PLEASE advise. PRA group vs Penny

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Yes I've made sure that I saved signature copies, via Royal mail's website.

You and the community are so amazing, and I really appreciate all the help and support you've given myself and many others.

That's the reason for using signed for post and checking delivery date and signature.
If they have not replied and you have the post details leave it the debt is unenforceable until the agreement is produced.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi


I hope everyone's managed to enjoy some of this beautiful weather we've been having, with friends or loved ones.


I've finally heard from mediation.


Now I must email them, as to complete their three part questionnaire.
Answering NO to question 2 (questionnaire attached below).
And informing them PRA have still failed to meet my CCA request, meaning
I haven't been provided with the relevant information to proceed with mediation.

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Hi


I hope everyone's managed to enjoy some of this beautiful weather we've been having, with friends or loved ones.


I've finally heard from mediation.


Now I must email them, as to complete their three part questionnaire.
Answering NO to question 2 (questionnaire attached below).
And informing them PRA have still failed to meet my CCA request, meaning
I haven't been provided with the relevant information to proceed with mediation.

Correct Penny.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi Nem
Do you recommend I also send over an updated/amended defence at the same time, or wait for further correspondence from the mediation team?

thank you
[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Hi Nem
Do you recommend I also send over an updated/amended defence at the same time, or wait for further correspondence from the mediation team?

thank you
@nemesis45

The Mediation Service will pass the case to your local county court for judges direction once you have told them mediation cannot take place.

You will be directed to file a witness statement and " evidence" at least 14 days before a hearing date.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Nem, would this mean it will definitely go to court, or upon reviewing the information and lack of evidence, could it be thrown out?

thank you

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Nem, would this mean it will definitely go to court, or upon reviewing the information and lack of evidence, could it be thrown out?

thank you

That's what will be decided at the hearing unless the claimant fails to respond to the defence if that happens the court will stay (suspend) the claim,
the claimant must pay a fee to continue.

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

The Mediation Service will pass the case to your local county court for judges direction once you have told them mediation cannot take place.

You will be directed to file a witness statement and " evidence" at least 14 days before a hearing date.

nem

I'm slightly confused, a "witness statement and evidence" would contain my amended defence?

Or when do I file this?

thank you

[Amethyst]

Re: PLEASE advise. PRA group vs Penny

It would update your defence, should you received anything from the claimants in the meantime. There is an
EXAMPLE Witness Statement

here if you want to get to grips with things ahead of time. You won't need to file it until after the mediation is concluded and the court sends you a hearing date.

Your defence as it stands is

"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"

The only bit missing really is a plea relating to the Consumer Credit Act request. As a litigant in person under small claims track you should be okay bringing that up within your Witness Statement as it is covered by your paragraph 5 in essence. Amending a defence formally requires you to request consent from the claimant and make a court application ( and potentially a hearing to decide on the application - potentially costing you £255).

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi [MENTION=6]Amethyst[/MENTION] and [MENTION=42011]Nem[/MENTION]mesis45

I've took my time and read through the links you have kindly sent over, I think I may be on the right track.

I've been putting together my witness statement and I was wondering if you would have a look over it please?


"

IN THE ************* COUNTY COURT
Claim No. ***********


BETWEEN:
Claimant
PRA group Limited


AND
Defendant
************


_________________________________


WITNESS STATEMENT OF **************
_________________________________






I ***************, being the Defendant in this case will state as follows;


I make this Witness Statement in support of my defence in the claim.


1. On or around the 01/06/16, I received a claims form from the County Court Business Centre, Northampton, for the amount of £2317.38.


2. Prior to this claim form from the County Court Business Centre, Northampton, The defendant has not received a default notice, nor a notice of assigned were mentioned in the claimants claim form.


3. The particulars of claim state that this claim is for “an agreement made on 09/02/09 between Barclays Bank PLC and the defendant for a credit card". I have no idea what this is.


5. On 06/06/16 via Royal Mail recorded I made a formal written request CPR 31.14.[EXHIBIT A] via Royal Mail recorded to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case.


6. On 07/06/16 via Royal Mail recorded I made a formal written request [EXHIBIT B] to the Claimant for them to provide me with a copy of my Consumer Credit Agreement made on 09/02/09 between Barclays Bank PLC as entitled to do so under sections 77-79 of the Consumer Credit Act 1974.


7. On 10/06/16 the Claimants replied [EXHIBIT C] to my written request [EXHIBIT B] for my Consumer Credit Agreement without the requested documents. I have not received the required documents and as such is unable to enforce the agreement pursuant to s.78(6) Consumer Credit Act 1974.


5. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.


8. I have not received any of the documents mentioned in the claimants claim form.


10. The Claimant replied to [EXHIBIT A] my CPR 31.14. request on 14/07/14 [EXHIBIT D] The Claimant has failed to provide all of the documents mentioned in its claim form..
11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and only supplied [EXHIBIT D] the Claimants has yet provided these documents despite my entitlement to inspect these documents.






12. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank PLC on 09/02/09 under reference ***********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclays Bank PLC in the past however the Claimants pleaded case does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.


13. The Claimant has not provided the defendant with documents necessary to assess the claim and to be able to properly defend themselves.




14. Mediation could not take place, as the Claimant failed to provide the requested documents prior to allocation of mediation via N180 form.


Statement of Truth


I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________


Dated: ________________________________


************************************************** *******************************************

- - - Updated - - -

Hi [MENTION=6]Amethyst[/MENTION] and [MENTION=42011]Nem[/MENTION]mesis45

I've took my time and read through the links you have kindly sent over, I think I may be on the right track.

I've been putting together my witness statement and I was wondering if you would have a look over it please?


"

IN THE ************* COUNTY COURT
Claim No. ***********


BETWEEN:
Claimant
PRA group Limited


AND
Defendant
************


_________________________________


WITNESS STATEMENT OF **************
_________________________________






I ***************, being the Defendant in this case will state as follows;


I make this Witness Statement in support of my defence in the claim.


1. On or around the 01/06/16, I received a claims form from the County Court Business Centre, Northampton, for the amount of £2317.38.


2. Prior to this claim form from the County Court Business Centre, Northampton, The defendant has not received a default notice, nor a notice of assigned were mentioned in the claimants claim form.


3. The particulars of claim state that this claim is for “an agreement made on 09/02/09 between Barclays Bank PLC and the defendant for a credit card". I have no idea what this is.


5. On 06/06/16 via Royal Mail recorded I made a formal written request CPR 31.14.[EXHIBIT A] via Royal Mail recorded to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case.


6. On 07/06/16 via Royal Mail recorded I made a formal written request [EXHIBIT B] to the Claimant for them to provide me with a copy of my Consumer Credit Agreement made on 09/02/09 between Barclays Bank PLC as entitled to do so under sections 77-79 of the Consumer Credit Act 1974.


7. On 10/06/16 the Claimants replied [EXHIBIT C] to my written request [EXHIBIT B] for my Consumer Credit Agreement without the requested documents. I have not received the required documents and as such is unable to enforce the agreement pursuant to s.78(6) Consumer Credit Act 1974.


5. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.


8. I have not received any of the documents mentioned in the claimants claim form.


10. The Claimant replied to [EXHIBIT A] my CPR 31.14. request on 14/07/14 [EXHIBIT D] The Claimant has failed to provide all of the documents mentioned in its claim form..
11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and only supplied [EXHIBIT D] the Claimants has yet provided these documents despite my entitlement to inspect these documents.






12. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank PLC on 09/02/09 under reference ***********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclays Bank PLC in the past however the Claimants pleaded case does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.


13. The Claimant has not provided the defendant with documents necessary to assess the claim and to be able to properly defend themselves.




14. Mediation could not take place, as the Claimant failed to provide the requested documents prior to allocation of mediation via N180 form.


Statement of Truth


I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________


Dated: ________________________________


************************************************** *******************************************

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Exhibit D 2.3 and 3.3

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Reading now.

nem

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

Hi @Amethyst and @Nemmesis45

I've took my time and read through the links you have kindly sent over, I think I may be on the right track.

I've been putting together my witness statement and I was wondering if you would have a look over it please?


"

IN THE ************* COUNTY COURT
Claim No. ***********


BETWEEN:
Claimant
PRA group Limited


AND
Defendant
************


_________________________________


WITNESS STATEMENT OF **************
_________________________________






I ***************, being the Defendant in this case will state as follows;


I make this Witness Statement in support of my defence in the claim.


1. On or around the 01/06/16, I received a claims form from the County Court Business Centre, Northampton, for the amount of £2317.38.


2. Prior to this claim form from the County Court Business Centre, Northampton, The defendant has not received a default notice, nor a notice of assignment as were mentioned in the claimants claim form.


3. The particulars of claim state that this claim is for “an agreement made on 09/02/09 between Barclays Bank PLC and the defendant for a credit card.


