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

[chis1230]

Hi Guys

 

Been a while since I have been on the forum, previous thread was a few years back about link financial and spectrum in the debt management forum.

 

One of my creditors was Lloyds TSB bank loan of £20,000 to clear credit cards, although that never happened but that's another story.

The loan dates back to 2005 and was defaulted in 2007 due to wrong advice from spectrum financial protection, during the time with spectrum, BLS collections collected the payments from spectrum until the debt was assigned to AKTIV KAPITAL PORTFOLIO AS, OSLO,ZUG BRANCH in 2013, and then on to PRA group in 2014, (if I remember right, aktiv changed to pra).

 

This debt is in my wife's name only, and she is very frightened as to where this is going.

Since Aktiv and PRA have been involved with this debt, they have sent letter after letter, every week, and have also been harassed by them from constant phone calls, I mean at least 2 everyday if not 3 for the last 2 years.

 

We have never answered one of them, just pick up their messages, and have never replied to any of their letters.

 

2/6/16 usual threat of court action.

 

25/6/16 letter before claim, they wanted me to acknowledge and answer by the 11/7/16, but I did not.

 

5/7/16 cca request sent to PRA group

 

7/7/16 confirmation of cca request letter from PRA with my £1 postal order returned as they do not require it for my request. (unlike link who previously charged it to my account)

 

29/7/16 claim form

 

To this day we have not received cca from them.

 

We are not disputing that we owe the money to Lloyds and will happily pay at a sensible amount per month, I dispute that I owe PRA money plus the stupid amount of interest on the claim form,

I didn't want it to get this far but guess its to late now

 

outstanding balance - £15,905

Amount claimed - £19008

 

Hope someone can help as don't know what steps to take next, my wife is having kittens in the kitchen at the moment and really wouldn't cope with a court appearance if it comes to that.

 

Thanks in advance

 

Chris

[fkofilee]

Hi Chis

 

Welcome back to CAG

 

Please go here, copy post 1 and fill in the answers..and paste back here for further advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[chis1230]

Name of the Claimant ? PRA GROUP (UK) LIMITED

 

Date of issue – 27 JUL 2016

 

Date of issue 27.07.2016 + 19 days ( 5 day for service + 14 days to acknowledge) = 14.08.2016 + 14 days to submit defence = 28.08.2016 (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

 

The sum of 19008.21 for debt and interest. on 3/3/05 the defendant entered into an agreement with Lloyds for a loan under reference ******* .

 

on 30/1/07 the defendant defaulted on the agreement with an outstanding balance of 15905.00.

 

on 24/6/13 the debt was assigned to aktiv capital, who itself assigned the debt to PRA group

 

on 31/12/14. notices of assignment were sent to the defendant in accordance with s136 law of property act 1925.

 

payments of 9.00 received up to 13/2/14

 

and the claimant claims

1. the sum of 15896.00

2. statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 13/2/14 to 26/7/16 3112.21 and thereafter at a daily rate of 3.48 until judgment or sooner payment.

 

What is the value of the claim? = £19963.58

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan account

 

When did you enter into the original agreement before or after 2007? before

 

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. debt purchaser

 

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? not sure, cant find one

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? sacked dmp spectrum, & made redundant

 

What was the date of your last payment? 13/2/14

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes

[chis1230]

Hi fkofille

Thanks for the swift response, I hope the above is what your looking for.

 

Checked credit report on equifax and it is as clean as a whistle nearly, just one late catalogue payment 2 years ago, absolutely nothing else. In fact the score was excellent and way above the UK average.

 

Thanks

[dx100uk]

ack the claim on mcol website -_AOS box

Defend all

Leave jurisdiction unticked

Get a CPR 31:14 running to the sols

[shamrocker]

Hi Chis1230

 

I'm watching this with interest. I have plenty of experience with dealing with PRA/Aktiv Kapital and their usual solicitors, Judge & Priestley. Hopefully, I can give you some snippets of advice along the way that may be of use to you in getting the best possible outcome.

 

You need to get a CPR request running on this - also a CCA request, but the one you sent on 5th July may satisfy this. Hopefully some of the others can clarify.

 

Sham

[chis1230]

Cheers guys

 

I'm on the case after work tomorrow, yep I work Sundays.

 

Thanks again, much appreciated

[martin2006]

The cca request is valid and pra are now in default so no need to send another and no need to remind them either

[shamrocker]

Hi Chis1230

 

I'm watching this with interest. I have plenty of experience with dealing with PRA/Aktiv Kapital and their usual solicitors, Judge & Priestley. Hopefully, I can give you some snippets of advice along the way that may be of use to you in getting the best possible outcome.

 

You need to get a CPR request running on this - also a CCA request, but the one you sent on 5th July may satisfy this. Hopefully some of the others can clarify.

 

Sham

 

Sorry! I didn't see DX's post above mine when posting this.

[chis1230]

Evening all

 

just a few quick questions on the cpr 31:14

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

do I include this as I sent cca request prior to proceedings, or am I off track ?

