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

[Charbydis]

Name of the Claimant ? PRA GROUP (UK) LTD

 

Date of issue – 27/7/16

 

Date to submit defence = XX (33 days in total) - 29/8/16

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

1.The claimant claims the sum of 3330 for debt and interest.

 

2.On 22/3/95 the defendant entered into an agreement with LLOYDS for a loan under reference 44xxxxxx.

 

3.On 25/3/04 the defendant defaulted on the agreement with an outstanding balance of 2750.

 

4.On 24/6/13 the debt of 2750 assigned tp Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who assigned the debt to PRA Group (UK) Ltd on 31/12/14.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

5.Payments of 27.85 received up to 15/10/13

 

AND THE CLAIMANT CLAIMS

1. The sum of 2700.

Statutory interest pursuant to Section 69 of the county courts Act 1984 at a rate of 8.00% per annum from 15/10/13 to 26/7/16 and thereafter at a daily rate of .6 until judgement or sooner payment.

 

What is the value of the claim?3603.72

 

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

 

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? don't know

 

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

 

Why did you cease payments? on debt management plan but stopped payments because most of the debts had been sold on and the dcas had not responded to my cca requests

 

What was the date of your last payment? Oct 2013

 

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 managementicon plan? yes

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement - done

(except for Overdraft/ Mobile/Telephone accounts)

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards - done

 

I have acknowledged and said I intend to defend all the claim.

[shamrocker]

You need to get reading up on similar threads with a view to formulating a defence. Wait until close to the submission deadline before submitting via MCOL so that you've given time for any responses to your request letters.

 

Keep the forum updated on any developments and post your defence draft up here when you finally get around to sorting it.

[Charbydis]

please ignore previous post it relates to a different claim.

[dx100uk]

You don't need to file your defence for weeks yet

Hold fire

[Charbydis]

Yes I posted that by mistake.

 

Interesting their response to the CCA request dosen't mention Lloyds at all.

 

Also I have never had a loan from lloyds and never defaulted on any loan.

 

I think this may relate to a credit account I held called a preference account

where I could write cheques on the acccount and each month I paid a percentage amount back.

It was never a loan though and didn't stop when I paid of the loan.

[dx100uk]

I suspect it would still be under the CCA as you would have signed something.

 

if you take the account number and its format

you'll prob find you might be able to narrow the down to a pref A/C using say google etc or even here.

 

if you want to PM me the number as its on the claimform poc i'll look if you wish

 

dx

[Charbydis]

I have checked my own paper work and I have found the account number in question and when I was on a DMP it was been dealt with by Blair oliver scott and further searching reveals it was run by Bank of Scotland. There is no mention of LLoyds being involved anywhere.

[martin2006]

All in the same "lloyds banking group"

 

Lloyds/tsb/halifax/bank of scotland

[Charbydis]

Here is my defence

 

Particulars of Claim

 

1.The claimant claims the sum of 3330 for debt and interest.

 

2.On 22/3/95 the defendant entered into an agreement with LLOYDS for a loan under reference 44xxxxxx.

 

3.On 25/3/04 the defendant defaulted on the agreement with an outstanding balance of 2750.

 

4.On 24/6/13 the debt of 2750 assigned tp Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who assigned the debt to PRA Group (UK) Ltd on 31/12/14.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

5.Payments of 27.85 received up to 15/10/13

 

AND THE CLAIMANT CLAIMS

1. The sum of 2700.

Statutory interest pursuant to Section 69 of the county courts Act 1984 at a rate of 8.00% per annum from 15/10/13 to 26/7/16 and thereafter at a daily rate of .6 until judgement or sooner payment.

 

 

#####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. Paragraph 1 is refuted it its entirety, I have never had a loan with Lloyds It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.*

 

3.3. Paragraph 2 is denied. I have never been served a default notice pursuant to the Consumer credit Act 1974 by Lloyds or the claimant.

 

4. On receipt of this claim I requested information pertaining to this claim from PRA Group (UK) Ltd by way of a CPR 31.14 and a section 78 request. To date, no response has been received from PRA Group (UK) Ltd

 

5. Therefore with the court’s permission the Claimant is put to strict proof to:

 

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

 

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

 

© show how the agreement was legally terminated to allow the claimant relief.

 

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

 

6. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, if 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.

 

8. 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.

 

Unfortunately I have filed a defence on this claim although its for the wrong claim which is being covered by another thread. Can I amend it?

[dx100uk]

so what defence did you file then and when?

[shamrocker]

You can email them with a request to change your defence - send it here: [email protected]

 

Include your claim number in the subject line, plus a brief explanation that you wish to amend the filed defence due to submitting it incorrectly.

 

You'll need to also include the correct defence in the email.

[dx100uk]

so what was wrong with that

apart from you've used section 78 of the CCA rather than section 77

[and the same in your revised defence!!]

 

 

dx

[Charbydis]

The only real difference is the particulars of claim but the defence is largely the same. Is it worth amending then?

[Charbydis]

I have emailed them with the amended defence.

[Charbydis]

I have had a letter from the court saying that because a response to the claim has been filed I can't amend but will need to file a N244 and fee. I think I will leave it and see what PRA group do.

[AndyOrch]

I have had a letter from the court saying that because a response to the claim has been filed I can't amend but will need to file a N244 and fee. I think I will leave it and see what PRA group do.

 

Wise decision......

[Charbydis]

well I've had the allocation questionaire so I guess they are defending.

[Charbydis]

Well I have had an email from the mediation service and have an appointment for mediation.

 

What should I say, I only have the photocopy of the application form they sent me so far.

 

Do you think I could ask them to agree to set aside the ccj I already have from them?

[shamrocker]

.......I only have the photocopy of the application form they sent me so far. Do you think I could ask them to agree to set aside the ccj I already have from them?

 

Can you post up the application form, minus any indentifiable information?

 

What CCJ do you have from them?

[Charbydis]

I will sort out the application form tomorrow but the ccj relates to this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?467647-PRA-Group-claimform-old-lloyds-card-debt

[Charbydis]

This is the document I received.

Scan0010.pdf

Edited October 19, 2016 by martin2006
Attachments unapproved

[dx100uk]

scan is blurred?

[Charbydis]

here's page 1 properly redacted

 

Page 2 is as I received it, half legible half unreadable.

[dx100uk]

ive unapproved that scan

you need to redact it and convert to PDF format please

follow the upload

 

 

dx

[Charbydis]

Hopefully this is ok

agreement page1.pdf