PRA Group claimform - Old AA Lloyds Credit Card 'debt'***Claim Discontinued***

[Orchid47]

Name of the Claimant ? PRA Group (UK) Ltd

 

Date of issue – . 20th July 2016

 

What is the claim for –

 

1. 
   The Claimant claims the sum of £4500 for debt and interest.
   
2. On 1/06/2004 the defendant entered into an agreement with Lloyds for a CC under ref No. XXXXXX
   
3. On 20/06/2010 the defendant defaulted on the agreement with an outstanding balance of £3850.
   
4. On 30/5/2014 the debt of £3805 was assigned to Aktiv Kapital Portfolio who itself assigned the debt to PRA Group (UK) on 21/12/14. Notices of assignment were sent to the defendant in accordance with a 136 Law of Property Act 1925
   
5. 
   and the Claimant Claims
   1. The sum of £3805
   2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per year from 30/05/2014 to 19/07/16 - xxxxx and thereafter at a daily rate of £1.09 until judgement or sooner payment
    
   
   What is the value of the claim? £4500
   
   Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card
    
   When did you enter into the original agreement before or after 2007? Before 2007
    
   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. Assigned to Aktiv Kapital Portfolio who assigned debt to PRA
   
   Were you aware the account had been assigned – did you receive a Notice of Assignment? No
   
   Did you receive a Default Notice from the original creditor? Don't think so
    
   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so??
   
   Why did you cease payments? Lack of work
    
   What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago
    
   Was there a dispute with the original creditor that remains unresolved? Don't think so
   
   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes I wrote to them in 2010, and offered them the £1 per month
    
   
   Ok, please can you help me with what to do next
   1. / I need to acknowledge the Claim Form - haven't done this yet and intend to defend all of the Claim????
    
   2. Who do I send off a CCA request to? as none of the above mentioned where who I originally had the Credit Card with?
    
   3. Am I to send off a CPR 31:14 to PRA?
    
   Back in 2009 I had instructed a company called "Credit Issues" to help me
   and they failed to obtain a copy of my CCA,
   I had huge problems with "Credit Issues" and sacked them in the end because they were all talk and no do.
    
   Your help and advice would be hugely appreciated with these Court Papers
   

[BazzaS]

 

The Claimant claims the sum of £4500 for debt and interest. On 1/06/2004 the defendant entered into an agreement with Lloyds for a CC under ref No. XXXXXX

 

.........

 

 

Ok, please can you help me with what to do next

 

2. Who do I send off a CCA request to? as none of the above mentioned where who I originally had the Credit Card with?

 

 

Looking at point 2. : was the original CC with Lloyds as the PofC states?

[Orchid47]

The original CC was with The AA. Not sure where Lloyds comes into it as all I can see on the back of the CC statements is Card Services, Pitreavie Bus Park, Dunfermline. I thought this was a Bank of Scotland address???

[dx100uk]

do as you did before

ACK [AOS] the claim

defend all

 

 

get a CCA request running to the CLAIMANT

get a CPR 31:14 running to the sols.

 

 

dx

[dx100uk]

thread tidied and renamed.

[Orchid47]

Thank you, have sent these off

[dx100uk]

AOS too?

[Orchid47]

Yes done AOS as well, thank you, suppose I wait for replies from CCA and CPR:31:14 before submitting defence?

[dx100uk]

No who said that?

 

 

you do not miss you defence filing date regardless.

[Orchid47]

Please can I check when my defence needs filing. Date of Issue was 20th Jul

[dx100uk]

33 days from date on claimform top right

whereby that date is ONE in the count of 33

 

 

I make that a sunday

so you need to file by 4pm the previous Friday [ie BEFORE the w/end]

[Orchid47]

Thank you, will write it and post once done to make sure its ok. Thank you dx100uk

[dx100uk]

you mean post it up here first for it to get checked?

not use the form and royal mail I take it ...just to be sure on your actions..dx

[Orchid47]

Oh sorry, yes I meant yes post it on here for you to take a look, and yes will send online final defence. Thanks for your help though. :o)

[Orchid47]

have had a dreadful week since my last post and missed the Friday 4pm deadline

- even though the 33 days are not up till Sunday.

Please tell me if I can send it in on line still?

 

I'm so stupid, but have had a nightmare this end

[shamrocker]

Log into MCOL website and see if the option is still there

 

...if so, get working on it.

