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PRA group claimform - BoS credit card debt***Claim Discontinued***


colfhax
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I'll begin with thanking any one who can help and advise me with this.

 

I had a Bank of Scotland credit card from1995 until 2006 when employment and marital issues took their toll and I was unable to meet payments required but did continue to make minimal payments.

 

 

They subsequently passed the debt to Moorcroft Debt recovery and I continued to make monthly £20 payments more when I could

 

 

The debt has reduced from £13700 to £9640 (oct 2016)

Other than a few reminder letters MDL seemed ok to receive monies.

 

On 24/10/2016 i received a letter from PRA group advising they had purchased debt (no confirmation of this received from MDL)

I did not contact either company at this point and ceased my monthly payments.

 

 

Their letter also stated debt was with Lloyds TSB bank letter who I understand took over BoS in the financial crash of 2008

 

On 17/11/2016 i received letter before claim notice as required for pre action protocols

 

In response to this I sent s78 request signed for with £1 PO

 

Reply recd 3/12/16 returning the £1 PO saying it was not required and case on hold until they sent me the requested info together with their 'fact sheet 'saying it may take longer than the 12 working days.

 

26/1/17 PRA letter received with copy credit card statements only from 2003 to 2006 and advising debt marked as currently unenforceable.

 

1/2/17 PRA letter received with copy of original signed credit agreement and letter still advising debt currently deemed unenforceable.

 

20/2/17 PRA letter received chasing debt again and asking for contact which I have not done.

 

6/3/17 PRA claim letter received before pre action protocols wanting response before 22/3 constituting a formal demand for payment before court proceedings are started.

 

 

It also states the creditor assigned this to PRA on 6/11/2014 but they did not have this case until October 2016 it was previously assigned to Moorcroft debt recovery

 

I am not sure what to do now and any help /advice would be greatly appreciated Again thanks in advance

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scan up the CCA return

I VERY much doubt its enforceable!! if from 1995

 

 

to ONE MULTIPAGE pdf please

read the upload

 

 

don't need the statements

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi dx100 thanks for responding

 

 

enclosed attachments cca letter and copy of signed agreement suitably redacted of personal info.

 

 

I would mention that no copy of T&C either from inception or modifieds through term of card were sent with this cca response

court claim.pdf

Edited by dx100uk
5MB recuced to <.1Mb - dx
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where the rest of it!

that's not compliant and missing T&C's

 

and its not an agreement

its an application form devoid of most of the prescribed terms too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@dx100uk thats all that has been sent in response to cca request along with copy statements in previous letter to this one (which is same wording)

 

 

as you can see letter says it is unenforcable and their latest letter is the claim required by practise direction on pre action protocols and constitutes a formal demand.

 

 

Guessing i should wait and see if they try to get a court hearing and then use these ommissions in defense as not complying with the cca request.

 

 

i can confirm i have had no contact with PRA by any means other than the cca request and i certainly am not going to advise them of these ommissions your thoughts on this greatly apreciated thank you

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you come here first before you do anything IF you get a claimform..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I most definitely will as your advise is invaluable

i don't expect to hear from PRA again until 22 march onwards as per their latest letter

 

As a thought

not withstanding the missing T&C from the cca request

didn't credit card application forms double up as the form of agreement in the early days as it was signed as an agreement regulated by the consumer credit act 1974?

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but I don't think that form includes any prescribed terms as it must to be so.

 

use the search CAG box red toolbar

prescribed terms

 

theres a good post by andyorch on it

 

I might have it but i'm not on my server for a short period

will be back on it later

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just read andy's post 26/1/2012 and as my application agreement is pre 2007 the prescribed terms should be included and signed they obviously aren't as signature only refers to consent and application searches we will no doubt speak later this month but thanks for what you have done so far

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  • 4 weeks later...

Hello DX100UK

Further to my earlier posts

came home from work today to claim form from Northampton court business centre {see atachement for details of their claim}

Issue date 31/3/2017 therefore service date is 5/4/2017

Other than I need to reply by 19th April i am flummoxed.

 

Information details I dispute in their claim

 

1} agreement was taken out with Bank of Scotland in 1995 not Lloyds bank who did not take over until 2008 during their buy out of BoS in financial crisis

 

2} Never had any dealings or notices with/from Aktiv capital

As i mentioned before I was making payments directly to Moorcroft Debt recovery up until October 2016 when I received letter from PRA dated 24 10 16 saying they had purchased the debt not saying who from

 

 

therefore am I correct in saying their assignment is from this date particularily as the amount quoted before their charges and interest of £9640 is the last amount advised to me by Moorcroft debt recovery{unfortunately haven't got Moorcrofts last letter}

 

3} As we previously discussed their response to CRA request was only a copy of application form with no t&c's and prescribed terms or copy of agreement

 

I have the admission defense and acknowledgement of service forms and am really not sure which to complete

 

 

As always your advise and help with this is invaluable

BoS claim.pdf

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Name of the Claimant ? PRA group [uK] Ltd

 

Date of issue – 31st March 2017

 

What is the claim for

 

1.The claimant claims the sum of 10128 for debt and interest.

