[charitynjw]

Re: Pra Group Letter Before Claim Received

There's more than one way to skin a cat Di

So I checked!

http://motherboard.vice.com/read/how...-to-skin-a-cat

Shannan Muskopf breaks it down further for us. She's the author ofAnatomyCorner.com and a biology teacher at Granite City High School outside of St. Louis.
“I would have to stick with the two main ways,” she wrote in an email. “Either from the ventral (belly) side of the cat, which is my preferred method, or going from the dorsal or the back side. The skin is looser at the abdomen which makes it easier to lift from the underlying muscle. I've attached a rudimentary drawing of how I would approach the skinning of the cat.”