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Tbirdo

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  1. Good morning. i have received the following letter from PRA “We write further to the above case and confirm receipt of your defence. We have written to the court and wish to inform you that we intend to proceed with the claim” Still no response to the CCA or CPR requests. Reading through other threads this is normal procedure from PRA.
  2. Hi there sorry to hijack your thread, keeping a close eye on your thread as I am at the same stage and with the same DCA albeit my claim is for a loan and current account.
  3. Sorry to hijack your thread, all your details are visible on that Dropbox link.
  4. Thank you Andy and DX for replies, I will continue to wait then. Will continue to update
  5. Thanks DX for reply. Will this not show on the MCOL website ? its just shows that your case has been transferred to your local county court
  6. Hi there. I have been trying to ring the courts to find out if the claim is stayed as the deadline was 27 Feb, lines are very busy and as such have not been able to speak to anyone, I have also checked on the MCOL website and there are no further updates. Will keep trying on the phone, so I guess I sit tight and wait.
  7. Thank you Andy. Will keep updating
  8. Good morning. Defence submitted and shown as received on MCOL. PRA have yet to comply to both CCA and CPR requests. So in the mean time while we wait for them to send anything, more research in the forum threads. Totally of the topic question The donation I have made will this be paid every month (I think I chose this option) automatically or will I have to do it Manually ? Thanks again for all help
  9. Thanks DX As you say in your replies to other threads CAG is self help aswell , and also i have learnt a lot and have a better understanding of how things work with DCAs. All thanks to you guys
  10. Thanks Andy , it needs to be submitted by Monday 18/02/19 4pm. I will update when done. Donation has been made and will continue to do so on a monthly basis.
  11. Good morning. I have been reading other threads and have drafted a defence to fit the POCs. 1.The claimant claims the sum of £1834.29 for an outstanding debt owed. 2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29. 4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21. 5.AND THE CLAIMANT CLAIMS 1. The sum of £1834.29[/color] [/color] Defence (final edit): 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 it is accepted that I have in the past had financial dealings with Barclaycard. I am unable to recall the precise details of the alleged agreement but recall it was on or about 2008. 3. Paragraph 3 is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. I have sought verification from the claimant regarding this matter and to date they have failed comply. 4. Paragraph 4 is denied. I am unaware 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 Barclaycard. I have sought verification from the claimant regarding this matter and to date they have failed to comply. 5. Notwithstanding the above, requests for information pursuant to the consumer credit act (section 78) and CPR 31.14 were made. A Section 78 request was sent on 28/01/2019, and shows as received 29/01/2019. A CPR 31.14 request was sent 28/01/2019 and shows as received 29/01/2019. The claimant has still not complied to my Section 78 request and to date has failed to comply to my CPR 31.14 request. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant, and therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © 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 Procedure Rule 16.5(4), it is expected that the Claimant prove 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 82 A 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. any thoughts and advice always appreciated
  12. Right thanks DX for reply, I will sit tight and wait for further developments then. I take it it is up to the claimant to decide if they want to proceed further or not and for them to inform the courts ? I have made a donation and will continue to do so on a monthly basis.
  13. Good morning I have received a letter from the courts. IT ORDERED THAT 1. The Claim is stayed until 27 FEB 2019 2. Parties to notify the court by 20 FEB 2019 if the claim is settled; if not whether further directions are required to progress the claim. Obviously I won’t be settling with idem, do I ring the courts and let them know or in writing ?
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