PRA Group, no Credit agreement

[livingthedream]

Re: PRA Group, no Credit agreement

Barney, I would try and not worry, you are following the correct process, the PRA group and many others are chances, they throw enough arrows and some may stick!

The PRA Group are hoping you will buckle, if they fail to provide documents then you can apply for an unless order, which would force their hand, be prepared that they may even take you all the way to the courts, but from what I have read it really doesn't look in their favour

For pre-2007 agreements they need to be squeaky clean on their documents, they have to be complete and contain every element, if the case goes to court and they haven't provided the CA and EVERY single piece of documentation that is referred to in, they won't get far

Try not to worry

[barney47]

Re: PRA Group, no Credit agreement

Another letter arrived today from the Chief Operating Officer PRA Group.
They have sent a pile of statements but nothing else, the covering letter says they are awaiting further documents from Lloyds and that I shall receive no further contact from PRA until they can supply the requested documentation.

One thing which is on my mind is how do I know if court action has now ceased because of this as I have been dealing with the Bromley office and R Marr but this letter came from Scotland from a J Miller.

Do I still have to send in my defence to the court?

Thanks in advance

[livingthedream]

Re: PRA Group, no Credit agreement

Another letter arrived today from the Chief Operating Officer PRA Group.
They have sent a pile of statements but nothing else, the covering letter says they are awaiting further documents from Lloyds and that I shall receive no further contact from PRA until they can supply the requested documentation.

One thing which is on my mind is how do I know if court action has now ceased because of this as I have been dealing with the Bromley office and R Marr but this letter came from Scotland from a J Miller.

Do I still have to send in my defence to the court?

Thanks in advance

I would still carry on until you know differently, if you don't file a defence they could go for summary judgement, but as you can clearly see, they have commenced action without any documents, I'm sure someone else may be able to confirm but you can go for an unless order

Also if you need to know anything about a case, just phone the courts, they should be quite helpful but can give you an update and you can check if it's stayed, however don't do what you need to do on your defence, carry on as usual

[charitynjw]

Re: PRA Group, no Credit agreement

Hi barney47

Stick rigidly to the court schedule & follow any court instructions in a timely fashion.

If the claimant can't produce the relevant (& accurate) info in time, the case will likely be stayed.
(You probably won't get notification of this).

[barney47]

Re: PRA Group, no Credit agreement

BUT...
after the 7 day deadline of the CPR sent to PRA, how do I then ask the court to request the documentation for my defence......and.....when do I send in my defence??

[charitynjw]

Re: PRA Group, no Credit agreement

BUT...
after the 7 day deadline of the CPR sent to PRA, how do I then ask the court to request the documentation for my defence......and.....when do I send in my defence??

The CPR request is normally sent to the legal rep; however, PRA should pass it on (esp as it is all in-house).
The CCA request(s) you have sent to PRA will mean that, if they don't comply fully, they cannot enforce the claim.
Did your CPR letter invite the claimant/their sols to a 28 day extention?
If so, have they accepted?
& are you getting proof of posting for your letters?

[barney47]

Re: PRA Group, no Credit agreement

The CPR stated ' If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court'
I have heard nothing from PRA ref extending the time.
It also stated that I require the requested documentation within 7 days.
All letters have proof of postage with signatures upon receipt.

[charitynjw]

Re: PRA Group, no Credit agreement

The CPR stated ' If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court'
I have heard nothing from PRA ref extending the time.
It also stated that I require the requested documentation within 7 days.
All letters have proof of postage with signatures upon receipt.

Ok, so as things stand atm, you will need to file your defence at court within 33 days of the issue date on the court claim. If sending by post, allow a couple of days for posting & get proof of postage (SignedFor is best).

[barney47]

Re: PRA Group, no Credit agreement

Ok, so as things stand atm, you will need to file your defence at court within 33 days of the issue date on the court claim. If sending by post, allow a couple of days for posting & get proof of postage (SignedFor is best).

How do I file my defence.. do you have any templates for reference?

[charitynjw]

Re: PRA Group, no Credit agreement

http://legalbeagles.info/forums/show...t-Court-Claims

A standard 'no docs' defence.
Amend as necessary to suit your situation.

