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

[Darren104]

Pra group submitted a claim against me through the money claim on line site march 2016 i defended the claim by denying that i owed the debt as i had not received any statements of accounts, deed of assignments, credit card agreements etc.

Pra group did not respond to my defence within the time scale so the case was stayed. In the mean time they have now sent me the information, except the deed of assignment, because they say it is too confidential and are not obliged to send me it.

They have applied to northampton to have the stay lifted march 2017 and has been granted by the court.
I have now received papers from the court asking me to complete a notice of proposed allocation to small claims track . The claimant pra group wants the case to be heard without a hearing.

The debt was originally with mbna 2006 credit card where i defaulted and was on a debt management plan.
They sold it to a company called experto credit, then experto credit sold it onto activ kapital. I wrote to aktiv kapital asking for the original credit agreement and deed of assignment, which they admitted they could not provide. I heard nothing for a few years so assumed this was the end of the matter. All of a sudden pra group who must have bought the debt off aktiv kapital - hence the position i am in now with court action.

Amongs the court papers there is the option of a mediation service, but i would rather hope the debt would of been written off but its showed its ugly head. Please help

[Diana M]

As you say the claim against you was dismissed and costs were awarded against PRA despite this being a case in the Small Claims Track.

This claim was issued in March 2016 and you posted earlier in your thread that you felt PRA were gunning for you. However as soon as I saw that the debt had been assigned (or not ) to Varde by MBNA I knew you had an arguable case.

The DJ agreed and the claim was dismissed.

If a Claimant can't prove they own a debt then they don't win in court

Can Admin change this thread title to ***WON*** please sInce the Claim was dismissed in court.

Di

[Diana M]

Success - i won the case against pra. They did not provide the correct documents or proof that a debt existed with them. Dudley county court judge ordered for the claim to be dismissed and costs were awarded to our side.
Victory for me . . . . . and particular dianne who has been my rock throughout.

Thank you for your kind words.

As you say the claim against you was dismissed and costs were awarded against PRA despite this being a case in the Small Claims Track.

This claim was issued in March 2016 and you posted earlier in your thread that you felt PRA were gunning for you. However as soon as I saw that the debt had been assigned (or not ) to Varde by MBNA I knew you had an arguable case.

The DJ agreed and the claim was dismissed.

If a Claimant can't prove they own a debt then they don't win in court.

The debt was £4226.49 and they have added interest making it £4874 plus £185 court fee and £80 for legal representative totaling I £5139.49. This makes me sick because when i was originally with MBNA i paid no interest because it was frozen as i was on a Debt management plan. I have already defended this claim and Pra Group did not respond in time so i though i had won the case. 12 months later they have had the stay lifted and the directions questionnaire has been granted.

This Pra Group are gunning for me

. I have to complete a Directions questionnaire (small claims track) and it worry's me as i don't like courts i get really nervous and anxious.

Does my case all hinge on whether they can produce a deed of assignment. What if they can? I was also told that even if they have not got a deed of assignment the judge can still judge in their favor.

Perhaps Kati would be kind enough to change your thread title to **WON** because you did (and move the thread to the Concluded Cases forum too).

Well Done You!

Di

[warwick65]

Success - i won the case against pra. They did not provide the correct documents or proof that a debt existed with them. Dudley county court judge ordered for the claim to be dismissed and costs were awarded to our side.
Victory for me and this forum. Hope it encourages everyone to challenge an alleged debt. A big thank you to this forum and particular dianne who has been my rock throughout.

Does that mean you engaged Joanna Connolly?

I am sure Diana M will be unable to say anything unless you confirm this

Congratulations BTW - its a great feeling isn't it.

[Kati]

Success - i won the case against pra. They did not provide the correct documents or proof that a debt existed with them. Dudley county court judge ordered for the claim to be dismissed and costs were awarded to our side.
Victory for me and this forum. Hope it encourages everyone to challenge an alleged debt. A big thank you to this forum and particular dianne who has been my rock throughout.

Congratulations xx

[Darren104]

Success - i won the case against pra. They did not provide the correct documents or proof that a debt existed with them. Dudley county court judge ordered for the claim to be dismissed and costs were awarded to our side.
Victory for me and this forum. Hope it encourages everyone to challenge an alleged debt. A big thank you to this forum and particular dianne who has been my rock throughout.

[capricorn1601]

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

Please take Di's advise. I speak from experience. I was one of her Solicitors company first clients. My case took from March 2015 to November 2017. Jo is excellent and puts the fear of god in PRA. Whatever you do, don't go in there alone. There is history with PRA, and Jo and her team know everything to look for and all their dirty tricks. I know you say you cant afford a solicitor, but can you afford to loose the money which is claim owed?

[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

[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

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

Thank you. i will email Di now.

[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.

[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

[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

[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?