PRA Group, no Credit agreement

[MIKE770]

Re: PRA Group, no Credit agreement

you are dealing with Debt Purchasers - Not credit agencies !

[barney47]

Re: PRA Group, no Credit agreement

Tomorrow I am sending in my court papers, I am defending the claim in full and have loads of evidence pulling apart every aspect of PRA's claim as their dates are wrong, there was no assignment letter sent, no default sent and they sent me an illegible agreement without any terms and conditions , it is very detailed so I will wait to see what happens.....What will happen next as in whats the next step?

[nemesis45]

Re: PRA Group, no Credit agreement

Tomorrow I am sending in my court papers, I am defending the claim in full and have loads of evidence pulling apart every aspect of PRA's claim as their dates are wrong, there was no assignment letter sent, no default sent and they sent me an illegible agreement without any terms and conditions , it is very detailed so I will wait to see what happens.....What will happen next as in whats the next step?

The court will serve your defence upon the claimant they will then have 28 days + 5 for service to respond. If the claimant fails to respond within time allowed the court will stay the claim please note you will not be told when this happens so a check will be needed with the court office to check what has happened.

nem

[barney47]

Re: PRA Group, no Credit agreement

So am I right in thinking PRA will have another 28 days to come up with all the missing documentation?

[nemesis45]

Re: PRA Group, no Credit agreement

So am I right in thinking PRA will have another 28 days to come up with all the missing documentation?

/They have 28 days to respond to your defence they can decide to continue even without the agreement / or with it or decide to discontinue, the other possibility is that they will leave the claim stayed ( suspended)

nem

[barney47]

Re: PRA Group, no Credit agreement

Hi, a letter from PRA dropped through the door this morning informing me that they are going all the way to court, I am a little confused as to how this will go as they still have not complied with my request for documentation, all I have had from them is a very small illegible agreement, no terms and conditions, no default notice and no assignment.
Would a judge just ignore the Consumer Credit Act and say "tough, you had the card so pay up" if this is the case then what's the point in having laws regarding consumer credit?

[barney47]

Re: PRA Group, no Credit agreement

Anyone shed any light on the above post please?

[EXC]

Re: PRA Group, no Credit agreement

I'll give [MENTION=55034]nemesis45[/MENTION] a shout.

[Amethyst]

Re: PRA Group, no Credit agreement

Hi, a letter from PRA dropped through the door this morning informing me that they are going all the way to court, I am a little confused as to how this will go as they still have not complied with my request for documentation, all I have had from them is a very small illegible agreement, no terms and conditions, no default notice and no assignment.
Would a judge just ignore the Consumer Credit Act and say "tough, you had the card so pay up" if this is the case then what's the point in having laws regarding consumer credit?

Possibly, but not if you argue it correctly. When you get a court date through you can start working on a Witness Statement to put across your arguments to the court - ie. the failing in their compliance with the consumer credit act on content and legibility. It sounds like there are plenty of faults and it really isn't unheard of for PRA to push things right up to a hearing date before discontinuing as they know their case is shonky. There will be a date on the hearing letter for PRA to pay the hearing fee, sometimes whether they pay that or not is a good guide as to whether they are actually serious or not.

Just let us know if you receive anything else from PRA, but as it stands it seems you have a decent chance of defending.

Just my twopenneth while you wait for Nem xxx

[Diana M]

Re: PRA Group, no Credit agreement

a letter from PRA dropped through the door this morning informing me that they are going all the way to court, I am a little confused as to how this will go as they still have not complied with my request for documentation

They should be informing the court that they intend to continue with the proceedings not you, unless that letter is designed to intimidate, in which case it seems to have worked. Try to have more confidence in your current position

Without sight of the paperwork it's hard for me to comment however if you've got an unenforceable credit agreement they may "go all the way to court" but they won't win if your case is presented properly.

From what you say they've got other problems too such as no DN or NOA. However they may exhibit these (as recons) with their Witness Statement further down the line.

The only concern I have is you may have revealed a little bit too much in your Defence (I can't see a draft posted on your thread for comments) if you actually said the Ts & Cs were missing which allows them to remedy the situation. Less is more in the early stages of litigation.

I am sending in my court papers, I am defending the claim in full and have loads of evidence pulling apart every aspect of PRA's claim as their dates are wrong, there was no assignment letter sent, no default sent and they sent me an illegible agreement without any terms and conditions , it is very detailed

Once PRA inform the court they're continuing you will be sent a Directions Questions to complete and return. On that form there's the option to tick a box for free telephone Mediation if you want to settle not fight on.

Di

[barney47]

Re: PRA Group, no Credit agreement

So I may or may not get a letter from the court with Directions Questions depending on whether PRA pay the court fees? If I do will I be able to send in another witness statement with it as I have already sent in a witness statement with my defence.
PRA state in their letter "We have written to the court to inform it that we wish to proceed with our claim"

Thanks to everyone for your help

[Diana M]

Re: PRA Group, no Credit agreement

So I may or may not get a letter from the court with Directions Questions depending on whether PRA pay the court fees? If I do will I be able to send in another witness statement with it as I have already sent in a witness statement with my defence.
PRA state in their letter "We have written to the court to inform it that we wish to proceed with our claim"

You've only filed your Defence so far unless you filed a Witness Statement earlier than you needed.

Wait until you hear from the court. You will have plenty of time to deal with this claim.

No need to reply to PRA's letter.

Have a good weekend.

Di

[barney47]

Re: PRA Group, no Credit agreement

Today is a good day.....WE WON!!!!!!
PRA group have decided to withdraw court action against me and have dropped the case.
A massive thankyou to Joanna Connolly Solicitors and to Dianna Mayhew for their excellent work and support throughout. XX

[Diana M]

Re: PRA Group, no Credit agreement

Today is a good day.....WE WON!!!!!!
PRA group have decided to withdraw court action against me and have dropped the case.
A massive thankyou to Joanna Connolly Solicitors and to Diana Mayhew for their excellent work and support throughout. XX

Well it's a good day for you, but not a good day for PRA.

Winning always feels good

Di

[Littlepig]

Re: PRA Group, no Credit agreement

Congratulations [MENTION=19035]barney47[/MENTION] I'm very happy for you I'm in the same boat myself,PRA took me to court last December they never responded to my intention to defend so it was stayed.
Now they are back again!
I responded the same with Intention to defend!
Again I never heard anything...

Then an envelope with a County Court Judgement default inside...

The default says I never responded?

I have now had to pay the fee to have requested to set aside and now requested a SAR and that PRA never sent me any documents under disclosure nor did they send any documents or details to court.

Am I on the right lines?

Congratulations again on your triumph