PLEASE advise. PRA group vs Penny

[Penny03]

Hi
This is my first time writing on this forum after doing some research.

Yet it's very confusing, wouldsomeone please show me some support/help with my case, so I can proceed in the correct manner.

Thank you

I will add details regarding the correspondence I have received so far. From PRA group and the County Claim of Northampton

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Hi
This is my first time writing on this forum after doing some research.

Yet it's very confusing, wouldsomeone please show me some support/help with my case, so I can proceed in the correct manner.

Thank you

I will add details regarding the correspondence I have received so far. From PRA group and the County Claim of Northampton

Good afternoon, welcome to LB

To assist in getting you appropriate advice can you please give us some history of the alleged debt and also can you please post a copy of the claim form (N1) after removing your name/address and the claim number.
Any letters as well please.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Thank you Nem

I acknowledged the courts information so not to be in default. I reply back with an embarrassed deffence.

"Defence

1. I, .... am the Defendant in this action and make the following statement as my defence to the claim made by PRA GROUP Ltd.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:
A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

5. On 06/06/16 the Defendant submitted requests under CPR rules via Royal mail special delivery recorded and tracked for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant acknowledged receipt of our request, and yet has not responded with any proof to support the claim.

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

Statement of Truth"

I have also sent PRA group A CPR notice and the CCA.

I received a letter back from PRA Which is attached below witch seems to be a mocked up/copy statement.

To date nothing further has been sent to me from them.

I received another letter from the court late last week which is also below. Which needs to be completed and returned to them by 11 August and copies sent to PRA.


Thank you again

[Penny03]

Re: PLEASE advise. PRA group vs Penny

PRA reply

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Thank you Nem

I acknowledged the courts information so not to be in default. I reply back with an embarrassed deffence.

"Defence

1. I, .... am the Defendant in this action and make the following statement as my defence to the claim made by PRA GROUP Ltd.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:
A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

5. On 06/06/16 the Defendant submitted requests under CPR rules via Royal mail special delivery recorded and tracked for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant acknowledged receipt of our request, and yet has not responded with any proof to support the claim.

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

Statement of Truth"

I have also sent PRA group A CPR notice and the CCA.

I received a letter back from PRA Which is attached below witch seems to be a mocked up/copy statement.

To date nothing further has been sent to me from them.

I received another letter from the court late last week which is also below. Which needs to be completed and returned to them by 11 August and copies sent to PRA.


Thank you again

Hello Penny,

"Embarrassed " defence let's are not " popular " with the courts they prefer defendants to have at least attempted gain information to support a defence.

Your CPR 31 .14 request : You can only request documents specifically mentioned in the Particulars of Claim which in this claim would be:

The agreement:
Notice of Assignment
The Default Notice ( This one may or may not be provided as the POC only says the account was defaulted.

The statement (Closing ) who provided that Barclaycard?

Have PRA instructed a solicitor?

It's a pity I have to say the you have already submitted the defence

We may be able to recover some ground via your witness statement if the claim gets that far, but I suspect PRA will continue.

Penny please give us the history of the account.

When was the account defaulted/terminated.
When did you last make a payment or written acknowledgment.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

I'm unsure if PRA group has appointed a solicitor but this is on the questionnaire form they sent to me.

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

I'm unsure if PRA group has appointed a solicitor but this is on the questionnaire form they sent to me.

You need to remove personal details the form.

Roberts Marr is a solicitor " for rent " to the debt collection industry he has been the " legal department " of many companies.

I suspect some form of paralegal/ litigation assistant will do all the " dirty work.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

I have never received any default notices etc, it may be helpful to know that I have a huge problem with stolen mail.

I'm extremely glad I received the court papers in the first place.

In the particulars they claim I entered into an agreement with Barclays bank plc for a credit card. Which is untrue, originally this card was held by egg and the dates they give on the claim do not match any of the records of the account being opened with egg.

Any default or last payment made I don't recall.
But I will see if I can find some records offended

[Penny03]

Re: PLEASE advise. PRA group vs Penny

I apologise for Mr marrs details didn't realise in my haste. As you can imagine with no legal background this is all very stressful.

