std letter they always sent just to intimidate you.

go read other pra claimform threads.

dx

Thanks guys.

Yeah, working my way through some of the existing claim form threads as much as I can.

Going back to the SAR from post 85, I wrote back to the Gresham office of Lloyds last week basically saying that I have been sent documentation from PRA and needed to verify it's authenticity and whether there was anything they could do to help. I also included the PRA document pack and the letter that Lloyds sent in response to my SAR.

I feel doubtful that anything will come back from it. Without the SAR I worry that I won't be able to challenge the account statements effectively.

Forget Lloyds and DSARs its irrelevant to the claim..you are defending against PRA and what they can disclose to substantiate their claim.

Andy

Ok, so I've just received a DQ N180 form along with an EX730 form for this. As far as I can work out from other threads and reading the form:

1. I need to complete the form and send a copy to the court;

2. I need to serve a copy on PRA (with phone number, signature and email address redacted);

3. I need to agree to mediation as it looks better for me.

Things I am still unsure on:

1. It is assigned to the small claims track - this seems to be correct but not entirely sure;

2. Do I need to serve a copy of the EX730 on PRA, or just the N180? - from what I see on the N149A notice it is just the N180.

3. On the EX730, I can tick "YES" for "agreeing to be flexible in hearing the other parties viewpoint", but when it comes to the statement "I can confirm that I have enough information about the claim to allow me to enter negotiations", I can't tick "YES" as they haven't supplied the information requested in the CPR 31.14. Should I just be using the information that they supplied in the PAP?

Other than that, the form looks pretty self-explanatory and easy to fill out as I don't have any witnesses or expert evidence and don't currently have any dates that I can't make for a hearing.

Thanks again

AM

you go along with mediation answering yes thus entering into the spirit of it all to give them time.

if however when the actual phone mediation takes place, you still don't have enough information to make informed decisions ...its then you answer no to the questions which are asked again at the start of the call.

yes to mediation

1 wit you

the rest is obv

Just interested to know what you mean by "entering into the spirit of it all to give them time"? Surely I don't want to give them time?

Will get this sent off tomorrow!

we have a sticky on it.

https://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

dx

Ah, interesting read! Thanks dx!

Hi all,

I have just received the paperwork through from the court to say that a date has been set for the hearing. However, I was never contacted about mediation. Does this mean that it is not going to be happening? Is this normal?

Thanks

AM

Looks like it has gone straight ot allocation....I see you agreed to mediation possibly the claimant declined.

So what you have received is a Notice of Allocation N157 ?

According to the documents that the claimant served on me, they accepted mediation also. Not sure what has happened here! But yes, I now have an N157 form. The court require documents that are being relied on to be submitted 14 days prior, so up til now there has been no disclosure of these documents. Is it a case of just waiting til 14 days beforehand in order to see what they are using?

Documents from the both of you.....copies of your CPR and CCA requests and any responses...also if you read further you and they will also have to prepare a statement to file and serve by the dates stated...IE 14 days pre hearing. 

Thank you. I wasn't sure about the statement part from my end as I don't really have much to say! I will make an attempt at putting something together. Once I've done, would you mind taking a look to see that it is suitable?

No problem...plenty of examples of witness statement already here in this forum and the Legal Success forum.

Hi all,

I've been waiting to see if PRA intend to go through with the hearing and have waited until I knew that the court fees had been paid and that the court hadn't struck out the case for non-payment.

The payment deadline passed a couple weeks back and I checked with the courts and they have indeed paid the fees.

I'm guessing they feel quite confident that they have a good case!

now I need to put together my witness statement.

My issue is that I'm unsure how to proceed in constructing a meaningful witness statement for my hearing when I don't know what PRA have to say for themselves/what documents they are using.

And I fully expect that PRA will either serve me their stuff at the last minute, or purposefully late!

What should I do in the meantime?!

Thanks!

Doesnt mean they're confident.   

They do this on a handful of cases hoping that the other side crumbles and collapses and pays up. 

Keep going as you should.

Get all your paperwork in order and follow all court timelines.

plenty of card claimform witness statements here already to give you an idea

use the custom google search box on the left after clicking our top CAG logo

On 18/06/2019 at 19:44, renegadeimp said:

Doesnt mean they're confident.   

They do this on a handful of cases hoping that the other side crumbles and collapses and pays up. 

 

Keep going as you should.

Get all your paperwork in order and follow all court timelines.

Interesting. Is it possible that they may not even attend the hearing? It does seem like a lot of hassle/cost coming to my 60 min hearing all the way up in the north of England when they are based way down south!

they'll pay for a locum to represent them..

if they think the cost is worth it.

or disc the claim..

but PRA can be a dog with claims and rarely let go

esp as there are two defendants..one might slip up somewhere.

the devil is in the detail of yours and their witness statements..

Ok thanks,

However there aren't 2 defendants, just me. As far as I can see from the witness statements I have read online, all I can do is base mine on the PAP documentation that I was sent previously as this is all I have! I am spending the next few days constructing something that I hope will be acceptable!

I like to be mentally prepared for all outcomes, so assuming that I get the judgement against me to pay, there is no way I will be able to pay the full balance as I don't have that kind of money!

So, I would then be petitioning the court to pay in installments, which I am sure PRA will object to.

What is the likelihood that the Court will accept my application to set monthly payments, and how much is this likely to be (noting that I have zero income, nothing reasonable to speak of in my bank account, am not currently in work, and do not own a house)?

Surely if I can't pay, and I have no income, savings or assets, the Court will have no other option than to accept my request to pay in monthly installments?

Thanks

AM

they cant refuse your payment offer.

but the fat lady hasn't sung yet

They can and probably would...but the court will override and set it at a an affordable amount. 

Witness Statement.pdf

Ok, here is my draft of the witness statement. Any feedback much appreciated!

Your statement is mainly about an overdraft...not a credit card?

3. As such, a CPR 31.14 request pursuant to sec 61 B of the CCA1974

a. The Default Notice (Notice served under section 76(1) and 98(1) of the CCA 1974;

5. The claimant, as an Assignee, would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment. Therefore, I was expecting to receive the original Default Notice served under 76(1) and 98(1) of the CCA 1974.

Andy

Ah yes, I was using a few different examples from overdrafts to loans. Will change those to the correct legislation! Thanks! Is there anything else that would be useful to include? Is it just me, or does this seem quite weak and unlikely to be successful??