**DISMISSED** Pra group lifted the court stay i defended on money claim on line

[charitynjw]

Re: Pra group lifted the court stay i defended on money claim on line

I thought they were supposed to have sent me the requested documents within the 7 days, should i tell the court that they have not sent them and not replied to my CPR Request or shall i just sit tight.

There is no defined sanction for non-compliance with a CPR 31 request (unlike, for instance, non-compliance with a CCA request).
However, they are under an obligation to disclose evidence.
You can point out their failure to the court.
The judge will decide how serious their failing is, & how it impacts on their claim & your defence.
In some cases, it could be fatal to the claim.

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Thank you Charitynjw

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

In the meantime I have sent off the directions questionnaire regarding the case being heard for smalls claims track. I have ticked the mediation box.

What has happened with this claim since your last post on 6th October?

You've started a new thread which suggests the proceedings are ongoing and the Claimant has disclosed documentation which means you may need to file an Amended Defence (I can't be certain without knowing what's developed since October).

Has a Trial date been listed and have Witness Statements been filed?

Is PRA still managing the claim in-house or have they instructed solicitors to represent them such as Howell Jones or Judge & Priestley?

Your new thread > http://legalbeagles.info/forums/show...l=1#post769785

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

The hearing is dated 2nd march 2018 at dudley. I have received the claimants bundle and documentation. I have almost completed mine and it will be sent out on the 2nd jan as i have till the 4th january to submit it. They have obtained the credit card details and agreement etc directly from mbna. Not sure if that is a breach of data protection as they never asked for my permission. THEY ARE USING THEIR OWN LITIGATION OFFICER. I GOT HIS HIS WITNESS STATEMENT, TOGETHER WITH THE BUNDLE OF DOCUMENTATION. LOADS OF ERRORS, MISTAKES AND MISSING DEED FROM VARDE TO AKTIV KAPITAL
OTHER TWO DEEDS, ONE UNDATED THE OTHER JUST HAS ONE SIGNATURE.

[warwick65]

Re: Pra group lifted the court stay i defended on money claim on line

That seems a very long lag time between serving docs and trial date

I doubt the data protection issue would have legs as assignment is very common and sharing data is usual - it certainly wasn't pick up in my case by my solicitor who is an expert in her field

The article below explains that sometimes you just need to bite the bullet and engage a lawyer


https://justbeagle.com/news/Do+you+r...call+a+lawyer+

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

The hearing is dated 2nd march 2018 at dudley. I have received the claimants bundle and documentation. I have almost completed mine and it will be sent out on the 2nd jan as i have till the 4th january to submit it. They have obtained the credit card details and agreement etc directly from mbna. Not sure if that is a breach of data protection as they never asked for my permission. THEY ARE USING THEIR OWN LITIGATION OFFICER. I GOT HIS HIS WITNESS STATEMENT, TOGETHER WITH THE BUNDLE OF DOCUMENTATION. LOADS OF ERRORS, MISTAKES AND MISSING DEED FROM VARDE TO AKTIV KAPITAL
OTHER TWO DEEDS, ONE UNDATED THE OTHER JUST HAS ONE SIGNATURE.

It seems PRA are running circles around you and taking advantage of your lack of legal knowledge.

If they've disclosed documents after you filed your original Defence in March 2016(?) then you may need to file an Amended Defence (that's what my firm would probably do in this situation). You cannot raise new legal arguments in a Witness Statement.

I assume you have Directions from the court which gives you a deadline for filing/serving your WS by 4th January so I strongly advise you to seek professional legal help asap.

PRA don't need your permission to ask MBNA for your credit agreement. There has been no breach of the Data Protection Act.

What matters is what documents they have produced purporting to be a compliant credit agreement. In my case both were "reconstituted" and both were declared "irredeemably unenforceable" by the Judge (Recorder) because the paperwork produced was not the documents which I had signed even though my signature was on both of them.

Have they produced an Application Form as the credit agreement? Have they said it's a reconstituted document or a is it a scanned copy of the original (front page only) with separate Ts & Cs?

If the assignment between MBNA and Varde is not proved then it doesn't matter about the assignment chain after that. If Varde did not 'own' the debt then they couldn't sell/assign it to Aktiv Kapital.

As I've said before my Trial lasted three days, how long is your Trial listed for on 2nd March? If it's too short then it may need to be adjourned either by consent with the other party or by making an Application to the court.

(Do you own your own home?)

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

yes own my own home Why you ask? The credit agreement is correct, as its the same one I had been sent when I the request the SAR From MBNA. It wasnt signed it was ticked in the box as i applied on-line.
I cannot really afford a solicitor and the court case has a slot for 90 minutes.

[warwick65]

Re: Pra group lifted the court stay i defended on money claim on line

I can't see how 90 mins would be enough time for you to argue what you need to do, as Di said, here claim was listed for 3 days. In my own case they spent 45 minutes arguing 1 simple issue - had I received a DN?

If you lose they could apply for a charging order on your home, now I do not know how PRA work but many firms do. This is a claim for nearly 6K - can you afford to pay it , can you afford to have a CCJ on your record?

I don't want to scare you but have you actually asked a solicitor how much it would cost? [MENTION=87380]Diana M[/MENTION]'s firm do fixed fee and i am sure others may as well - also I am in the midlands and they are in the NW - locality is not a bar to them helping.

My own claim was 5K and I am certain I would have lost without help , not because my case wasn't strong but because the advocate for the other side made some claims ( such as they hadn't received my WS) which I might have struggled to argue.

Some people have an easy time in court with a nice judge, that I think is the exception rather than the rule

I just worry that they will tie you up. I would put money on the the fact you do not have the whole deed of assignment , just a cover sheet or something - the deed contains all the terms and conditions between the two parties. In my case, Lowell never produced the Deed- I wonder what they were so worried about?

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

I can't see how 90 mins would be enough time for you to argue what you need to do

It's definitely not enough time!

Di

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

yes own my own home Why you ask?

I ask because since 1st October 2012 a Judgment Creditor has the automatic right to a Charging Order on your home for a CCJ of £1k or above.

https://www.citizensadvice.org.uk/de...arging-orders/

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

I have done all my papers and statement, and have to get the Pra one in the post tomorrow and i will take the Dudley county court by hand tomorrow. I aint got time now for a solicitor to look at mine and the claimants documents I need an idea of the cost for someone to represent my case but worried if i lost i would not only have to pay Pra but also the legal costs.

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Thank you. i will email Di now.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

i will email Di now.

I’ve received your email and I’ll reply in the morning.

I'm curious to know why you believe you have to file your Witness Statement by 4th January (according to you) if the Trial isn’t listed until March. Normally WSs wouldn’t be exchanged until 14 days before (or thereabouts).

I assume there’s a court Order with Directions?

We’ll discuss this when we speak.

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Hi ya, the court has just asked for the documents we intend to rely on at the court, not a witness statement. But as the Litigation Officer has filed documents and his written statement referring to the various pages of his enclosed bundle. I thought i better follow suit and put my witness statement in along with the documents i intend to rely on, The reason the court date is 2nd March, is probably down to me, as i stated i was not available from January 10th to Feb 10th as i will be away.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

Nothing is gained by filing your Witness Statement early.

The fact the Claimant has decided to show their hand early may be to your advantage.

Di