County Court

[Deb Cowan]

Hi, can anyone advise me please? I have flied a defence in a action bought by PRĄ for 2 historical credit card bills. They are not statute barred but PRA have not complied with my request for default notice. They have sent copies of what they describe as my original credit agreement (they don't look real to me). The courts have offered me an option to go to arbitration rather than attend a local court hearing, I need advise as to what I should do, I only have until Tuesday 15th December to complete my response online. Thank you

[efpom]

It will be mediation, not arbitration - the parties have to agree to mediation. If the mediation does not result in a settlement the matter proceeds to a court hearing.

[Deb Cowan]

Thank you, yes mediation. Is it better to do meditation or do I go straight to court? They haven't provided anything I've asked for ie. SARS and the original credit agreements for the 2 credit cards.

[MIKE770]

then they may have problems = all mediation will say have you all documents to attempt mediation - IF NO then they will state no mediation takes place and iinform the court for next stage, further down line they have to produce or as they do in many cases when they realise you are going ahead (& the time for them to get deposit back running out) of course most people panic that is what they hope for if they cannot produce to court the document you requested>

[Deb Cowan]

Thank you so much, that is really helpful. One last question, does it positively affect my case if they don't provide a copy of the default notice and assignment of debt from the original creditor (they say they do have the credit agreements, but not the other documents currently) thank you

[MIKE770]

the court later on your request order them to produce documents

[MIKE770]

Subject Access Request Letter we do not want them to supply via solicitors, send to originator

[MIKE770]

Celestine see what she thinks

[Deb Cowan]

Thank you. You're right I am panicing, I've been told to hang out for court but keep hyperventilating!

[MIKE770]

try to calm down we have all been there have asked Cel to pop in later

[Deb Cowan]

Thank you

[Deb Cowan]

I'm going to sleep now, I will check in again in the morning, but thank you so much for your help

[MIKE770]

Mediation does not result in a settlement the matter proceeds to a court hearing.

See #6 above bagaway

[Celestine]

Can you explain further what it is about the two supplied agreements that don't look real?
Historical? What years were the cards opened?
They need to be able to supply copies of default notices, otherwise they cannot prove the accounts were terminated correctly.
Assignment notices are less weighty in terms of defending your position and they can be very easily reconstituted and produced.
Yes go ahead with the mediation, it is unlikely to achieve much but shows you complied with the overriding objective to try to settle. As the final hearing gets closer, you can submit a witness statement and hopefully the court will issue an order requiring the missing documents to be produced. If they do not produce them the court will strike out the claim because there would be no point wasting time with a hearing.

[Deb Cowan]

Good evening, the cards were opened around 2010. Neither are signed although one does have IP address details suggesting its an online completion but there is no e signature. The actual credit agreement looks like a standard document, aside from my name and address there is no specific information eg. Start date or interest rate. Would it help for you to advise me better if I scanned copies to you?
I continued paying a nominal amount each month up until June 2018ish, this is when I, under advise, requested a copy of the agreement and default notice, this went back and forth via phone calls and letters, between myself and PRA, until they issued a court summuns despite previously assuring me they would not make this matter legal until they had provided the relevant documentation confirming these are my debts. Most annoying is the PRA have waited until my credit score has been repaired (circa 5 years since the default)

Thank you Celestine for taking the time to give me your valuable guidance. you are taking a big weight off my shoulders

Debra