PRA Group Again

[JR424]

Hello again.
I hope you are all well.
A problem with PRA. will detail as much as possible.
borrowed about 7k from MBNA went into a dmp and repaid some of it but was transferred to Aktiv kap. carried on paying. transferred to a subsidiary PRA which I understand is the same company.
stopped paying them and they sent a transfer of management letter on the 19 april. 2016
on the 28th sent them a consumer credit 1974 request with 1.00 p/o. no response.
7th May received a pre protocol letter but ignored because of cca request.
25th May received a ccj. we did a AOS within the time, but need to put a defence in.by the 16th June

particulars of claim are.
The claimant claims the sum of 5805.50 for debt and interest. On the 16/3/10 defendant entered into an agreement with MBNA for a credit card number -------
On the 30/06/12 the defendant defaulted on the agreement with an outstanding balance of 6778.19. On the 20/08/12 the debt of 6778.19 assigned to akitv kapital portfoloi as, oslo, zug branch who itself assigned the debt to PRA group(UK) ltd on the 31/12/14. notices of assignment were sent to the defendant in accordance with s136 law of property act 1925.Payments of 1290.00 received upto 02/09/15 AND THE CLAIMANT CLAIMS
1. The sum of 5488.19.
2. Statutory Interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from the 02/09/15 to the 23/05/16 317.31 and thereafter at a daily rate of 1.20 until judgement or sooner payment.

Please can you help.
regards
JR

[charitynjw]

Re: PRA Group Again

Hi JR424

Just checking........did you get proof of postage for the CCA request?

& if assigned to PRA December 2014 (on PoC), what is the 'transfer of management' letter you received April 2016?

[JR424]

Re: PRA Group Again

No sent 1st class which I realise is obviously a stupid thing todo.
The letter you mention was just telling us that they had purchased the debt from mbnA.

[charitynjw]

Re: PRA Group Again

No sent 1st class which I realise is obviously a stupid thing todo.
The letter you mention was just telling us that they had purchased the debt from mbnA.

If it were me, I would resend the CCA request along with the £1 payment (endorsed 'For Statutory Purposes only' front & back), this time getting proof of postage. (SignedFor if to an actual address.)
If they do not comply fully with the request within the timeframe (12 days + 2 for post), they are barred from taking the claim to court until such time that they do comply, so obviously it is important that you can evidence it.

[JR424]

Re: PRA Group Again

Won't I run out of time with regard to a defence?

[JR424]

Re: PRA Group Again

Ok good news.
I did keep a scanned copy of postal order which is clearly dated.
So could this be used as part of defence?
Thanks.

[JR424]

Re: PRA Group Again

Hello, I wonder if anyone could help with a defence on this. I have received a reply to my section 77-79 saying they are looking into it and returning my postal order. I have also checked my file and did not receive a preprotocol letter or assignment letter only a letter from pra saying they had purchased the debt. I need to file a defence today/tomorrow at latest. I was served on the 25th May and gave aos on 8th june. can anyone help.

[JAL]

Re: PRA Group Again

Hi JR424,

Firstly, you are running out of time to file a defence and you must make sure that you have filed one before the relevant time period expires as judgment could be entered against you.

Your defence should raise the point you have mentioned above, namely that your s.77-79 CCA request has not been complied with. You should also raise the issue that you have not been served with a notice of assignment of the debt, if that is the case.

Did you make a CPR 31.14 request for the documents mentioned in the claim form?

[JR424]

Re: PRA Group Again

no i only did the 77-79. but i didnt get any of these or a preprotocal.

[JAL]

Re: PRA Group Again

Ok, the s.77-79 request is the important one.

There is a template defence suggestion here: http://legalbeagles.info/forums/show...t-Court-Claims

Take a look at that and if you are happy to use it then amend it to include the details of your situation. Hopefully it will serve as a guide so that you may file a defence.

[nemesis45]

Re: PRA Group Again

Hello, I wonder if anyone could help with a defence on this. I have received a reply to my section 77-79 saying they are looking into it and returning my postal order. I have also checked my file and did not receive a preprotocol letter or assignment letter only a letter from pra saying they had purchased the debt. I need to file a defence today/tomorrow at latest. I was served on the 25th May and gave aos on 8th june. can anyone help.

Take a look at the specimen defences in the green box above, they are for you to amend to suit your situation.

Make a draft and post it here then we can tweak it ready for submission.

nem.

[JR424]

Re: PRA Group Again

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.

[JAL]

Re: PRA Group Again

Feel free to post the Defence up if you would like us to take a look at it. Have you sent it yet?

It may well be worth making a CPR 31.14 request to the PRA Group outlining that you would like copies of the documents mentioned within their particulars of claim, this will strengthen your case if the PRA Group cannot comply and provide you any documents.

[JR424]

Re: PRA Group Again

ok will get this done. have anyone any idea of time frames with regard to court hearing dates? is their a backlog at all?

- - - Updated - - -

yes the defence has been acknowledged by the court and received by PRA. they have written to me saying they are pursuing the claim after considering my defence.

- - - Updated - - -

i'm thinking they must have an agreement and intend producing at court, but surely they should produce before any hearing no?

[JAL]

Re: PRA Group Again

The time frames for a Court hearing vary all over the country - there can be a considerable delay, but I couldn't say either way. It is likely that the case will be allocated to your local Court now and you should receive notification of this.

- - - Updated - - -

ok will get this done. have anyone any idea of time frames with regard to court hearing dates? is their a backlog at all?

- - - Updated - - -

yes the defence has been acknowledged by the court and received by PRA. they have written to me saying they are pursuing the claim after considering my defence.

- - - Updated - - -

i'm thinking they must have an agreement and intend producing at court, but surely they should produce before any hearing no?

In my experience it is likely that they have reverted to the original creditor for a copy of the agreement as they do not have a copy. If they had a copy they would be able to comply with your s.77-79 CCA request and they will be able to comply with your CPR 31.14 request, once made. They cannot enforce the debt until they have complied with s.77-79 therefore if they had a copy of the agreement it is more than likely that you will have been sent a copy.