5. On 06/06/16 via Royal Mail recorded I made a formal written request CPR 31.14.[EXHIBIT A] via Royal Mail recorded to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case. Was the CPR sent to the solicitors?


6. On 07/06/16 via Royal Mail recorded I made a formal written request [EXHIBIT B] to the Claimant for them to provide me with a copy of my Consumer Credit Agreement made on 09/02/09 between Barclays Bank PLC as entitled to do so under sections 77-79 of the Consumer Credit Act 1974. Together with the £1.00 statutory fee.


7. On 10/06/16 the Claimants replied [EXHIBIT C] to my written request [EXHIBIT B] for my Consumer Credit Agreement without the requested documents. I have not received the required documents and as such is unable to enforce the agreement pursuant to s.78(6) Consumer Credit Act 1974.


5. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.


8. I have not received any of the documents mentioned in the claimants claim form.


10. The Claimant replied to [EXHIBIT A] my CPR 31.14. request on 14/07/14 [EXHIBIT D] The Claimant has failed to provide all of the documents mentioned in its claim form..

11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and only supplied [EXHIBIT D] the Claimants has yet provided these documents despite my entitlement to inspect these documents.



12. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank PLC on 09/02/09 under reference ***********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclays Bank PLC in the past however the Claimants pleaded case does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.


13. The Claimant has not provided the defendant with documents necessary to assess the claim and to be able to properly defend themselves.




14. Mediation could not take place, as the Claimant failed to provide the requested documents prior to allocation of mediation via N180 form.


Statement of Truth


I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________


Dated: ________________________________


************************************************** *******************************************

- - - Updated - - -

Hi @Amethyst and @Nemmesis45

I've took my time and read through the links you have kindly sent over, I think I may be on the right track.

I've been putting together my witness statement and I was wondering if you would have a look over it please?


"

IN THE ************* COUNTY COURT
Claim No. ***********


BETWEEN:
Claimant
PRA group Limited


AND
Defendant
************


_________________________________


WITNESS STATEMENT OF **************
_________________________________






I ***************, being the Defendant in this case will state as follows;


I make this Witness Statement in support of my defence in the claim.


1. On or around the 01/06/16, I received a claims form from the County Court Business Centre, Northampton, for the amount of £2317.38.


2. Prior to this claim form from the County Court Business Centre, Northampton, The defendant has not received a default notice, nor a notice of assigned were mentioned in the claimants claim form.


3. The particulars of claim state that this claim is for “an agreement made on 09/02/09 between Barclays Bank PLC and the defendant for a credit card". I have no idea what this is.


5. On 06/06/16 via Royal Mail recorded I made a formal written request CPR 31.14.[EXHIBIT A] via Royal Mail recorded to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case.


6. On 07/06/16 via Royal Mail recorded I made a formal written request [EXHIBIT B] to the Claimant for them to provide me with a copy of my Consumer Credit Agreement made on 09/02/09 between Barclays Bank PLC as entitled to do so under sections 77-79 of the Consumer Credit Act 1974.


7. On 10/06/16 the Claimants replied [EXHIBIT C] to my written request [EXHIBIT B] for my Consumer Credit Agreement without the requested documents. I have not received the required documents and as such is unable to enforce the agreement pursuant to s.78(6) Consumer Credit Act 1974.


5. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.


8. I have not received any of the documents mentioned in the claimants claim form.


10. The Claimant replied to [EXHIBIT A] my CPR 31.14. request on 14/07/14 [EXHIBIT D] The Claimant has failed to provide all of the documents mentioned in its claim form..
11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and only supplied [EXHIBIT D] the Claimants has yet provided these documents despite my entitlement to inspect these documents.






12. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank PLC on 09/02/09 under reference ***********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclays Bank PLC in the past however the Claimants pleaded case does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.


13. The Claimant has not provided the defendant with documents necessary to assess the claim and to be able to properly defend themselves.




14. Mediation could not take place, as the Claimant failed to provide the requested documents prior to allocation of mediation via N180 form.


Statement of Truth


I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________


Dated: ________________________________


************************************************** *******************************************

just a few tweaks,

nem

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi [MENTION=55034]nemesis45[/MENTION]

I sent bothto the address as detailed on the claimants claims form.


But it wasn't directly addressed to Robert Marr.

J Miller (chief operating officer) responded to both my letters With exhibit C &D

[nemesis45]

Re: PLEASE advise. PRA group vs Penny

OK.

I looks as if they have little to go on so far.
Get the WS in and let's see what if anything they can come up with in theirs.

nem