I got into a lot of credit card debt and have 2 ccj already in 2013.

I have continued to bury my head in sand and ignore letters re my other cc debts.

I received another ccj claim dated 10th October and was going to just fill in expenditure form and offer payment

I struggle with dealing with this due to mental health so

send back acknowledge service to buy more time to complete forms.

Last night I came across this site and am now wondering if I should try to defend it.?

It’s very last minute and I don’t know if I have time?

I’ve never tried this before.

The debt was sold to PRA group they are claimant and the debt was £13k

on the claim they are also asking for another £4,500 interest now over £18k they want.

I will have to go bankrupt if I end up with an 18k ccj

They say I signed agreement in 2002 and defaulted in 2013.

I have never answered any calls or letters.

I have to send a defence or admission I think in next few days.

I should have looked into this sooner.

Is it too late do I need to offer payments

Hi Betty and Welcome to CAG

If you could read the following link and then copy and paste the Q,s and your responses back here for further advice.

You need to request a copy of the credit agreement and also complete a CPR 31.14 request (instructions are contained in the link)

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Regards

Andy

Thank you for reply

Name of the Claimant ? PRA group ltd

Date of issue – 10 Oct 2017

What is the claim for –

1.The claimant claims the sum of £16,800.50 for debt and interest.

2.On 22/09/2002 the defendant entered into an agreement with MBNA Europe bank ltd for a credit card underdressed ref xxxxxx.

3.On the 21/05/12013 the defendant defaulted on the agreement with an outstanding balance of £13k.

4.On the 20/06/13 the debt of £13k assigned to PRA group ltd.

Notices of assignments were sent to the defendant in accordance with s136 law of property act 1925.

5.Payments of 0.00 received up to 29/06/13 and

the claimant claim the sum of £13k .

Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 23/06/13 to 1/10/17 £4,900 and thereafter at a daily rate of 2.90 until judgement or sooner payment

What is the value of the claim? £18k

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? 2002

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. PRA

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember

Did you receive a Default Notice from the original creditor? Can’t find one

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Got into a lot of debt after divorce mental health problems

What was the date of your last payment? May 2013

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 . No

so defence due by Friday 4pm.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

GET CCA/CPR running TODAY

Follow dx's advice. Its unlikely theyll ever get the proper paperwork, so are trying to foce through a CCJ befor eyou realise. Especially as they got greedy and have seen that amount.

Again, you MUST follow dx's advice to the letter, or you will end up paying this amount that you very VERY likely will never need to pay.

Thankyou

I have done the CCA Request but am waiting for someone to return with ink for printer as usual it all goes wrong when in a hurry.

I am doing the cpr.31.14 now but the claim form does not state solicitor details the address for sending documents is the same as the claimants pra group.

There is no details of the solicitors address so not sure where to send it? Any ideas?

Send your requests to PRA

Thanks for help

Should I send both cca and cpr together or separately ?

Thanks for help

Should I send both cca and cpr together or separately ?

Together if you wish but get a receipt of postage

I have done the cpr31.14 and cca and am wondering

do I put today’s date on the letters as I’m so late sending them given I received the claim forms on 17th October

whether this will be a problem for me in my defence due to me taking so long to request this information?

No...put today's date on...we can work around that in the defence

Thank you all I have just done the post office dash and sent the CCA and CPR31.14 via special delivery.

I am going to do the defence online through the mcol website.

I have been looking at some threads but cannot find guidance to complete the defence so not sure which area of site to find this.

Any direction to where I should look for information about doing the defence would be much appreciated thank you

Betty55

use the search CAG box of the top red toolbar

claimform PRA credit card

post it up here 1st for checking.

Thanks dx

Sorry I’m new to all this I search for cliamform PRA credit card ? And post the defence forms on here before submitting them?

I’ve just noticed something else.

On the particular of claim it says on the 20/06/13 the debt was assigned to PRA group.

But I have letters from Aktiv capital in June 2013 and then from tempos solutions in 2014 .

then another from Buchanan Clark and wells acting for activ capital in April 2014.

Are they all the same company or can several DCAs be assigned the same debt?

I don’t understand it all

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+PRA+credit+card&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20PRA%20credit%20card&gsc.page=1

post it up here FIRST

as it will need slight adaption now from those that you'll find as the rules have changed.

no rush you have till Friday

but have a go

as for the DCA's all the same lot!

just trying to kid you it going up some kind of 'ladder'

don't ever forget

a DCA is NOT A BAILIFF

they have zero legal powers.

Thank you dx I wiill

Bit panicked as in work all day tomorrow and Friday but will work on it tonight and tomorrow night to get it done at least it can be sent online not another post office sprint

have a go if not well post something for you

its better you have an idea rather than going in blind

Shamefully lifted from others posts but thought would check if I am on the right track?

The particular of claim (do I put this in my defence form?)

1.The claimant claims the sum of £16,800.50 for debt and interest. On 22/09/2002 the defendant entered into an agreement with MBNA Europe bank ltd for a credit card underdressed ref xxxxxx. . On the 21/05/12013 the defendant defaulted on the agreement with an outstanding balance of £13k. 4.On the 20/06/13 the debt of £13k assigned to PRA group ltd.

Notices of assignments were sent to the defendant in accordance with s136 law of property act 1925.

Payments of 0.00 received up to 29/06/13 and

the claimant claim the sum of £13k .

Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 23/06/13 to 1/10/17 £4,900 and thereafter at a daily rate of 2.90 until judgement or sooner payment

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraphs 1 & 2 are noted and is accepted that the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

3. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated on the claim by the Claimant or by MBNA.

4. A request for information pursuant to the Consumer Credit Act (section 78) was made on the 8th November by signed for delivery and a CPR 31.14 request was made by signed for delivery on the 8th November 2017 . To date the Defendant has received no response or acknowledgment from the claimant in relation to the request for information pursuant to the Consumer Credit Act (section 78) or the Claimant’s legal representative regard the CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default.

5. Paragraph 5 is noted.Although the claimant is denied from adding section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I have in the past had financial dealings with MBNA ,I do not recollect the precise details of this agreement and have therefore sought clarity by way of a section 78 request to the claimant. As of this date the claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance.

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement; and

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

7. As per Civil Procedureicon Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

8. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

If anyone has time to check this it would be appreciated as it’s all confusing. I have a lot of reading to do

Betty55

yea done good there

theres a bit to add about the new PAP rules

i'll find it later

Thank you so much.

The only thing I was worrying about is that I only sent the requests for cca and cpr today and have had the claim since 17 Oct. do I have to explain in my defence why I have only just sent those requests and not done so sooner? I am worried the judge will give them the ccj because I took too long sending those requests

Betty55

nope as andy said a slight adjustment might be needed that's all.

no judge will ever allow a CCJ if the claimant cannot PROVE their case

Thankyou I am a bit of a panicker. I have also realised I made and error in my CCA Request. In this bit.

“You are reminded that should you fail to comply with my request: the provisions of s.77 (4)a/78 (6)a/79(3)a will apply”

I forgot to delete the s77 & 79 bit. I’m such a numpty. Should I send another ammended letter? Doh

your best bet atm is to have a glass of wine and relax

think I need a barrel not a glass,!

post back when you're half way through...

don't worry though, the guys will guide.