PRA Group, no Credit agreement

[barney47]

Re: PRA Group, no Credit agreement

No because I was paying Blair Oliver up until the debt was taken over 3 years ago, that was when I sent in the first CCA request

[charitynjw]

Re: PRA Group, no Credit agreement

No because I was paying Blair Oliver up until the debt was taken over 3 years ago, that was when I sent in the first CCA request

Ok, so not SB.

Out of interest, do you still have proof of the CCA request to AK as well?

[barney47]

Re: PRA Group, no Credit agreement

Yes I still have the letter from Aktiv which says they cannot obtain the CA from the original creditor so the account has been removed from the collection process until which time they find it, I didnt hear anything else until PRA group got involved.

[charitynjw]

Re: PRA Group, no Credit agreement

Yes I still have the letter from Aktiv which says they cannot obtain the CA from the original creditor so the account has been removed from the collection process until which time they find it, I didnt hear anything else until PRA group got involved.

Same doo-doo, just a different diaper!
https://www.aktivkapital.com/

[barney47]

Re: PRA Group, no Credit agreement

Same doo-doo, just a different diaper!
https://www.aktivkapital.com/

Thanks for that, I think I will respond to their threats reminding them of the fact I have sent them 2 CCA requests which still have not been complied with......or something like that.

[barney47]

Re: PRA Group, no Credit agreement

Hi, got a Northampton Court letter today so it looks like its going all the way. they still have not come up with the Credit Agreement so I dont understand why I have been sent this, should I just defend it and send the letter back with all my requests for the CA?

[charitynjw]

Re: PRA Group, no Credit agreement

Hi, got a Northampton Court letter today so it looks like its going all the way. they still have not come up with the Credit Agreement so I dont understand why I have been sent this, should I just defend it and send the letter back with all my requests for the CA?

What was the issue date? (front page of court claim pack)

You can now send a CPR 31.14 letter (no fee, SignedFor post) to the Claimant's solicitors.
http://legalbeagles.info/forums/show...ic-information

Also, acknowledge the claim with court asap (details to do so via MCOL in claim pack)

[barney47]

Re: PRA Group, no Credit agreement

Hi Charity, thanks for your help on this, I have got myself into a bit of a fluster as I have never dealt with a court before and I am worried I may do something wrong and drop myself in it!!

The issue date is 14th july 2016
Do I send the CPR to PRA group who have their own claimants legal representative?
Do I fill in and send the defence form along with the acknowledgement form??

They have also added over £1000 in interest and a further £510 in court fees, the interest is being charged at 8% per annum and has been added for 3 years.....thats when I originally sent in a CCA request!!

[charitynjw]

Re: PRA Group, no Credit agreement

Hi Charity, thanks for your help on this, I have got myself into a bit of a fluster as I have never dealt with a court before and I am worried I may do something wrong and drop myself in it!!

The issue date is 14th july 2016
Acknowledge asap & then you will have until Tues 16th August to send in your defence.
The CPR request offers a further 28 day extention; if they agree, you must inform the court.
Do I send the CPR to PRA group who have their own claimants legal representative?
The solicitors/legal rep
Do I fill in and send the defence form along with the acknowledgement form??
No; CPR to sols (get proof of posting & keep a copy on file).
There would be no harm in adding that you have submitted a CCA request directly to their clients.
The acknowledgement of claim is for the court & must be done within 14 days of issue (+ a few postage days).
There's no sense in postponing this.

They have also added over £1000 in interest and a further £510 in court fees, the interest is being charged at 8% per annum and has been added for 3 years.....thats when I originally sent in a CCA request!!

####

[charitynjw]

Re: PRA Group, no Credit agreement

Btw, could you please post up the particulars of claim (if a copy/photo, please redact personal info..... without damage to the original)

[barney47]

Re: PRA Group, no Credit agreement

Thank you so much for all the help!! Ive got all that and will do everything later today so it can be posted on Monday morning.

If PRA can't come up with the Credit agreement requested under CPR what will happen? will it still go to court?

Sorry for all the questions I just need to get it straight in my head

[barney47]

Re: PRA Group, no Credit agreement

Here's the particulars of the claim.

The claimant claims the sum of ****** for debt and interest. On ****** the defendant entered into an agreement with LLOYDS for a credit card under reference **************** .
On ****** the defendant defaulted on the agreement with an outstanding balance of ******.
On ******the debt of ****** assigned to Aktiv Kapital Portfolio AS, Oslo Zug Branch, who itself assigned the debt to PRA Group (UK) ltd on ****** .
Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925.
Payments of 12.00 received up to****** AND THE CLAIMANT CLAIMS 1. The sum of ****** . Statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from ****** to ****** ****** and thereafter at a daily rate of 0.92 until judgement or sooner payment.

[charitynjw]

Re: PRA Group, no Credit agreement

Thank you so much for all the help!! Ive got all that and will do everything later today so it can be posted on Monday morning.

If PRA can't come up with the Credit agreement requested under CPR what will happen? will it still go to court?

Sorry for all the questions I just need to get it straight in my head

78Duty to give information to debtor under running-account credit agreement.

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6)

If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;F3. .

http://www.legislation.gov.uk/ukpga/1974/39/section/78

(This is for the CCA request, not the CPR.)

[barney47]

Re: PRA Group, no Credit agreement

So should I send that section along with a copy of the CCA request to PRA's legal rep along with the CPR?

What will happen if PRA do not supply me with the document I require for my defense? (just got that answer from your info above!!!)

When should I send in to the court my defense form?

I did some research this morning and it looks to me the claimant does not have to comply with the CPR if it goes through the small claims court, so how on earth do I defend myself? I have sent Aktiv/PRA 2 CCA requests over the past 3 years, one of which was sent only 4 weeks ago, they have ignored both of them.
I feel they are acting VERY underhand and breaking the law and there's not a thing I can do about it.

[nemesis45]

Re: PRA Group, no Credit agreement

So should I send that section along with a copy of the CCA request to PRA's legal rep along with the CPR?

What will happen if PRA do not supply me with the document I require for my defense? (just got that answer from your info above!!!)

When should I send in to the court my defense form?

I did some research this morning and it looks to me the claimant does not have to comply with the CPR if it goes through the small claims court, so how on earth do I defend myself? I have sent Aktiv/PRA 2 CCA requests over the past 3 years, one of which was sent only 4 weeks ago, they have ignored both of them.
I feel they are acting VERY underhand and breaking the law and there's not a thing I can do about it.

Good morning Barney,
Responding to your PM.
1. Who is PRA's legal representative?

2. Clarification please: What action (if any ) did you take when AK did not respond to your CCA request.

3. CPR 31.14 is relevant to this claim Until it is actually allocated to SCT.

4. Can you please post a copy of the N1 claim form after removing the claim number, your name and address, please leave all other details intact,

5. PRA is in the habit of rejecting CCA request and referring the matter to it's " legal rep" who then has to " ask their client to get the CCA".

The UK Managing Director of PRA is Andrew Beradi I would make a Formal Complaint regarding the conduct of PRA in regard to the breaches of CCA 1974.
( if you want/need help with this let me know.

nem