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PRA Group has filed a Statement of Claim against me, I have not been served yet. They have listed my ex as a party to the claim, however I have been separated since 2005 and we have not been a party to anything together since well before 2005. How can they include his name in this claim when we are not even together? Would this make the Statement of Claim invalid?
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care to give more information as every situation can be different, but leave out personal details -
If the contract you entered into was joint then regardless of separation you are still jointly liable.Originally posted by Roxy1968 View Post
You need to Acknowledge Service of the claim stating your intention to defend in full to protect your legal position and start the process to defend the claim.
Use the template on the First Steps guide to provide all the info we need to help you.
Send a CPR 31.14 Request to the Solicitors.
If this is regarding something regulated by the Consumer Credit Act 1974 send a CCA Request att the smae time to the Claimant with a £1 cheque or postal order marked "CCA Statutory Fee Only" (take a pic or scan a copy of it before sending it marked like that) and send a copy of the request with the CPR 31.14.
Send a Subject Access Request Letter to the original company you entered into an agreement with, now you can do this today if you wish with a Statutory fee of £10 and they have 40 days to comply or you can wait until 25th May (next Friday) to do this where it will be free and they have 30 days to comply due to a change in the law. It depends how much paying out £10 will effect you really.
In the letter ask for copies of:
1. all agreements you entered with them,
2. a full history of the account,
3. any default or assignment notices they issued
4. any and all other information they hold
The information or lack of it might be useful in dealing with this claim.
COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
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