PRA group claim form - old Lloyd's loan 'debt'***Claim Discontinued***

[martin2006]

Yes chis, the "Lay" simply means you are not an expert, other than that its your WS as the defendant.

[chis1230]

THanks Martin so that confirms ws due by 29th December and standard disclosure by 17th November

Thanks again

[martin2006]

[chis1230]

Whilst looking around for example ws through numerous threads on here last night I came across shamrocker v pra 19 page thread.

 

Wow to say the least.

 

Can anyone tell me why the case became so legally technical and why my case won't get anywhere near that as I am seriously having doubts about proceeding any further after reading that.

[AndyOrch]

Gets as complicated as you wish to make it...keep it simple.

[chis1230]

hi guys

 

had a go at disclosure and ws if you be so kind to give it the once over please

 

disclosure

 

1 copy of section 77 request (exhibit 1a)

2 reply to section 77 request (exhibits 1b 1c 1d)

3 copy of cpr31.14 request ( exhibit 2a)

4 cpr 31.14 received by signature ( exhibit 2b)

 

 

WITNESS STATEMENT

 

In the ............ county court Claim Number .......

Between:

PRA group (uk) claimant

and

Mrs chis1230 defendant

Witness statement of Mrs chis1230 of xxxxxx (address)

I Mrs chis1230 the defendant in this claim make the following statement believing it to be true will state as follows:-

1. It is admitted that I have entered into a contract with Lloyds in the past. I do not recall the exact details of this contract or know of any outstanding balance.

 

2. I requested that the claimant produce precise details of this agreement by way of a section 77 request sent on 5th July 2016.(exhibit 1a) The only reply i have received states the claimant has requested the required information (exhibit 1b) and that PRA group will classify the debt as unenforceable if the information is not supplied to me within 12 working days ( exhibit 1c) along with a returned postal order fee for £1.(exhibit 1d).

3. I requested that the Claimant prove the exact details of this contract by way of a CPR 31.14 request sent on the 03/08/2016 (exhibit 2a) and shown as signed for on 05/08/2016 (exhibit 2b). To this date no documentation in reply to this request has been provided by the claimant.

4. The claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into a contract and

(b) show how the Claimant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

5.As per CPR 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6.On the alternative, as the Claimant alleges 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.

 

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.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2016

[AndyOrch]

Thats not really a witness statement chis...more like a defence.Particularise in your own words the dispute and why you defended.

 

Andy

[chis1230]

Thanks for the reply Andy, even though it wasn't what I wanted to read.

 

Most of that was taken from the cheddar case which you described to isbo as an excellent example of standard disclosure and witness statement, so now I'm even more confused with all the different answers people seem to get for the same problems.

[chis1230]

Please can you tell me if my list of disclosure is OK to send as it needs to be with them by the 17th, then I can work on the ws as it's not due until end of December. Thanks

[AndyOrch]

The only chedder case I can find was a small claims track for £300.. a Mobile phone claim.....yours is Fast Track and therefore a lot more complicated and your response should be more in depth.

 

Your disclosure is fine if thats all you wish to refer and rely on.....

 

Andy

[chis1230]

Thank you , don't know what else there is to rely on if I'm being honest

[AndyOrch]

Dont worry...most defendants have very little disclosure.

[chis1230]

Hi guys

 

So today was the deadline set by the court for disclosure, and guess what...

 

Nowt, absolutely nothing through my letterbox from them.

[martin2006]

If you ring the courts they will no doubt tell you they will write giving them a further 7 days.

Frustrating but it happens all the time.

[chis1230]

After a quick call to the courts it appears that the claimant has responded to the disclosure.....but

 

 

Only to the court, not to us.

The court wasn't really interested and said it's probably on its way to you.

 

The 24th November is the deadline to apply for inspection of documents, how is this possible if I don't know what documents there is.

 

Thank you

[AndyOrch]

After a quick call to the courts it appears that the claimant has responded to the disclosure.....but

 

 

Only to the court, not to us.

The court wasn't really interested and said it's probably on its way to you.

 

The 24th November is the deadline to apply for inspection of documents, how is this possible if I don't know what documents there is.

 

Thank you

 

Give it until Monday chis and if nothing recieved then I will show you how to get the courts attention for not serving all parties.

 

Andy

[chis1230]

Thank you

[chis1230]

Hi

 

Still not received anything from them, 3 days left before deadline for inspection of documents.

 

What to do

 

Cheers

[AndyOrch]

Send the claimant an email and ask to see all documents that they intend disclosing...that you cant specify which as they have failed to serve you their N265..which you have brought to the courts attention for failing to comply with the courts directions dated xxxxxx.

 

Failure to comply with this request will again be brought to the courts attention and you will request an order that sanctions be imposed pursuant to CPR 3.

[chis1230]

Thanks Andy

 

Email sent early today, no reply as of yet.

[chis1230]

Should I be informing the court I am unable to meet the judges directions deadline tomorrow, as the claimant has failed to comply with serving me with their disclosure.

Feel like I should be doing something, not just letting the deadline pass.

 

Thanks

[AndyOrch]

No.... you are able to complete directions (standard disclosure and witness statement)...your not reliant on them complying/serving..you can still inform the court as stated above..

 

Andy

[chis1230]

Omg guys, don't know what to say

 

Mrs just made the call to the courts and guess what........

 

 

The claim has been discontinued

 

Thank you all so very much, another donation will be on its way later on,

Over the moon to say the least.

 

Thanks again

 

Chris & Mrs chis

[Old Cogger]

well done

[AndyOrch]

As expected.....well done... thread title amended to reflect the inevitable

 

Chris you are entitled to claim wasted costs as this claim is in the Fast Track...see CPR 38 (38.6)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.6

 

Regards

 

Andy