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URGENT: PRA Group (UK) County Court Money Claim Form and Response Pack

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  • URGENT: PRA Group (UK) County Court Money Claim Form and Response Pack

    Hello

    I need advice for a friend whom has mental health issues and received a Claim Form and Response Pack from County Court filed by PRA group dated 14/03/2023 (original credit card debt with MBNA).

    Particulars of Claim are stated as follows;

    " The Claimant claims the sum of £5,299.27 for an outstanding debt owed. On 29/02/2020 the Defendant entered into an agreement with Lloyds Bank Plc for a Credit Card under reference 52........... On 07/12/2020 the Defendant defaulted on the agreement with an outstanding balance of 5,299.27. On 02/12/2021 the debit of £5,299.27 was assigned to PRA Group (UK) LTD. Notices of agreement were sent to the Defendant in accordance with S136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum of £5,299.27. "

    She has not sent Acknowledgement of service, and has been sitting on the letter since it arrived until I opened it today whilst checking her mail.

    Please advise of the next steps urgently, it does not seem any notice of assignment was received. Does the acknowledgement of service need to be completed and sent by 28/03/23 which is 14 days from the date on the claim form (14/03/2023) I think?

    ***The matter is not straight forward; police reports were filed along with a case on Action Fraud, as a person (unknown personally) contacted and duped my friend using her details to obtain several loans, withdrew them and left her in a dire situation. She has not recovered from this to this day, neither paid any of the debts as has no means to (in receipt of benefits). I had made creditors aware of the police reports etc which have been ignored***

    Thank you for your time, would appreciate expert advice as soon as possible please.

    Tags: None

  • #2
    Step 1 - complete and file the acknowledgement of service NOW.

    You can then prepare the Defence. It seems this will be that your friend did not enter into this agreement, but someone else dishonestly using her name and address etc.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      atticus Thank you so much for your prompt reply.

      I have completed and sent the acknowledgement of service for my friend, via recorded delivery today.

      I ticked will be defending it all and signed on her behalf.

      How shall I proceed with a defence? Do I also need to write to PRA to request contracts or anything?

      Thank you

      Comment


      • #4
        You can request documents under CPR Part 31 rule 14. See shortcut links.

        But get the Defence in anyway.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          You can request documents under CPR Part 31 rule 14. See shortcut links.

          But get the Defence in anyway.
          Thank you very much for this.

          I will be sending CPR Part 31.14 letter.

          However, unsure what the contents of Defence should be? how should I include details I mentioned initially in this post regarding logs with police?

          Many thanks

          Comment


          • #6
            Did this not help?
            Originally posted by atticus View Post
            You can then prepare the Defence. It seems this will be that your friend did not enter into this agreement, but someone else dishonestly using her name and address etc.
            Include those details by listing them.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              atticus Apologies I now realise your point.

              Also what would be the deadline to submit the Defence please?

              Comment


              • #8
                28 days after service of the claim form.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Acknowledgement of service was sent 27/03/23, would 28 days work out as 24/04/23?

                  Comment


                  • #10
                    Originally posted by atticus View Post
                    28 days after service of the claim form.
                    Acknowledgement of service was sent 27/03/23, would 28 days work out as 24/04/23?

                    Comment


                    • #11
                      No. Not 28 days from acknowledgement of service. 28 days from date of service.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        Originally posted by atticus View Post
                        No. Not 28 days from acknowledgement of service. 28 days from date of service.
                        Sorry just need to confirm, you mean date of service being the same as court letter (claim form/response pack) which was 14/03/23?

                        Comment


                        • #13
                          yep.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Originally posted by atticus View Post
                            yep.
                            Hello

                            I have sent defence including police report and Action Fraud report logs today, recorded delivery. Although due to Easter bank holiday, will not be received until around 12/04/23.

                            Do you count 28 days from a day after court date letter? then deadline would be 12/04/23?

                            Should I also email County Court to be considered as submitting defence on time?

                            Kind Regards

                            Comment


                            • #15
                              Can anyone please respond ss very anxious...

                              Hello

                              I have sent defence (posted 08/04/23) including police report and Action Fraud report logs today, recorded delivery. Although due to Easter bank holiday, will not be received until around 12/04/23.

                              Do you count 28 days from a day after court date letter? then deadline would be 12/04/23?

                              Should I also email County Court to be considered as submitting defence on time?

                              Thank you

                              Comment

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