[Orchid47]

Called MCOL as cannot log in, tried calling them and message says this number (as below) is not in service

 

We are sorry, but your request has been rejected owing to one or more technical reasons. Please check your input and try again. If you continue to get this message then please contact the Money Claim helpdesk.

 

It can be contacted for support between 9:00am and 5:00pm, Monday to Friday on:

 

Tel: 0845 601 5935

 

Ive emailed them and attached a reference number for the Log in above

[dx100uk]

2nd poster this week to miss filing last Friday

you might be lucky

 

if you are

use post 74 here for the defence

http://www.consumeractiongroup.co.uk/forum/showthread.php?467458-Pra-group-Claim-form-old-Mbna-Credit-card-help/page2

 

 

copy it back HERE FIRST MIND

 

 

and well check it.

[shamrocker]

Just submit it via email regardless. Send it here - [email protected]

 

Include your claim number in the email subject

 

...yes, and as DX suggests, post a draft up here before you send it.

[Orchid47]

I didn't miss it on purpose dx100uk,

 

I have just received an email back from them saying they have a problem with their phone lines

 

Telephone Systems: We are currently experiencing technical problems with our telephony system. When calling our helpdesk you will receive a ring tone rather than the usual answering options, but your call will be answered by an operative if you continue to hold on the line. We are sorry for any inconvenience and assure you we are working to fix this issue as a priority

[Orchid47]

Thank you, yes will post it up here in a mo

[dx100uk]

phone line will be off now till Monday.

that's why

 

thats why we said try mcol

rather than email.

[dx100uk]

if mcol is having a hissy fit

try again in about an hour

quite usual for a Friday for it to be going wrong.

 

email is the alternative but do both if you can.

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[Orchid47]

dx100uk I phoned half an hour before deadline of 5pm, and MCOL was also not in service. Ive an email from them with a reference number of the service interruption to quote

 

Just going to post defence now on here for some help to make sure its ok?

Thank you dx100uk in anticipation for your much needed help. The jargon baffles me :o(

 

dx100uk , andyorch , thank you for taking a look at this defence, and any help before submitting would be hugely appreciated

I'm a bit confused as the debt was assigned to one company originally who reassigned it to PRA

 

Particulars a/c no

Date

19/08/2016 Default balance £XXXXX + Interest

Post refri Cr – Nil

Total - £XXXX

 

Defence

 

Particulars of Claim

 

1.The Claimant claims payment of the overdue default balance due from the Defendant under a contract between Defendant and the original lender Lloyds

 

2. This was assigned to the claimant on 21st December 2014 (This was originally assigned to another Debt Collector in June 2014, who later assigned it to this Claimant)

 

 

 

1. 
   The Claimant claims the sum of £4500 for debt and interest.
   
2. On 1/06/2004 the defendant entered into an agreement with Lloyds for a CC under ref No. XXXXXX
   
3. On 20/06/2010 the defendant defaulted on the agreement with an outstanding balance of £3850.
   
4. On 30/5/2014 the debt of £3805 was assigned to Aktiv Kapital Portfolio who itself assigned the debt to PRA Group (UK) on 21/12/14. Notices of assignment were sent to the defendant in accordance with a 136 Law of Property Act 1925
   
5. 
   and the Claimant Claims
   1. The sum of £3805
   2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per year from 30/05/2014 to 19/07/16 - xxxxx and thereafter at a daily rate of £1.09 until judgement or sooner payment
    
   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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
    
   1. Paragraph 1 is denied. The claimant remains in default of complying to my section 78 request dated 27th July 2016 and is therefore prevented from requesting any relief or request enforcement of the agreement pursuant to sec78 (6) (a) of the CCA1974.
    
   2 . Paragraph 1 is denied .I cannot ever recall receiving any Notice of Assignment from Lloyds or PRA Group (UK) Ltd or ever having being approached pre litigation with regards this alleged debt.
    
   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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 how the Defendant has reached the amount claimed for; and
   © show how the Claimant has the legal right, either under statute or equity to issue a claim;
    
   On receipt of this claim I requested by way of a CPR 31.14 request and a Section 78 consumer credit Agreement Act 1974 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.
    
   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
    
   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 Agreement Act 1974.
    
   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.
   

[dx100uk]

please use your [their] poc in red

and you need to copy and paste that excellent defence I pointed you too.

 

 

dunno where you got that above one from?

 

 

dx