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dagboyblue

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About dagboyblue

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  1. Hi Just another update, I received the Directions questionaire from the court and have followed the instructions on CAG for completing the form. I plan to send a copy to the court and PRA today i have yet to receive the DQ from PRA thanks
  2. Hi just a quick update, after filing my defence I received a letter from PRA advising they are in receipt of the defence and that they intend to proceed with the claim . still no sign of a response to the CPR do i just wait it out? thanks
  3. sorry think im confusing things so do I add the claim to the beginning of my defence - The Claim – 1.The Claimant claims the sum of £6605 for an outstanding debt owed.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB Bank PLC for a credit card under ref xxxxxxxxxx. 2.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 3.On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 4.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18
  4. great thanks for the direction as the numbering has been tweaked on the claim should i also post that in this defence, or just go with the defence as per my response?
  5. Hopefully I am going in the right direction now The Claim – 1.The Claimant claims the sum of £6605 for an outstanding debt owed.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB Bank PLC for a credit card under ref xxxxxxxxxx. 2.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 3.On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 4.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18 The Defence 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 is noted and accepted that the Defendant has in the past had financial dealings with Lloyds TSB Bank PLC. 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 clarification by way of a CPR 31.14 by signed delivery dated 25/11/2019. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance. 3. Paragraph 2 is denied. I am not aware or ever received service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. 4. Paragraph 3 is noted and accepted, the defendant has received copies of notice of assignments from the claimant. The Claimant has failed to provide any evidence of balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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.
  6. ok thanks ive tried to find example of the tried and tested but cant find anything through the stickies? as per the claim form it advises i should respond to each allegation, so I have amended to make this less specific - In respect to paragraph 1, the defendant does not admit the allegation because a. The claimant has been unable to provide the original creditor default notice b. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued In respect to paragraph 2, the defendant admits the allegation. In respect to paragraph 3, the defendant does not admit the allegations because: a. The claimant has not provided the original creditor default notice. In respect to paragraph 4, the defendant admits the allegation. In respect to paragraph 5, the defendant admits the allegation. In respect to paragraph 6, the defendant admits the allegation.
  7. Hi this is my first draft for the defence to be added to the claim this week The Claim – 1.The Claimant claims the sum of £6605 for an outstanding debt owed. 2.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB BankPLC for a credit card under ref xxxxxxxxxx. 3.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 4,On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014. 5.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 6.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18 In respect to paragraph 1, the defendant does not admit the allegation because a. The claimant has failed to respond to a number of CCA information requests in full. b. The claimant has been unable to provide the original creditor default notice c. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued detailing: All Transactions. From 2006 to 2016 d. A CPR31.14 requesting the Default Notice and Full statement was sent to the claimant on 25/11/2019 and has not been responded to. In respect to paragraph 2, the defendant admits the allegation. In respect to paragraph 3, the defendant does not admit the allegations because: a. The claimant has not provided the original creditor default notice. In respect to paragraph 4, the defendant admits the allegation. In respect to paragraph 5, the defendant admits the allegation. In respect to paragraph 6, the defendant admits the allegation. Im a little worried about the parts where I admit the allegation - is this the correct type of response? As i see it they have provided the correct information for these elements of the claim
  8. yes I set myself a limit of the end of this week (6th Dec) before submitting the defence. Just wondered if there was any view on how late i should leave it . just wanted to see if they could produce what i have requested in the CPR form before submitting. thanks again for your time
  9. Hi I sent the CPR31.14 Request early last week and have not yet received a response should i give them more time before adding my defence to the claim, i am aware i need to add the defence even if i haven't received a response. just wondered if it is worth waiting Thanks
  10. Hi yes i already have - the agreement Notice of assignment statement - but not fo complete period 2006-2016, and this is just printed on plain paper So i will just request the Default notice and full statement on the CPR Form
  11. Ok i have registered and acknowledged on MCOL website with regards to the CPR31.14 Request as i am only missing the Default Notice and full statement (as my previous post) do I just request these documents ? or also request the agreement (point 1) sorry if its a bit obvious, i just want to make sure i get it right first time thanks
  12. Name of the Claimant ? PRA Group Date of issue – . -13/11/2019 Date to acknowledge - 29/11/2019 date to file defence 13/12/2019 Particulars of Claim What is the claim for – 1.The Claimant claims the sum of £6605 for an outstanding debt owed. 2.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB BankPLC for a credit card under ref xxxxxxxxxx. 3.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 4,On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014. 5.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 6.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18 and the claimant claims 1. The sum of £6605 What is the total value of the claim? £7115 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I received a letter before claim 02/09/2019 Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? = No Did you inform the claimant of your change of address? = No 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 April 2007 ?= before 03/06/2006 Do you recall how you entered into the agreement...On line /In branch/By post ? By Post ( i think) Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No 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. account assigned from LLoyds TSB to PRA Group 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? I Have No record of this default notice and it has not been provided by the PRA group Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes from Aktiv / PRA Why did you cease payments? My wife had lost her job and we did not have enough access fund to carry on the payments What was the date of your last payment? 07/01/2016 through our debt management company "Compass" however this company went bankrupt and i have no records of the payments to creditors Was there a dispute with the original creditor that remains unresolved? No, I had no contact with the original creditor Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes through "Compass" debt management.
  13. Hi ok I received a court claim today issued on 13th so need reply to this within 14 days from date of service. I assume I need to point out in the reply they have not provided all the information I requested I.e default notice and a full statement. are there any links to standard procedure on this ? thanks again
  14. Hi sorry for the delay i was having a problem with my scanner. I have attached the following 1x Latest letter from PRA 3x Notice of assignments (BOS, Aktiv, PRA) 1x credit agreement (which was signed as per earlier post) 1x first page of T&C's there are 8 pages in total but thought you only need to see what was received. so i see it they have not provided - A copy of the Default Notice A complete set of statements detailing exactly how the debt has accrued detailing: All Transactions.(which should be from 2006 to 2016) List of ALL Payments made toward the Agreement (which should be from 2006 to 2016) Thanks again for all your help PRA1 (1)_compressed (1).pdf
  15. Wondered if anyone has had a chance to look at my latest response ? any help really appreciated
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