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Received a claim? Yes
Issue Date: 31/01/2017
Amount approx: £8660.56 + interest
Claimant: PRA Group (UK) Ltd
Solicitor: Surjit Gida
Original Creditor: Lloyds
Particulars of Claim: The Claimant claims the sum of 8660.56 for debt and interest. On 1/6/94 the defendant entered into an agreement with LLOYDS for a Credit Card under reference xxxxxxx. On 19/7/11 the defendant defaulted on the agreement with an outstanding balance of 9760.94. On 24/6/13 the debt of 9760.94 assigned to Aktiv Kapiral Portfolio AS, Oslo Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of 1672.53 received up to 10/03/2016 AND THE CLAIMANT CLAIMS 1. The sum of 8088.41 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 10/3/16 to 27/1/17 572.15 and thereafter at a daily rate of 1.77 until judgment or sooner payment.
Is the debt Statute Barred? No
List any letters you have sent: see below
Any Other Info:
I do not deny that there is a debt owing to Lloyds , however I had no knowledge that the debt had supposedly been sold to PRA Group.
I apologise for the lengthy posting but I wanted to make you fully aware of all correspondence. What should I do with regards to the summons? Do I need to send CCA request and CPR 31.14 request seeing as documents have already been requested 4 times already?
Many thanks
Issue Date: 31/01/2017
Amount approx: £8660.56 + interest
Claimant: PRA Group (UK) Ltd
Solicitor: Surjit Gida
Original Creditor: Lloyds
Particulars of Claim: The Claimant claims the sum of 8660.56 for debt and interest. On 1/6/94 the defendant entered into an agreement with LLOYDS for a Credit Card under reference xxxxxxx. On 19/7/11 the defendant defaulted on the agreement with an outstanding balance of 9760.94. On 24/6/13 the debt of 9760.94 assigned to Aktiv Kapiral Portfolio AS, Oslo Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of 1672.53 received up to 10/03/2016 AND THE CLAIMANT CLAIMS 1. The sum of 8088.41 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 10/3/16 to 27/1/17 572.15 and thereafter at a daily rate of 1.77 until judgment or sooner payment.
Is the debt Statute Barred? No
List any letters you have sent: see below
Any Other Info:
I do not deny that there is a debt owing to Lloyds , however I had no knowledge that the debt had supposedly been sold to PRA Group.
- I entered into a dmp around May/June 2010 as I had been made redundant for a second time in 12 months. At the same time my wife was six months pregnant and was also under notice of redundancy. I was advised to enter into a dmp as I knew I would not be able to meet all my debts.
- The Lloyds credit card was included in the dmp in approximately June/July 2011. I decided to include this because although I had found employment I was earning a salary £14,000 less. My wife had also been made redundant in December 2010 and therefore without her £25,000 per annum salary we were some £40,000 a year less well off. I found that I could not make the monthly payments required by Lloyds and therefore incorporated the debt into the existing dmp.
- I was notified in early 2016 that the company I had been using for the dmp was no longer authorised by FCA to act therefore I had to make alternative arrangements.
- I received first correspondence from PRA Group on 10/05/2016 advising that they had not received my monthly payment via the debt management company. This is the first I was aware of their involvement.
- On 6/6/2016 I wrote to PRA a notice of conditional acceptance letter. This letter requested the original instrument of indebtedness or proof that the said instrument still exists. It also requested either copies of any bilateral or trilateral contracts or deed or assignment. I wanted to verify whether any claim made against me is lawful. The letter stated a request to provide evidence of my liability and stated that I am happy to effect payment upon receipt of the above mentioned documents.
- On 10/6/2016 I received a letter from PRA. The final paragraph of their letter stated "in relation to your request for information we have contacted the original creditor for a copy of the requested documentation. The account has been placed on 'hold', which means no further collection contact will take place until we have provided a copy of the documentation to you".
- Included with their letter was a leaflet entitled 'requested information about your original credit agreement?'. At the footer of the document is the document reference CCA Consumer Factsheet v2, last updated 13/03/2015. With this leaflet it states 'if you still owe us money and you don't get what you are entitled to after 12 working days then your debt is classified as 'unenforceable' until you get the information you ask for. Please note that PRA will, in many cases, have to refer to the original to request copies of original documentation which can take longer than 12 days to fulfill'.
- On 23/6/2016 I sent a further letter to PRA as they had so far failed to provide any of the requested documentation. I once again requested the documentation, giving them 14 days to respond.
- On 3/10/2016 I received a letter from PRA advising that my account has been passed to their investigations and litigation department to look at my outstanding debt for possible litigation recovery.
- On 18/10/2016 I received a further letter from PRA, advising that because I had failed to respond to their attempts to contact me their account managers would now start a full investigation in my personal circumstances.
- On 23/10/2016 I sent a further letter to PRA. The letter referred to my correspondence dated 6/6/2016 and 23/6/2016 and reiterated the documents I was requesting. I stated that as they had failed to produce the documents thus far it was now my understanding that they are party to a fraudulent act.
- On 31/10/2016 I received a letter from PRA advising that based on their investigations they consider the next course of action to be either legal action to recover the full balance or passing my account to an external debt collection agency to agree a suitable repayment plan with me.
- On 07/11/2016 I wrote to PRA and requested certified copies of the following documents within 14 days. The agreement/contract, default notice, assignment and formal demand.
- On 15/11/2016 I received a reply from PRA. They advised that they have requested the required information and that until this is received they have placed my account on hold, which will cease any further collection activity until further notice. This letter was signed by Carissa Turner, head of collections. Attached to this letter was another copy of the leaflet mentioned previously.
- On 13/1/2017 I received a letter from PRA dated 6/1/2017. This letter advises that once again my account has been transferred to the investigations and litigation department and that this is a letter before claim as required by the Practice Direction on pre action protocols to give me notice of PRA's intention to issue court proceedings.
- I received claim form from Northampton County Court on 2/2/2017 February for the sum of £9170.56.
- We have requested the documentation a total of four times and PRA have failed to supply us with anything.
- At no time were we ever sent a notice of assignment.
- Although their leaflet states that the debt is unenforceable until they supply the requested documents they have failed to supply these or state in writing that they are unable to supply the documents.
I apologise for the lengthy posting but I wanted to make you fully aware of all correspondence. What should I do with regards to the summons? Do I need to send CCA request and CPR 31.14 request seeing as documents have already been requested 4 times already?
Many thanks
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