2.On 30/3/95 the defendant entered into an agreement with Lloyds for a Credit Card under reference xxxxxxxxxxxxxxxx

 

3.On 14/11/06 the defendant defaulted on the agreement with an outstanding balance of 10160

4.On 24/6/14the debt of 10160 assigned to Aktiv Kapita Portfolio AS oslo Zug branch who itself assigned the the debt to PRA group [uK] Ltd

5.on 31/12/14 Notice of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925

6.Payments of 480 received upto 10/8/16

and the claimant claims

1 the sum of 9640

2 statutory interest pursuant to Section 69 of the county courts act 1984 at a rate of 8.00% per annum from 10/8/16 to 29/3/17 £488 and therafter at a daily rate of 2.11 until judgement or sooner payment

 

What is the value of the claim?£10160

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? before 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

no assignment received from Aktiv Kapital

in June 2014 Letter dated 24 /10/16 received from PRA group stating they had purchased debt

 

Did you receive a Default Notice from the original creditor? cannot remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall

 

Why did you cease payments? Was paying Moorcroft Debt recovery until August 2016 when changed from weekly to monthly pay was still sorting out budget when PRA took over have not paid anything to them while seeking advice and information

 

What was the date of your last payment? August 2016

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a DEBT MANAGEMENT PLAN?

Vaguely remember phone conversations

Was making regular payments of irregular amounts in response to phone calls but do not recall a formal arrangement

 

Already requested CCA 29/11/16 response to which we have discussed and will be sending cpr34.14 request in next day

 

Hope this is ok look forward to your response thank you

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hello dx100uk

just to say I registered AOS at mcol last night and mailed today CPR34.14 request 1st class signed for today {had printer issues yesterday}

 

how long should i wait for response

bearing in mind i need to lodge a defence by 2nd may {31/3 +4+28}if i have calculated correctly?

 

I have made a few notes {see attachments } responding to lines in their claim as submitted plus details of PRA responses so far re s78 reply

 

hope my handwriting is decipherable

Any comments greatly appreciated

 

At this point i have said nothing about Moorcroft Debt recovery dealing with the BoS account upto 2016 and have made no mention of BoS as they did not get taken over by Lloyds until 2008 after this debt had already been assigned

 

I have also noticed they say original default amount is £10160 on 14/11/06 when statement of 8/11/06 showed balance outstanding of £13776

 

although figures quoted for claim amount at 10/8/16 of £9640 is the last figure i was advised by Moorcroft who they must have purchased debt from as advised to me in letter 24/10/2016 your advice as always with thanks

notes 1.pdf

notes2.pdf

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No due till by 4pm Tuesday 2nd may

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

hello dx100uk

 

 

it would appear that my cpr 34.14 request to PRA has made them re look at their claim

 

 

today I have received for my signature a notice of discontinuance draft consent order which I am guessing means they do not currently want to proceed.

 

 

They requested this back by 2nd May which is date I have to submit my defence by

 

 

should I still submit my defence and include a copy of this as part of my defense showing PRA intent to discontinue

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I wold more guess it was the CCA request that did it

so what do they say regarding costs?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good just checking

 

 

cant see an issue then

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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not due till the 2nd

see what happens

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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quoting consent order "there be no order as to costs except each party to pay their own costs of this claim"

 

Hence the Consent Order....as this is or will be in the Fast Track the claimant is liable for your costs....see CPR 38.6

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.6

 

Regards

Andy

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  • 2 weeks later...

hi guys

As it is now 2nd May I just logged on to MCOL for update and to see if I need to defend and the last note filed is

"The Claimant has notified that the claim has been discontinued. You cannot respond to the claim at this time. "

Is this the end?

 

 

If i have read correctly they cannot reclaim on this without court permission

Do I need to do anything at this point?

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Excellent news colfhax ...the claim is over and finished..there is nothing further for you to do......except file it all away safe for future reference.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hi guys am so pleased at this outcome and cant express enough my thanks for all the help and advice you have given. I would reiterate to anyone reading this thread it was never my intention to avoid paying this debt which i was doing from 2008 to 2016 through a different DCA who then sold the debt to another who couldnt even get basic details and legalities correct and it goes to show it is worth taking them on with good help and advise to show them the error of their ways and in my case they stopped proceedings before it went to court Again guys many thanks and a donation is on its way

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