PRA Group, no Credit agreement

**nemesis45** · 29th July 2016, 08:15:AM

Re: PRA Group, no Credit agreement

Originally posted by barney47 View Post

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

Hello Barney,

Is that all they have sent? No terms and conditions?

nem

**barney47** · 29th July 2016, 08:45:AM

Re: PRA Group, no Credit agreement

Originally posted by nemesis45 View Post

Hello Barney,

Is that all they have sent? No terms and conditions?

nem

Yes nem... just a covering letter and a single sheet of paper with a copy of the doc...

do i still stand by my defence or just relent... ?

**nemesis45** · 29th July 2016, 08:49:AM

Re: PRA Group, no Credit agreement

Originally posted by barney47 View Post

Yes nem... just a covering letter and a single sheet of paper with a copy of the doc...

do i still stand by my defence or just relent... ?

My feeling is the document is not easily legible in all parts and is incomplete because the full terms and conditions are not present.

I would stick to the defence. The validity of the " agreement" can be part of your witness statement if the claim gets that far.

nem

**Diana M** · 29th July 2016, 10:03:AM

Re: PRA Group, no Credit agreement

Originally posted by barney47 View Post

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

You seem to have agreed to PPI and Card Care Insurance on that application form. They'll need to provide you with the Ts & Cs and policies relating to both those products since they're both referred to in the "agreement" (s.18).

Don't write and ask for anything more from them. Let them do all the work, or better still let them think they've got all the paperwork/evidence they need to win when they may not have.

You say your Defence deadline isn't until 16th August (what is the issue date?) so you have plenty of time to prepare your Defence. Although one argument can defeat a claim it's always good to throw in everything you've got in case one fails to persuade the DJ.

No need for sleepless nights

Di

**barney47** · 29th July 2016, 10:52:AM

Re: PRA Group, no Credit agreement

Originally posted by Diana M View Post

You seem to have agreed to PPI and Card Care Insurance on that application form. They'll need to provide you with the Ts & Cs and policies relating to both those products since they're both referred to in the "agreement" (s.18).

Don't write and ask for anything more from them. Let them do all the work, or better still let them think they've got all the paperwork/evidence they need to win when they may not have.

You say your Defence deadline isn't until 16th August (what is the issue date?) so you have plenty of time to prepare your Defence. Although one argument can defeat a claim it's always good to throw in everything you've got in case one fails to persuade the DJ.

No need for sleepless nights

Di

The issue date of the claim is 14 July 2016

btw thanks guys for all your help xx

**barney47** · 30th July 2016, 07:57:AM

Re: PRA Group, no Credit agreement

Hi Guys

Me again.

Just a quickie.

Am I right in saying that in accordance with the consumer credit act prior to 2007 that all documents required must be contained within a single, signed documents and parts may not be sent separately or issued under separate cover. ??

If so, does this apply to the consumer credit act 1974 as well.
if so... which sections should i read...

Many thanks in advance, and have a lovely weekend to all

**MIKE770** · 30th July 2016, 08:05:AM

Re: PRA Group, no Credit agreement

you mean within 4 corners?

**barney47** · 30th July 2016, 08:43:AM

Re: PRA Group, no Credit agreement

Originally posted by MIKE770 View Post

you mean within 4 corners?

Sorry Mike... not sure on your question... could you elaborate ..

**MIKE770** · 30th July 2016, 08:50:AM

Re: PRA Group, no Credit agreement

Wakeman Comment:-
any agreement to which a signature is applied MUST be 'bounded' by that which the signature is applied to. The signature is the 'bottom line,' and any addition thereafter (or 'heretobefore - whatevva) is NOT 'within the four corners.

so basically any part of an agreement must be within 4 corners of agreement i.e. not after a signature agreeing to the terms>

I am sure others will comment also, so verify or correct me?

In fact pt2537 was involved if I remember correctly with the Harrison case?

**barney47** · 30th July 2016, 09:12:AM

Re: PRA Group, no Credit agreement

hears another for you mike...

if a credit agency purchases a debt do they have to provide the debtor with true copies of assignment, proof of purchase of that debt or ownership of the debt, to include the original default notice to be able to by law legally collect the outstanding balance? and within a single continuous document and not provide documents in sporadic and separate correspondence over a period of years ?

**MIKE770** · 30th July 2016, 09:24:AM

Re: PRA Group, no Credit agreement

Credit buyer only has name/address/amount alledged owed - you make a request then they state we have asked originator for the said items, account on hold.

Deed of assignment is a confidential document - so all you should get is Notice of Assignment from seller/buyer that the new owner is bla bla bla.

**MIKE770** · 30th July 2016, 09:35:AM

Re: PRA Group, no Credit agreement

as has been stated above follow court instructions as/when they come in! you have few good people helping you on this thread = keep them informed and ask their advice if necessary!

**barney47** · 30th July 2016, 09:55:AM

Re: PRA Group, no Credit agreement

Originally posted by MIKE770 View Post

Credit buyer only has name/address/amount alledged owed - you make a request then they state we have asked originator for the said items, account on hold.

Deed of assignment is a confidential document - so all you should get id Notice of Assignment from seller/buyer that the new owner is bla bla bla.

But.. is the deed of assignment proof that the original creditor has sold the debt to the credit agency. That if the deed of assignment has been issued.. then the debt has been cleared by the credit agency hence making that debt invalid.. if a debt has been paid then there is no debt to be satisfied. So a NOTICE of assignment from a credit agency means absolutely nothing in a court of law.. that it is an unlawful act by trying to baffle debtors. Also the original creditor would not supply a deed of assignment to the credit agency or they cant claim their indemnity insurance.. is any of this right in my understanding of how debts are bought and sold...

Sorry mike i dont mean to take up your time on a saturday of all days. but i do appreciate your input

**MIKE770** · 30th July 2016, 10:06:AM

Re: PRA Group, no Credit agreement

sorry but I hope you have not been reading from another certain site?

suggest you concentrate on the matter in hand and if what you keep asking was fact then the people who deal with this court procedures would of queried the said subject you are on about.

you have been given the answers - now is the time to concentrate on reality of the case in hand! ask the people above who are helping you to get your case thru the legal process etc?

**barney47** · 30th July 2016, 10:22:AM

Re: PRA Group, no Credit agreement

Sorry mike... i was just trying to understand the processes by which credit agencies work. ... i believe that the more knowledge of something is always beneficial... this is all new to me ...

i will do as you suggest however and will concentrate on my case and not something that is not set in stone... many thanks for your time, really appreciate it.