Particulars of claim (for reference only) 1.The sum of 19008.21 for debt and interest. on 3/3/05 the defendant entered into an agreement with Lloyds for a loan under reference ******* . 2.On 30/1/07 the defendant defaulted on the agreement with an outstanding balance of 15905.00. 3.On 24/6/13 the debt was assigned to aktiv capital, who itself assigned the debt to PRA group 4.On 31/12/14. notices of assignment were sent to the defendant in accordance with s136 law of property act 1925. payments of 9.00 received up to 13/2/14 and the claimant claims 1. the sum of 15896.00 2. statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 13/2/14 to 26/7/16 3112.21 and thereafter at a daily rate of 3.48 until judgment or sooner payment. Defence The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made. 1. Paragraph 1 is accepted i have in the past had financial dealings with Lloyds however i requested clarity by way of a section 78 request, sent on 5/7/16. The claimant has yet to comply and therefore remains in default. 2. Paragraph 2 is denied I do not recall the exact date or nature of any breach Therefore I have sought clarity by way of a CPR 31.14 request sent signed for on 3/08/2016 and showed as received signed for on 5/08/2016. The claimant has yet to comply. 3. Paragraph 3 is accepted I do vaguely recall receiving something purporting to be a Notice of Assignment in accordance with S136 Law of Property Act 1925. 4. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to: (a) show how the Defendant has entered into the agreement; and (b) show how the Defendant has reached the amount claimed for; and © show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per civil procedure rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed. 6.On the alternative, as the Claimant is 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. 7.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

hi Thanks for the link dx, very informative. can someone check over my defence please before I proceed Thanks in advance Document_defence.pdf

Hi guys The time has come to submit my defence, well the end of the week anyway, I believe it's Sunday so need to get it submitted on Thursday incase of any website issues, like others have experienced. Have received no response what so ever to my cpr request. Starting to panic now as don't know where to start really, and the Mrs just wants to contact them to avoid court action, I think I have managed to talk her out of it for the time being. I have studied a few recent similar threads and feel for the guys as you can see they have struggled with their defence. I'm guessing my defence will be on the same lines, just tailored to the particulars of my claim Thanks

Evening all just a few quick questions on the cpr 31:14 [Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] do I include this as I sent cca request prior to proceedings, or am I off track ? and when you say running to the sols dx100uk I assume that's their solicitors yes If so who are they? I see no mention of them on the claim form I have acknowledged the claim, defended all and left jurisdiction unticked, nearly finished cpr 31:14 just need confirmation on the above before it gets sent recorded in the morning. Thanks for the help once again guys, very much appreciated Sorry guys one more thing, The case number, is that the claim number ? cheers

Cheers guys I'm on the case after work tomorrow, yep I work Sundays. Thanks again, much appreciated

Hi fkofille Thanks for the swift response, I hope the above is what your looking for. Checked credit report on equifax and it is as clean as a whistle nearly, just one late catalogue payment 2 years ago, absolutely nothing else. In fact the score was excellent and way above the UK average. Thanks

Name of the Claimant ? PRA GROUP (UK) LIMITED Date of issue – 27 JUL 2016 Date of issue 27.07.2016 + 19 days ( 5 day for service + 14 days to acknowledge) = 14.08.2016 + 14 days to submit defence = 28.08.2016 (33 days in total) - What is the claim for – the reason they have issued the claim? The sum of 19008.21 for debt and interest. on 3/3/05 the defendant entered into an agreement with Lloyds for a loan under reference ******* . on 30/1/07 the defendant defaulted on the agreement with an outstanding balance of 15905.00. on 24/6/13 the debt was assigned to aktiv capital, who itself assigned the debt to PRA group on 31/12/14. notices of assignment were sent to the defendant in accordance with s136 law of property act 1925. payments of 9.00 received up to 13/2/14 and the claimant claims 1. the sum of 15896.00 2. statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 13/2/14 to 26/7/16 3112.21 and thereafter at a daily rate of 3.48 until judgment or sooner payment. What is the value of the claim? = £19963.58 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan account When did you enter into the original agreement before or after 2007? before 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? yes Did you receive a Default Notice from the original creditor? not sure, cant find one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? sacked dmp spectrum, & made redundant What was the date of your last payment? 13/2/14 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? yes

Hi Guys Been a while since I have been on the forum, previous thread was a few years back about link financial and spectrum in the debt management forum. One of my creditors was Lloyds TSB bank loan of £20,000 to clear credit cards, although that never happened but that's another story. The loan dates back to 2005 and was defaulted in 2007 due to wrong advice from spectrum financial protection, during the time with spectrum, BLS collections collected the payments from spectrum until the debt was assigned to AKTIV KAPITAL PORTFOLIO AS, OSLO,ZUG BRANCH in 2013, and then on to PRA group in 2014, (if I remember right, aktiv changed to pra). This debt is in my wife's name only, and she is very frightened as to where this is going. Since Aktiv and PRA have been involved with this debt, they have sent letter after letter, every week, and have also been harassed by them from constant phone calls, I mean at least 2 everyday if not 3 for the last 2 years. We have never answered one of them, just pick up their messages, and have never replied to any of their letters. 2/6/16 usual threat of court action. 25/6/16 letter before claim, they wanted me to acknowledge and answer by the 11/7/16, but I did not. 5/7/16 cca request sent to PRA group 7/7/16 confirmation of cca request letter from PRA with my £1 postal order returned as they do not require it for my request. (unlike link who previously charged it to my account) 29/7/16 claim form To this day we have not received cca from them. We are not disputing that we owe the money to Lloyds and will happily pay at a sensible amount per month, I dispute that I owe PRA money plus the stupid amount of interest on the claim form, I didn't want it to get this far but guess its to late now outstanding balance - £15,905 Amount claimed - £19008 Hope someone can help as don't know what steps to take next, my wife is having kittens in the kitchen at the moment and really wouldn't cope with a court appearance if it comes to that. Thanks in advance Chris