Thank you again for your assistance.

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

I have never received any default notices etc, it may be helpful to know that I have a huge problem with stolen mail.

I'm extremely glad I received the court papers in the first place.

In the particulars they claim I entered into an agreement with Barclays bank plc for a credit card. Which is untrue, originally this card was held by egg and the dates they give on the claim do not match any of the records of the account being opened with egg.

Any default or last payment made I don't recall.
But I will see if I can find some records offended

Ok,
The CCA request is of upmost importance here as the claimant must have both the original Egg agreement and the subsequent BC agreement.

Mr Marr is a 0ne man band solicitor in Bromley Kent I think. I am familiar with his practice and traits.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

I hope this is all correct, This is what I sent special delivery signed for to them on 06.06.2016

PRA GROUP (UK) LIMITED
15-17 Elmfieldroad
Bromley
BR1 1LT

Dear Sir/Madam

Re:−Claim Form in this case issued by you out of the County Court Business Centre.
Case No: ....


Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

I hope this is all correct, This is what I sent special delivery signed for to them on 06.06.2016

PRA GROUP (UK) LIMITED
15-17 Elmfieldroad
Bromley
BR1 1LT

Dear Sir/Madam

Re:−Claim Form in this case issued by you out of the County Court Business Centre.
Case No: ....


Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

Interesting that is Marr's Practice address and it shows also now online as PRA unregulated practice on the Solicitors Regulation Authority Site.

Going to do some digging.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

My embarrassed defence was sent to the court on the 28/6/2016.

And my requests to PRA group
Cpr sent on the 6/6/2016, CCA on the 7/06/2016.

Doesn't this show the court my attempt to given PRA group adequate time to supply the correct documentation requested, thus allowing me to form a full defence?

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

My embarrassed defence was sent to the court on the 28/6/2016.

And my requests to PRA group
Cpr sent on the 6/6/2016, CCA on the 7/06/2016.

Doesn't this show the court my attempt to given PRA group adequate time to supply the correct documentation requested, thus allowing me to form a full defence?

Yes it does.

I'm thinking there is something amiss and am going to talk to other members.
[MENTION=71570]R0b[/MENTION] What do make of this and the MARR /PRA address.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Would sending a conditional acceptance, To both PRA group and copies of their currents replies to the court.
And stating that they have not adequately shown evidence of they claims.

02/08/2016

Mr "Directors name/ceo"
PRA GROUP (UK) Limited
Wells House
15-17 Elmfield Road,
Bromley, Kent,
BR1 1LT

Please also C.C for the attention of: [Other directors and managers names].

NOTICE OF NON-RESPONSE
Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent

Claim number:

Dear Sirs,

I, ...... , do declare the following to be true and correct to the best of my knowledge.

This is a legal notice. Please read it carefully as it means what it says. If you fail to comply with this notice, then you will be deemed to be in agreement to my fee schedule outlined below. Do not ignore it.

I wish to deal with this matter in honour. This is a Notice of Non-Response informing you that you are in dishonour. This notice is in reference to a Notice of Conditional Acceptance sent via recorded delivery to you, dated 06/06/2016, regarding a potential liability for £2017.52.

You were requested to send certain documentation so as to validate and verify your claims against my person and have failed to do so. To date you have failed to adequately respond or have ignored the contents of that notice which has left me with the assumption that you do not have any valid claim against my person and that there is no debt lawfully owed by me.

I wish however to offer you another opportunity to substantiate your claims by forwarding the following documentation:

Proof that you still hold the original instrument of indebtedness.
Validation of the debt and proof that PRA GROUP (UK) Limited (or any of its affiliated agents, parent companies, proxies, etc) actually suffered a loss (Copy of the actual accounting).
Proof of your claim against me in the form of a sworn affidavit; or an original and valid bill, with the words “Bill”/“Invoice” and “Value” on the face of it, complete with a wet signature.
Copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, evidenced as such by wet signatures binding the parties in agreement, INCLUDING any delegated Instrument of Novation, signed and sealed in a tripartite contract.
An Equitable Deed of Assignment (not a notice of assignment – two very different legal documents) should be made available to validate your claims. This should be executed as a Deed, granted by the grantor or original creditor and indorsed by instrumentary witnesses in solemn form.

