Pra group letter

[Dazzle1969]

they say no CCA but they know these days they have to supply one, decades ago.

sure paul

Hi Mike can you kindly help me please. PRA have not privided the CA as requested but today i have recieved a CC claim. Can they enforce this and any advice on what i should do would be really kind. Thanks

[echat11]

Hi Mike can you kindly help me please. PRA have not privided the CA as requested but today i have recieved a CC claim. Can they enforce this and any advice on what i should do would be really kind. Thanks

MIKE770

[MIKE770]

they can start proceedings, but will have to supply CCA before any chance in court

[Dazzle1969]

they can start proceedings, but will have to supply CCA before any chance in court

Thanks MIKE770 should i acknowledge the claim and then submiy a defence around the fact that i requested the CCA and it hasn't been provided. The claim states they have provided Notices of assignment in accordance with s136 law of property act 1925 again no mention of CCA. Thanks again

[MIKE770]

defence start station on such a dare a request was made doe CCA1974 up to date not received .


Defence go in 2 days before deadline updated if necessary, do not remind them outstanding

[Matty B]

Depending on what is written on the claim form, have you sent a CPR31.14 request. If they mention the default notice you need to ask for that, also the agreement (different to the S77-79 request). As PT2537 will tell you, they is an appeal court ruling saying a Default Notice is essential Doyle v PRA I think. Sadly there is also another ruling from a different solicitor that essentially says they can 'reconstitute' anything they don't have. I read that as make it up although they would get into trouble if they got caught

[Dazzle1969]

Depending on what is written on the claim form, have you sent a CPR31.14 request. If they mention the default notice you need to ask for that, also the agreement (different to the S77-79 request). As PT2537 will tell you, they is an appeal court ruling saying a Default Notice is essential Doyle v PRA I think. Sadly there is also another ruling from a different solicitor that essentially says they can 'reconstitute' anything they don't have. I read that as make it up although they would get into trouble if they got caught

Hi Matty thanks for the post. I sent a request for CCA and they basically said we dont provide that as its a overdraft they are not applicable. I need to check the letter. Are you saying i need to send something else?

[Dazzle1969]

Thanks MIKE770 should i acknowledge the claim and then submiy a defence around the fact that i requested the CCA and it hasn't been provided. The claim states they have provided Notices of assignment in accordance with s136 law of property act 1925 again no mention of CCA. Thanks again

MIKE770 Hi again Mike, i wonder if you can help me. I have been sent an appointment for 26/01 for mediation in respect of the above thread. I sent the cca request as advised and PRA said not applicable to overdraft. Should i attend mediation or cancel the appointment and say they have not provided proof of debt so i am unable to make an informed decision. Any help appreciated as this is fairly urgent

[MIKE770]

Attend always overdraft are cca

[MIKE770]

The overdraft letter of agreement facilities finished years ago

[MIKE770]

Celestine

[Dazzle1969]

MIKE770 Hi again Mike, i wonder if you can help me. I have been sent an appointment for 26/01 for mediation in respect of the above thread. I sent the cca request as advised and PRA said not applicable to overdraft. Should i attend mediation or cancel the appointment and say they have not provided proof of debt so i am unable to make an informed decision. Any help appreciated as this is fairly urgent

Thanks MIKE770 should i attend then say they haven't provided the docs?

[MIKE770]

Yes a court expects you to save as to courts time

[echat11]

Thanks MIKE770 should i attend then say they haven't provided the docs?

Mediation hearings are carried out over the phone. Mediator speaks to you to try to get the matter settled then the mediator speaks to the other party then reverts back to you.

https://www.gov.uk/guidance/small-cl...iation-service

[Dazzle1969]

Mediation hearings are carried out over the phone. Mediator speaks to you to try to get the matter settled then the mediator speaks to the other party then reverts back to you.

https://www.gov.uk/guidance/small-cl...iation-service

MIKE770 echat11 the question is should i enter into mediation as they havent provided the requested docs. It says on the email are you in a position to enter fully and do you have the required documentation. If i say they havent provided any docs what position will they be in. They also said the CCA request doesnt apply to overdrafts so they are proceeding. I just dont want to end up in a position in which i agree to pay an amount when they cant prove the debt. Any ideas greatly appreciated?