nah not yet, christmas got in the way, didn't really want to contact them, it's been lovely without them pestering us

Well it has been nearly 18 month's since my last update That's because nothing has happened other than a few phone calls a week from them, every week.... Until recently.. Had a letter from them a few days before christmas, it was an annual statement, still with the stupid amount they say we owe them. (still over £2000) The following day another letter arrived from them, after reading the first line i nearly choked on my cornflakes.. Dear Mr ????? We write to inform you that we have taken over an outstanding debt i have with the co operative bank, Balance owed around £12,000. This was from an original Northern rock credit card we had when we took out a mortgage with them, which then changed to the co operative bank. Since the first post in this thread, i was paying them (the co operative bank) £1 a month as a token gesture, as i had been made redundant. 12 months on when i was starting to get back on my feet and employed, we offered to up the re-payments to £33.00 a month, which they accepted and have taken the payment for well over 6 months now. So it look's as though it's going to get a little heated with link in the near future.

oops sorry, here it is again

Hi guys It's been a while since i last had contact from link, probably something to do with me not answering the phone unless i know the number, thank you to talk talk for free caller id, they do keep leaving messages though, however they never seem to say they are from link, just say their name and leave a number for me to call back, how stupid are these people, as if i am going to call them back if they don't say where they are from, and if they did i still wouldn't call them back. thats enough of me jibbering on. Today i have a letter for the first time in ages, one thing that stands out to me is the ref number, that isn't and has never been my reference number, do i still ignore this letter ? I will put it on now in another thread as i just realised i am posting in quick reply and can't find file upload. cheers

I have no idea what ABBAS could be. So the penalty fee reclaim form, is it just for info to prove they shouldn't have charged the fees or do i complete it and send it to them. Thanks DX100uk for your time, it looks like it's a waiting game now.

That's everything spectrum have with link being mentioned. The part that stands out to me is in 88.pdf near the bottom, personal plan page 1 of 2 1.1 Term clearly states it is a five year plan with the option to renew it was never mentioned to us that the 5 years was up and another thing , i was never in a contract with money village as i did not sign and return the request form to transfer my account to them, but it looks a though they have just done it anyway.

Hi i have in my posession a SAR from spectrum What shall i upload, please dont say all of it cause its about 300-400 pages long

Hi I have requested the info from spectrum now aptly named money village, i also had a reply saying they are gathering the data and will forward it soon. soon as i get it i will upload. Thanks again

Hi funny you should mention post 39, DX 100uk mentioned 'the only way to find out for sure if they (link) own the debt is to SAR them'. Forgive me if i am wrong but havn,t i already done this, Link were the first i believe...

Hi Had another letter today from link starting off with 'despite our best efforts to assist you in repaying your debt by installments'. I am really having problems thinking of any efforts from them to help me repay my debt. 1. Refuse to stop interest. 2. Apply additional interest to my account which has doubled the balance. 3. Refuse to accept my token payment after being made redundant Yes thankyou link. I have looked at the figures and the results are as follows- starting balance about £1200 payments made about £375 interest applied about £1200 balance owed £2181 Looks as though this is the start of their court proceedings, i know you have said before to take them on, but having only paid about £375 over the years i can't help thinking of the worst. cheers

Hi I have not sent a SAR to spectrum but will get onto it first thing monday when post office is open. Are you able to spot any reference to link on the GE money SAR? cheers

Hello Have just received my SAR from GE money within the correct time period. I have had a look through it but don't really know what to look for, although i did notice that LINK is not mentioned at all. All i have to do is upload this multi-page pdf as reqeusted, so here goes wish me luck .........................Did i do it

Is it worth responding to them or not ?

Hi Link have sent a letter, didn't hang about this time did they... looks like the threats are starting to come from them

Hi right i agree i've been robbed in daylight, i will sar G E money and send a copy of statement to link where they charged me £10 fee for sar, when i sent p/o. I want it back from them, they have had enough out of me. will upload sar when they send it Thanks for advice

Hi no i havn't i wasn't aware i needed to sorry, i will get on to it first thing in the morning cheers

Hi Is that all i need to include in the letter ? what about the copies of the payments they have received from spectrum , which was in the file they sent me after i requested a sar. And how are we aware of the varying rates since 2006? is this because they were adding interest at their own free will ? sorry but it's all getting a little confusing now. I will sar GE money and make a start on the reply to link. Did you notice the letter headed paper only said Link Financial and not outsourcing as all previous letters have been for the last year or so. Regards