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Re: PRA Group Again
will make a cpr tomorrow and let you know what happens. thanks again for support.
will make a cpr tomorrow and let you know what happens. thanks again for support.
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Re: PRA Group Again
[QUOTE=JR424;658911]hi guys.
Thanks for the help. I did do the defence and used the template no documents defence. I just tweaked it a little. happy to post up if required although the template was pretty easy to understand.
I received acknowledgement from the court and a further letter from PRA stating that they intend to pursue the claim.
I have received their acknowledgement that they have recieved my cca request and my postal order back. but no agreement yet. sent 080616 recorded.
I did not send a cpr 31.14 as the summons was the first I new that they were issuing court proceedings. should I do so now in light of recent mail?
From reading other posts it seems likely that the court will assume postage if they turn up at court with pre protocol letters?
It will attend court when required. Just would like to be prepared.[/QUOTE
Hi yes send the CPR to the solicitors.
nemComment
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Re: PRA Group Again
latest PRA produced all the agreements and all seem in order. Court have referred this to mediation which is set for the 12th friday. I don't think their is any further defence for me, other than the fact since my defence submission they have started to follow protocols for the first time. They have agreed to mediation.
If I settle on a monthly in mediation through the court they state that a court order is made and as long as I keep to repayments then all is well.
does this mean a CCJ is registered or is it a informal arrangement and if it fails only then is the judgement is registered?Comment
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Re: PRA Group Again
Can we see what you have received please? If you need help to upload documents I'm am sure [MENTION=49370]Kati[/MENTION] will be able to help you.Originally posted by JR424 View Post
The order referred to is a Consent Order also known as a Tomlin Order which is signed by both parties and sealed by the court, no CCJ is registered as long as the agreed payment is made without any lapse there's no problem But if you fail to pay the claimant can/will apply for judgment.
If you do reach agreement, your offer of monthly payment for your own safety be Reasonable, Affordable and Sustainable.
nemComment
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Re: PRA Group Again
thanks Nem,
i will upload the docs received first thing tomorrow for you, their are lots of statements from the original creditor, I'm hoping you don't want all of those?Comment
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Re: PRA Group Again
[MENTION=55034]nemesis45[/MENTION]CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
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Re: PRA Group Again
Hi no just the current docs you have received.Originally posted by JR424 View Post
nemComment
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Re: PRA Group Again
attached pg1 and pg2 just in my copy is two sided front and back, CCA agreement which is a copy. apart from statements from MBNA. surprisingly on checking still only have a letter form PRA that they have purchased debt. nothing from MBNA don't know if this makes any difference.Comment
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Re: PRA Group Again
The " notice of assignment " can be sent by the original creditor and or the debt purchaser.Originally posted by JR424 View Post
If those two pages are all there is to the agreement it's short on terms and conditions.
nemComment
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Re: PRA Group Again
ok any glimmer of hope is a result at the moment. checked file and no assignment to PRA or any other paperwork apart from what was attached. I have agreed to mediation Friday.Originally posted by nemesis45 View Post
whilst i realise you cannot give advice a strategy would be most appreciated.Comment
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Re: PRA Group Again
Just of out will make some suggestions when I get back.Originally posted by JR424 View Post
nemComment
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Re: PRA Group Again
Prepare for mediation.Originally posted by JR424 View Post
Have a bullet pointed list of what you want to say.
Also list what has been done /and not done in regards to the requests for information.
The mediator is not a lawyer/solicitor / judge and cannot give you legal advice they have specialist training to do their job.
Listen very carefully to what the other side say via the mediator.
Should you reach an agreement with the claimant and want to make an offer of payment by instalments workout prior to the appointment what you want to offer.
Any offer must be reasonable, affordable and sustainable of a prolonged period.
If the offer is accepted it should be secured by a consent / Tomlin order, which means no CCJ is registered and the claim is stayed as long as the payments are maintained, if payments are missed/stopped the claimant will apply for judgment.
nemComment
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Re: PRA Group Again
Hi Nem and others
just thought I would finish this off. went through mediation and got the costs and interest reimbursed. the debt is now frozen and in return I agreed a thirty per month repayment over eighteen yrs with the option to pay off early with a discount to be agreed at that time.(although I bet they wont give any discount). You were right all the way through. I have now checked my credit report and their is no ccj registered which Im happy with, however they are registering monthly defaults. Is their anything I can do about this?
Thanks for the comments they help a great deal.
JRComment
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