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amerillo

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About amerillo

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  1. Ok, I will relax now! Hard for me as I tend to always overthink everything, and as this has been playing out in my head for the best part of a year (actually 10 years if you count from the start!) then it feels hard to let go of!!! When the judgement paperwork arrives I will file it FOREVER as I guess I will need this to waive in the face of any DCA that PRA chose to sell this crap on to; I imagine the judgement papers will be a complete defence against any future attempts at enforcement?? Thanks again Andy. Like I said, this was only possible with the help of CAG!!!!!
  2. CASE DISMISSED!!! Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!) That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up! The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy). I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it. Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online: "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/ Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!
  3. Ok so the amount written on the claim form is the amount that I would owe should judgement be made against me. Ok well nowt else that can be done now so let's see how it plays out!.........To be continued!
  4. By the sounds of that thread, there's not even any protection if something is statute barred??!! I thought that was a complete defence in itself?! So I guess if I lose there's no point appealing either! Feeling less confident about this now. Just noticed from PRAs statement that they are asking for interest and charges too. But as far as I know you can only ask for that on a CCA regulated agreement under £5k if the Default Notice explicitly says.......no Default Notice available so no charges can be applied, surely?! Agh, I don't like this litigation stuff, can't wait til it's over!!
  5. Ok well lets see what happens. I will fight it all the way, and if I lose, I will at least know I have given it my all!
  6. Oh great! So I could be having to stand up and give an oral of why the claim should be dismissed?!!
  7. Ok, I'm just going to file my response. My reasoning is that worse case scenario is that it gets disregarded; if that happens, then so will PRA's response, so we are level. If it is considered, then I don't see it doing any harm, considering PRA have also sent a response, and I will feel annoyed if I were to lose the case based on not responding to their poor excuses, however pointless it may seem!
  8. Yeah I think I will have to leave it at that. Surely the lame excuse for a default notice will be enough to lean things in my favour. Still toying with whether to send in my response or not though!
  9. Yes, I did make payments. PRA sent me a "statement" showing payments as far back as 2014, although this too could have easily been a made up document to be honest!!! Were you thinking statute barred?
  10. I didn't upload their initial statement, but here it is..... PRA initial witness statement.pdf
  11. Hmmmmm. What to do!!!! I just gave the listings dept at the county court a call and they haven't as yet received anything from PRA (likely stuck in their mail chain). They said that apparently it is an optional thing (??). I was thinking that maybe I would just sit on my response and bring it with me to the hearing but they advised me to file it so that they judge can look at the case beforehand. One thing I have just thought about is that my witness statement bears no relationship to the initial defence that I filed when the claim was initially made; in fact, I have barely mentioned it in my original statement. Does this matter? Also, based on the ordering of simultaneous exchanges (as in Andy's post #161), it is clear that my witness statement is based on PRA's statement, and I have mentioned in my "response to the response statement" that I needed to re-write my statement based on what the Claimant had written in their's. Would the judge view this as me having an unfair advantage? I know it shouldn't be an issue as PRA should have sent me the "screenshot" months ago, but I can't help but wonder!!!
  12. based on the CPR, do you think I should not be sending a response I definitely want to reiterate my arguments to make them very clear to the judge, and also explain why I was late with the filing as it is definitely valid in my opinion. But at the same time I don't want to be annoying and pee the judge off before the date!! Surely PRA would know that there is no requirement for a response to my statement, because, as mentioned in the CPR, there is no new evidence, they are just trying to argue against me by repeating what they have already said, like they are arguing with a sibling!!! in theory, both "responses" would probably be disregarded anyway? Makes me wonder whether they only sent this in as they have no intention of attending or sending someone to represent them as their case is poor........else they are just chucking good money after bad. Or perhaps they will continue to gnaw away at this in a hope that they will by chance win and recover their losses on it? I could be wrong, but the way I see it, the ONLY way they win this is if the judge doesn't rule according to the legislation.
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