 

and when you say running to the sols dx100uk I assume that's their solicitors yes

 

If so who are they? I see no mention of them on the claim form

 

I have acknowledged the claim, defended all and left jurisdiction unticked,

nearly finished cpr 31:14 just need confirmation on the above before it gets sent recorded in the morning.

 

Thanks for the help once again guys, very much appreciated

 

Sorry guys one more thing, The case number, is that the claim number ?

 

cheers

[dx100uk]

yes deleted that line

 

 

have a look at the other PRA claim threads here

they have their own in house sols.

 

 

yes claimform no.

[shamrocker]

PRA use Judge & Priestley, in my experience. It should state the name and address of the acting party on the front of the claim form.

 

Sham

[chis1230]

Hi guys

The time has come to submit my defence, well the end of the week anyway, I believe it's Sunday so need to get it submitted on Thursday incase of any website issues, like others have experienced.

 

Have received no response what so ever to my cpr request.

 

Starting to panic now as don't know where to start really, and the Mrs just wants to contact them to avoid court action, I think I have managed to talk her out of it for the time being.

 

I have studied a few recent similar threads and feel for the guys as you can see they have struggled with their defence.

 

I'm guessing my defence will be on the same lines, just tailored to the particulars of my claim

 

Thanks

[dx100uk]

post 103

http://www.consumeractiongroup.co.uk/forum/showthread.php?458846-PRA-claimform-old-Halifax-Card-debt/page2

but will need adapting to a loan..

same claimant though

[chis1230]

hi

 

Thanks for the link dx, very informative.

 

can someone check over my defence please before I proceed

 

Thanks in advance

Document_defence.pdf

[dx100uk]

copy that into a text based program like notepad

 

the post up as text here

 

so we can edit and advise

[chis1230]

Particulars of claim (for reference only)

 

1.The sum of 19008.21 for debt and interest. on 3/3/05 the defendant entered into an agreement with Lloyds for a loan under reference ******* .

 

2.On 30/1/07 the defendant defaulted on the agreement with an outstanding balance of 15905.00.

 

3.On 24/6/13 the debt was assigned to aktiv capital, who itself assigned the debt to PRA group

 

4.On 31/12/14. notices of assignment were sent to the defendant in accordance with s136 law of property act 1925.

 

payments of 9.00 received up to 13/2/14

 

and the claimant claims

1. the sum of 15896.00

2. statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 13/2/14 to 26/7/16 3112.21 and thereafter at a daily rate of 3.48 until judgment or sooner payment.

 

 

Defence

 

The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

1. Paragraph 1 is accepted i have in the past had financial dealings with Lloyds however i requested clarity by way of a section 78 request, sent on 5/7/16. The claimant has yet to comply and therefore remains in default.

 

2. Paragraph 2 is denied I do not recall the exact date or nature of any breach Therefore I have sought clarity by way of a CPR 31.14 request sent signed for on 3/08/2016 and showed as received signed for on 5/08/2016. The claimant has yet to comply.

 

3. Paragraph 3 is accepted I do vaguely recall receiving something purporting to be a Notice of Assignment in accordance with S136 Law of Property Act 1925.

 

4. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:

 

(a) show how the Defendant has entered into the agreement; and

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

© show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per civil procedure rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

 

6.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 act 1974.

 

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.

[dx100uk]

Looks OK

Let andyorch confirm mind

[martin2006]

Couple of things i have spotted

Should be s77 for a loan not s78

Not sure you can accept receipt of NoA, however vague and then request in 4(d) proof of assignment, kinda contrdictory but let Andy check

[chis1230]

Hi guys

Thanks for the advice,will amend to s77 when I submit on mcol later, but will hold off until Andy is available, if he don't mind checking over it for me.

 

Thanks again

[AndyOrch]

chris how much is the court fee and Sol fee?

 

Not happy with the figures varying from post 1 to post 17 ?

 

outstanding balance of 15905.00.

Amount claimed - £19008.00

 

and the claimant claims

1. the sum of 15896.00

2. statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 13/2/14 to 26/7/16 3112.21 and thereafter at a daily rate of 3.48 until judgment or sooner payment.

 

What is the value of the claim? = £19963.58

 

Andy

[chis1230]

Hi Andy

Correct

 

Amount claimed 19008.21

Court fee 855.37

Legal reps costs 100.00

Total amount 19963.58

[AndyOrch]

So you need to challenge the £3103.22 section 69 interest...the debt as far as you and the court are concerned is £15905.00. + Court fee 855.37 Legal reps costs 100.00

[chis1230]

As I was reading the particulars just then, it dawned on me that the default balance is definitely wrong as I have paperwork from bls collections (who owned debt before pra)

In 2008 and the balance was still 18000 +

 

I'm really confused now with the interest, are you saying that it is calculated wrong or just extortionate, and where should I include it in the defence

[AndyOrch]

Then the debt balance is £15905.00. and will be argued in your defence along with their section 69 interest.Section 69 8% interest is at the discretion of the court and subject to the District Judge whether its awarded ...in full or partially or even at all.

 

So the defence will require a rewrite to challenge the inflated claimed amount.

 

Andy