PRA Group, no Credit agreement

[charitynjw]

Re: PRA Group, no Credit agreement

No need to send a copy of s78 CCA to PRA's legal rep; I'd bet my shirt that they are quite aware of the legislation.

(It's a rather nice shirt, btw!)

[barney47]

Re: PRA Group, no Credit agreement

1. Legal Rep is Mr R Marr (in house)

2. The first request to Aktiv they sent me a letter back on 17/10/2013
" I have contacted the original creditor with a view to obtaining copies of the original documentation pertaining to this account. In the mean time I have placed your account on hold and it will remain so until I am able to bring the matter to a satisfactory conclusion."
The account was taken over by PRA group on 8/12/2014 and I sent in another CCA request on 2/6/2016, their response...
" With respect to your request to be provided with a certified copy of the deed of assignment and deed of novation as these documents include sensitive commercial information in relation to our business we are not obliged to provide you with this information, we will contact you to provide an update as soon as possible"
After that they sent a letter informing me they have passed it over to litigation.

3.

[charitynjw]

Re: PRA Group, no Credit agreement

1. Legal Rep is Mr R Marr (in house)

2. The first request to Aktiv they sent me a letter back on 17/10/2013
" I have contacted the original creditor with a view to obtaining copies of the original documentation pertaining to this account. In the mean time I have placed your account on hold and it will remain so until I am able to bring the matter to a satisfactory conclusion."
The account was taken over by PRA group on 8/12/2014 and I sent in another CCA request on 2/6/2016, their response...
" With respect to your request to be provided with a certified copy of the deed of assignment and deed of novation* as these documents include sensitive commercial information in relation to our business we are not obliged to provide you with this information, we will contact you to provide an update as soon as possible"
Were both of your letters (to AK 7 to PRA) requesting the same things?
Did you also request a copy of the agreement, T&C's & a statement of the account, & enclose a £1 payment?
*Where did you get the info to request these things?
After that they sent a letter informing me they have passed it over to litigation.
3.

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[barney47]

Re: PRA Group, no Credit agreement

Both letters to Aktiv/PRA were just bog standard CCA requests which I templated from LB, I did not ask for deed of assignment, statement or terms and conditions but I did send the £1!!, neither of the requests were satisfied.

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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[/QUOTE]

I need help with the complaint please Nem!!

[charitynjw]

Re: PRA Group, no Credit agreement

Both letters to Aktiv/PRA were just bog standard CCA requests which I templated from LB,
Good!
I did not ask for deed of assignment, statement or terms and conditions but I did send the £1!!, neither of the requests were satisfied.
Have you kept copies, & do you have proof of postage?

- - - Updated - - -



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

I need help with the complaint please Nem!![/QUOTE]
[MENTION=55034]nemesis45[/MENTION]

[barney47]

Re: PRA Group, no Credit agreement

Yes we have copies and acknowledgement letters from Aktiv/PRA for both CCA requests

[Diana M]

Re: PRA Group, no Credit agreement

Yes we have copies and acknowledgement letters from Aktiv/PRA for both CCA requests

In which case I can't see the basis of any complaint to PRA. Why ruffle feathers if you don't need to.

At the moment PRA (Claimant) is in default of your CCA Request. Be happy about that. You don't really want them to find the documentation do you? While they're in default they can't enforce the debt in court

A letter complaining might provoke them into trying harder or inspire them to create an acceptable reconstituted version, and you don't want that either.

PRA used to instruct Chivers or Judge & Priestly solicitors to issue their claims but recently they have been issuing some (small claims) in-house where Robert Marr heads up the department as Litigation Director for PRA Group (UK) Ltd. He's a practicing solicitor (last time I checked) so entitled to sign the claim form as Legal Representative.

So far I can't see that they've done anything wrong for you to complain about. There might be later on in the proceedings, but then you'd use your Witness Statement to point that out any conduct issues to the court (it can help you to get costs even in the small claims court) not a letter to the CEO (by name) who is not party to these proceedings.

Di

[barney47]

Re: PRA Group, no Credit agreement

So in the morning I am sending by signed for post.

1. Acknowledgement of Service to the court to defend all of this claim

2. A CPR to obtain The Agreement from PRA Group with a copy of the latest CCA request.

Then see what happens!

[Diana M]

Re: PRA Group, no Credit agreement

So in the morning I am sending by signed for post.

1. Acknowledgement of Service to the court to defend all of this claim

2. A CPR to obtain The Agreement from PRA Group with a copy of the latest CCA request.

You can file the AOS online but some people find that tricky (password doesn't always work) so sending it by post will be fine as long as it gets to the court within the deadline (summons issue date + 14 + 5 days for postage).

The CPR 31.14 letter asks them to provide more things such as the Default Notice and Notice of Assignment not just the CCA.

It's the Claimant's duty/problem to prove the debt can be lawfully enforced in court. Let them do the hard work, don't do it for them.

Good Luck with this and post any updates on your thread.

Di

[charitynjw]

Re: PRA Group, no Credit agreement

So in the morning I am sending by signed for post.

1. Acknowledgement of Service to the court to defend all of this claim

2. A CPR to obtain The Agreement from PRA Group
Plus the other stuff @Diana M has mentioned.
with a copy of the latest CCA request.
No.....don't 'chase' the CCA request.

Then see what happens!

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[barney47]

Re: PRA Group, no Credit agreement

Thank you so much Di, I do appreciate all the help I have had on here, it really has taken a lot of worry off me.

[barney47]

Re: PRA Group, no Credit agreement

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I was going to enclose a copy of the last CCA request....should I take it out and just send the CPR stating that I require 'The Agreement' which PRA have referred to in the 'Particulars Of Claim' ??

[MIKE770]

Re: PRA Group, no Credit agreement

CCA1974 is mentioned in POC so CPR31.14 as Di states already is requested within? do not panic as things may do wrong else, just follow what they say on here, otherwise PRA will think we have easy pickings here as some action you may take shows a weakness!

[Diana M]

Re: PRA Group, no Credit agreement

One thing to remember is that every letter you write to the Claimant has the potential to be read by a Judge further down the line. That's one reason why you're writing them.

If they don't respond adequately then they may be harming their own case.

If their response says "we haven't got any of this stuff so we'll have to phone a friend" (or words to that effect) then they are admitting that they haven't got the paperwork they may need to enforce the debt in court (at this stage).

Di

[barney47]

Re: PRA Group, no Credit agreement

I have been thinking too much about this case again!!

I have sent off the CPR and the Acknowledgement forms but I am a little confused as to what happens next....
1. when will I know which track this case will go down (which court)
2.If PRA fail to supply the required documentation (credit agreement) within the 7 day time limit what will happen
3. If this case goes to the small claims court have I lost regardless of PRA giving me the CA as the CPR will be void

I know I'm worrying over this but nothing like this has happened to me before!