[barney47]

Re: PRA Group, no Credit agreement

PRA Pulled The Rabbit out of the bag after the court claim issue date of 14 july 2016.

Summary

14 june 2016 sent letter to pra requesting copy of agreement CCA request with a £1.00 payment.

17 june 2016 letter received from PRA stating they are in receipt of previous correspondence yet still failed to supply a credit agreement. The sum of £1.00 was returned.

23 june 2106 received letter from pra stating that the account has been transferred to the litigation dep and notice of pra's intention to issue court proceedings. Pre Action Protocols. No credit agreement supplied.

14 JULY 2016 Received Court Claim from Northampton courts.

17 JULY 2016 responded to the court to defend my case in full.
17 July 2016 Sent PRA' s legal rep a CPR notice.

20 JULY 2016 received letter from PRA's chief operations officer supplying me with past statements of accounts, yet failed to supply the credit agreement and that they are still awaiting further documentation.

To day received letter from PRA's Chief operating officer dated 27 JULY 2016 enclosing a copy of credit agreement relating to the claim. they say that they are awaiting further documentation.

The credit agreement looks in order.

I believe that PRA claim is an unjust attempt at gaining further enrichment as the court claim form states that they are looking for interest to be paid from 17 july 2013 - 12 july 2016. During these three years I have asked ak and pra for copy agreements.

My question.... should i continue with the court case and argue that this agreement has only just come to light and that the interest on the account should be thrown out..?

if not.... HELP!!! What should i do now....

Btw... I had signed the section Payment Protection on the original application... Will I be able to apply for PPI..?

Many thanks

[Diana M]

Re: PRA Group, no Credit agreement

I think their rabbit may need closer inspection. You may say the agreement "looks in order" but the devil is in the detail. Post a redacted copy on your thread (don't damage or deface the one they've sent to you).

You say it has the box ticked for PPI. Did they also send you a copy of the PPI policy document (I bet they didn't). They have to comply with s.18 as well as s.78

You need to file your Defence no later than 33 days from the date of issue (when was that?). Leave it until nearer the time in case anything else does/doesn't turn up. You've sent a CPR 31.14 Request too haven't you?

How much is this claim to gauge if it's likely to be in the Small Claims Court or the Fast-Track where they have to comply with greater disclosure.

I look forward to seeing the DN from Lloyds

Di

[barney47]

Re: PRA Group, no Credit agreement

I think their rabbit may need closer inspection. You may say the agreement "looks in order" but the devil is in the detail. Post a redacted copy on your thread (don't damage or deface the one they've sent to you).
Shall i block acc no's and names etc...?


You say it has the box ticked for PPI. Did they also send you a copy of the PPI policy document (I bet they didn't). They have to comply with s.18 as well as s.78 No, they did not send a PPI policy document.

You need to file your Defence no later than 33 days from the date of issue (when was that?). Leave it until nearer the time in case anything else does/doesn't turn up. You've sent a CPR 31.14 Request too haven't you?

Spoke to the court two days ago... i have until 16 August to file my defence. I sent a CPR 31.14 to PRA on the day of receipt of the court claim... recorded delivery, signed for proof of posting kept.

How much is this claim to gauge if it's likely to be in the Small Claims Court or the Fast-Track where they have to comply with greater disclosure.
The debt they are claiming for is approx 4000. and another 1000. for interest together with additional court costs to the total is 5000.

No default notice from lloyds was ever received, nor any other default notice from any other company.





I look forward to seeing the DN from Lloyds

Di

What should I do next...? I will post a copy once i know what details to obscure.. many thanks Di

[barney47]

Re: PRA Group, no Credit agreement

What i thought was a PPI box is in fact a card protection box so please disregard this!
With the badly photocopied agreement there are no terms and conditions, does this form part of the agreement?
I dont think I ever received a DN from Lloyds.

I really am at a loss as what to do next.

UPDATE, on closer inspection I HAVE signed the payment protection insurance section so how do I go about claiming PPI

[barney47]

Re: PRA Group, no Credit agreement

Hi Guys

I have until 16 August to submit my defence... This is a copy of what PRA sent to me... the original copy they sent is small and very hard to read.. Iv taken out my details. They have not sent anything else with it.

Should i now change my defence and just defend the interest they are claiming... ?

Please help... im getting sleepless nights