1 of 3

It may be wise to take note that the following are the terms of a lawful contract:

Full disclosure.
Equal consideration.
Lawful terms and conditions.
Signatures of the Parties/Meeting of the Minds (corporations cannot sign because they have no right, or mind, to contract as they are legal fictions).

In the previous notice served upon you I stated:

Should you not be in receipt of any of the aforementioned documents, then you are party to a fraudulent act, therefore I reserve the right to seek full recourse through the courts of law

As you have so far failed to substantiate your alleged claim I now also request the following information:

Registration details with The Financial Conduct Authority
Registration details with The Information Commissioners Office
Your Consumer Credit Licence number
You Public Liability Insurance details

It is also my understanding that the liability presented to me is in fact an offer of a contract which I have a lawful right to decline as a contract cannot be enforced under protest and duress and against my will.

I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability. Due to the urgency and seriousness of this allegation, I will give you a further fourteen (14) days to respond. If I do not receive such a response conforming to the above criteria within fourteen (14) days of the date of this letter, it will be deemed a tacit agreement by your acquiescence that the debt is null and void and non-existent and that permanent lawful estoppal will have been gained.

It is expected that as you are making this claim that you should have done all due diligence prior starting to pursue your demands and therefore should have all the lawfully required documentation to hand already.

Your failure to provide Proof of Claim in the form of the above reasonably requested specific items will comprise the tacit procuration of PRA GROUP (UK) Limited agreement to the following terms and conditions.

PRA GROUP (UK) Limited is a third party interloper with no first-hand knowledge of the facts of the matter.
PRA GROUP (UK) Limited (or any of its affiliated agents, parent companies, proxies, etc) does not have the legal right or lawful authority to attempt to enforce collection of the invalid claim and will not attempt to do so in the future.
PRA GROUP (UK) Limited (or any of its affiliated agents, parent companies, proxies, etc) has no authority to adversely affect the credit rating of ....™ and that any negative remarks made to any credit reference agency will be removed.
PRA GROUP (UK) Limited (or any of its affiliated agents, parent companies, proxies, etc) does not have the legal right and lawful authority to sell the alleged liability, pass it back to its client and/or appoint an agent to act on its behalf in this matter.



2 of 3
CEASE AND DESIST

I remind you of my request that all further communications be made in writing only therefore you are hereby served notice as of 02/08/2016, under the Protection from Harassment Act 1997 to Cease and Desist any door-step visits, calls and texts to the addressee. Furthermore, you are to Cease & Desist in any attempt to contact the family, friends, neighbours, employers or any persons associated with the account holder in regards to this matter.

Any further unauthorised communication (text, calls or door-step visits) from PRA GROUP (UK) Limited, (or any of its affiliated agents, parent companies, proxies, etc.) to the above mentioned address answered or not will incur administration fees as outlined in the schedule below.

Should you now fail to comply with this notice I will report you to both Trading Standards and The Financial Conduct Authority. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

FEE SCHEDULE
Any invalid claims against ......™ and/or attempting to contact the Authorised Representative by mail, mobile phone and/or telephone will constitute the agreement of Debt Collection Agency to the following Fee Schedule:
£1000 (ONE THOUSAND POUNDS STERLING) per invalid claim in writing, nunc pro tunc,
£35.00 (THIRTY FIVE POUNDS STERLING) per letter and/or notice sent by recorded mail, nunc pro tunc,
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per hour or portion thereof, of the Authorised Representative’s time, nunc pro tunc,
£30.00 (THIRTY POUNDS STERLING) per attempt to contact by telephone and/or mobile phone, nunc pro tunc.
£150.00 (ONE HUNDRED AND FIFTY POUNDS STERLING) per unauthorised door-step visit, nunc pro tunc.
All fees are payable in Twenty One (21) days of date of invoice is received, as evidenced by recorded delivery tracking number.


Without malice or mischief, in sincerity and honour

Yours sincerely