PLEASE advise. PRA group vs Penny

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi all


May I request a little more assistance?


About a week ago, I received my Barclays terms and condition contract from PRA.
All my details and signature are on both double sided photocopied form.
This information wasn't previously sent to me within the 12 days of my original request letter, but now they do have my correct information and signature.


My court hearing date is set for 20th March.
Would it be wiser to set up a payment plan with them beforehand or attend the court hearing?


How should I go about this for the best outcome.


Thank you

[Joanna C]

Re: PLEASE advise. PRA group vs Penny

It all seems very odd R0b, Marr has fronted a number of Debt Purchasers/Collectors " legal departments" I first came across him at 1st Credit when Najib Nathoo ( Now European Director at Robinson Way) was the CEO I found that Marr was signing claim forms and at that point was not registered with the Law Society.

I agree PRA should be regulated as well. Imo this stinks.

nem

Robert Marr is a solicitor and was Director of Litigation at PRA. They have their own in house department. He recently left PRA and now there is a new interim Head of Litigation who recently left Hoist Portfolio.

[Joanna C]

Re: PLEASE advise. PRA group vs Penny

Hi all


May I request a little more assistance?


About a week ago, I received my Barclays terms and condition contract from PRA.
All my details and signature are on both double sided photocopied form.
This information wasn't previously sent to me within the 12 days of my original request letter, but now they do have my correct information and signature.


My court hearing date is set for 20th March.
Would it be wiser to set up a payment plan with them beforehand or attend the court hearing?


How should I go about this for the best outcome.


Thank you

post up the documentation you received redacting any personal information so I can see if they have complied with your s.78 request

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi Joanna thank you for your help

[Penny03]

Re: PLEASE advise. PRA group vs Penny

This is what I received.

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Attached;

thank you

[Penny03]

Re: PLEASE advise. PRA group vs Penny

post up the documentation you received redacting any personal information so I can see if they have complied with your s.78 request

Any thoughts please Joanna?

[Joanna C]

Re: PLEASE advise. PRA group vs Penny

Attached;

thank you

They are still in breach of s.78 CCA 1974 - they haven't provided a true copy of the executed agreement (including all terms & conditions) not a copy of the up to date terms at point of termination. Did they send you a signed statement of account?

[Penny03]

Re: PLEASE advise. PRA group vs Penny

Hi Joanna

Thank you for your ongoing help.

I'm very confused on how to proceed, any recommendations would be helpful. My hearing of this case is scheduled for 20 March. I'm aware 14 days prior to this hearing I must have supporting paperwork sent to both The judge and plaintive.

Sorry, I just feel all lost at sea.

[Joanna C]

Re: PLEASE advise. PRA group vs Penny

Hi Joanna

Thank you for your ongoing help.

I'm very confused on how to proceed, any recommendations would be helpful. My hearing of this case is scheduled for 20 March. I'm aware 14 days prior to this hearing I must have supporting paperwork sent to both The judge and plaintive.

Sorry, I just feel all lost at sea.

The supporting paperwork is a witness statement outlining your side and exhibiting any document such as your s.78 request etc.

It should be filed at court and served on the claimant before 4pm on 5 March 2017. The Claimant will also serve you with their evidence and then it can be reviewed.

[Penny03]

Re: PLEASE advise. PRA group vs Penny

The supporting paperwork is a witness statement outlining your side and exhibiting any document such as your s.78 request etc.

It should be filed at court and served on the claimant before 4pm on 5 March 2017. The Claimant will also serve you with their evidence and then it can be reviewed.

Hi Joanna

I really appreciate the support and the above information.

How does this witness statement holder up in your opinion?

Thank you



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 £23**.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 as 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 knowledge of this.


4. On 06/06/16 via Royal Mail Recorded Delivery I made a formal written request CPR 31.14.[EXHIBIT A] to the Claimant requesting that the Claimant provides copies of all documents mentioned in their Statement of Case.


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


6. On 10/06/16 the Claimants responded to my written request [EXHIBIT B] for the alleged Consumer Credit Agreement of 09/02/09, with [EXHIBIT C] enclosing just a CCA Consumer Factsheet v2, without the requested documents.


7. The Claimant replied to [EXHIBIT A] my CPR 31.14. request on 14/07/16 [EXHIBIT D] The Claimant has failed to provide all of the documents mentioned in their particulars of the claim.


8. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and has only responded without the requested documentation [EXHIBIT D]. The Claimants has yet provide this documentation despite my entitlement to inspect these documents.


9. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank PLC on 09/02/09 under reference: *****************005. I am uncertain as to which account this refers. 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 alleged agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.


10. Agreed Mediation could not take place, as the Claimant failed to provide the requested documents prior to allocated date 06/09/16.


11. On 13/01/17 claimant responded with [EXHIBIT F ] an unrelated document dated 24/05/07. This correspondence contained the following: "We enclose documentation received to date and are awaiting further documentation to complete your request. I can confirm you will receive no further contact from PRA Group UK Limited until the requested information has been supplied to you." As of the date of this witness statement no further documentation has been received from the Claimant nor any further communications.


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


13. I have not received any of the documents mentioned in the claimants claim form.
rendering enforcement of the claim unenforceable. the agreement pursuant to s.78(6) Consumer Credit Act 1974.


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






Statement of Truth


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




Signed: ________________________________


Dated: ________________________________


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