Have received a claim form for a debt thats 13 years old

[Midnight67]

Hi, I have received a claim form from The Civil National Business Centre for a debt that is over 13 years old. This is what is on the claim form;

Particulars of claim; The claimant (PRA Group) claims the sum of £10612.24 for an o/standing debt owed. On 02/07.2009 the defendant entered into an agreement with Lloyds Bank for a bank loan under reference number xxxxxxx. On 06/09/2010 the defendant defaulted on the agreement with an o/standing balance of £11428.22. On 08/12/2020 the debt of £10612.24 was assigned to PRA Group (UK) Ltd who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/2023. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. The claimant has instructed PRA Group (UK) Ltd to act on its behalf in the recovery of the o/standing debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £10612.24.

Please can someone advise on what to do. I have no paperwork relating to this, although I did take the loan out. A bit of back story, I had to sell the house I owned because of my abusive ex husband. He ran up debts against the house and I could not afford the mortgage repayments, so after a year I had to sell the house and I had to move in with my Mother with 2 children, we were sleeping on the floor as she only had 1 spare bedroom. I lost everything and that is why I defaulted on the loan. The loan was to consolidate debts I had been left with after my ex left. It has taken me 13 years to get a healthy credit score and now this. I am beyond scared and worried. I just don`t have the money to repay. I live alone in a 1 bedroom house.

I would be so grateful for any advice. A friend thinks this is a scare tactic and to ignore it but it says not to ignore as a judgement can be made against me that will affect my credit score etc.Is this true? Do I admit to the debt or dispute after all this time? Thank you

[echat11]

Hi MIDNIGHT67

Welcome to LB

Fill in the following, copy and paste back to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:


a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence, you've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to PRA, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to their solicitors, they will provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Midnight67]

Hi Echat 11, I really appreciate you responding, answers as requested;

Received a claim? YES
Issue Date: 18.04.24
Have you Acknowledged the Claim?: NO
Total Amount Claimed : £11k
Claimant’s Name:PRA GROUP (UK) LTD
Solicitors Firm: I dont have a solicitor. Nothing on the claim form for them
Original Creditor: Lloyds Bank
Original Debt :Loan:
Particulars of claim; The claimant (PRA Group) claims the sum of £10612.24 for an o/standing debt owed. On 02/07.2009 the defendant entered into an agreement with Lloyds Bank for a bank loan under reference number xxxxxxx. On 06/09/2010 the defendant defaulted on the agreement with an o/standing balance of £11428.22. On 08/12/2020 the debt of £10612.24 was assigned to PRA Group (UK) Ltd who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/2023. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. The claimant has instructed PRA Group (UK) Ltd to act on its behalf in the recovery of the o/standing debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £10612.24
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I dont know, I have made no contact with PRA or any other creditor
List any letters you have sent (eg: CCA/ CPR ):NONE - I dont know what CCA or CPR stand for, but I have made no contact with anyone
Any Other Information or Background Details: I have absolutely no paperwork for this debt

In response -
b) I have no paperwork so dont know where to send a SARS to?
c) What is a CCA?
d) CPR 31.14 request to their solicitors - What is a CPR? there are no solicitor details on the claim form

Thank you for all your help, sorry for all the questions but I just dont understand the legal terms etc and I am panicking so much I cant think straight.

[echat11]

a) You need to Acknowledge Service of the claim, you need to do it via MCOL, that will give you more time to lodge your defence with the Court, this is VERY IMPORTANT.

b) I have no paperwork so dont know where to send a SARS to?

In the Particulars of Claim, they tell you who the original Creditor is, Lloyds Banks, Google their Registered Address and send it there, make sure you get Proof of Postage.

c) What is a CCA?

It stands for the Consumer Credit Act 1974, it's legislation that's been passed by Government that regulates certain forms of consumer credit offered to consumers, it's quite lengthy, it's a good read enjoy.

https://www.legislation.gov.uk/ukpga/1974/39/contents

d) CPR 31.14 request to their solicitors - What is a CPR? there are no solicitor details on the claim form

CPR, stands for Civil Procedure Rules, they state how parties should engage with the Court and each other in the conduct of Small Claims cases. Again, quite lengthy.

https://www.justice.gov.uk/courts/procedure-rules/civil

It may be that it's PRA own in house solicitors, send it PRA.

[Midnight67]

Thank you so much, I have sent all of the above now. I guess I just wait now. I am a wreck, I cant sleep for the worry. Your help is much appreciated. I will be back when I start receiving the paperwork! Thanks again.

[echat11]

Thank you so much, I have sent all of the above now. I guess I just wait now. I am a wreck, I cant sleep for the worry. Your help is much appreciated. I will be back when I start receiving the paperwork! Thanks again.

Don't forget this - workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Midnight67]

Hi Echat11,

The 28 days is up the end of next week. I have received a letter back from PRA Group returning my postal order saying they will be in touch. I have today received a letter from LLoyds TSB saying I have to go to a branch to verify myself and then post off the certified documents, so a couple of days post delays this again and they say it will take 30 days to get paperwork back, this well exceeds next weeks deadline. I am really panicking now. I haven`t heard from anyone else.

Please help. I was rushed into Hospital last Wednesday and have been really poorly since, I think the stress of all this has definitely contributed.

Thank you again.

[echat11]

Hi Echat11,

The 28 days is up the end of next week. I have received a letter back from PRA Group returning my postal order saying they will be in touch. I have today received a letter from LLoyds TSB saying I have to go to a branch to verify myself and then post off the certified documents, so a couple of days post delays this again and they say it will take 30 days to get paperwork back, this well exceeds next weeks deadline. I am really panicking now. I haven`t heard from anyone else.

Please help. I was rushed into Hospital last Wednesday and have been really poorly since, I think the stress of all this has definitely contributed.

Thank you again.

Calm down.

Go to the branch when you can. it's not ugent.

Don't worry if you don't get the requested paperwork before you file your Defence.

Update the thread on the 15th May, then I can help with your Defence.

[Midnight67]

Hi,

Thanks for your prompt response. The claim was dated 18th April, so presumably I have to submit it by next Friday at the latest, that being 17th May?

I thought that if a debt was over 6 years old its statute barred and they cant come after you? Everything I have read alludes to this, this debt is 13 years old.

[echat11]

Hi,

Thanks for your prompt response. The claim was dated 18th April, so presumably I have to submit it by next Friday at the latest, that being 17th May?

I thought that if a debt was over 6 years old its statute barred and they cant come after you? Everything I have read alludes to this, this debt is 13 years old.

a) Thanks for your prompt response. The claim was dated 18th April, so presumably I have to submit it by next Friday at the latest, that being 17th May?

That's correct.

b) I thought that if a debt was over 6 years old its statute barred and they cant come after you? Everything I have read alludes to this, this debt is 13 years old.

Providing you haven't made any payments or acknowledged the debt in the last 6 years, then the debt is Statute Barred. Have you moved in that time?

[Midnight67]

I have moved several times, and have not acknowledged the debt.

[echat11]

I have moved several times, and have not acknowledged the debt.

If they wanted to locate you, they could have checked your Credit File via Credit Reference Agencies.
Is that correct?

[Midnight67]

I guess so! And my credit rating is excellent. If this was on my credit file then surely it would affect my credit score?

[echat11]

I guess so! And my credit rating is excellent. If this was on my credit file then surely it would affect my credit score?

After an account has been 'Defaulted', the Default will stay on your Credit File for 6 years, then it will drop off.

[Midnight67]

Hi, Can you please help with my defence. I have no idea how to word it. I would be so grateful. I only have Tuesday to get it prepared and posted. Thank you