PRA Claimform - Halifax credit card debt ***Claim Dismissed***

[dx100uk]

you never respond to a failed CCA

 

simply invite letter tennis

[amerillo]

Ok thanks! In that case, I'll ignore and see how PRA want to attempt to play things!

[amerillo]

Hello all.....Merry Christmas!

 

And a Merry Christmas from PRA too! As a present from them I have just this morning received a County Court Claim Form giving me 14 days to respond!

Not sure what to do now!

 

Also, in the response section about residence, the form asks whether I live in my own house, a jointly owned property, rented accommodation, lodgings or council accommodation. As the house is in my wife's sole name, should I put "lodgings" as my status?

 

This letter doesn't really worry me as I have no interest in credit since all this happened so I'm not worried about the credit rating.

I don't own the house so not worried about a charging order.

I am currently unemployed, although will be going self-employed in the new year so not worried about an attachment of earnings order. I

am also aware that I cannot be imprisoned for having a CCJ.

 

However, I am a little worried about bailiffs turning up to try a take goods from the house, or them applying to make me bankrupt, at which point I believe they may take my "beneficial interest" in the house and other things into account.

 

I may be jumping the gun a bit (as is normal for me), but should I be pre-empting all of these outcomes by transferring beneficial interest in the house and any other valuable goods to the wife??

 

Thanks again!

AM

[dx100uk]

moved to legals and retitled

 

you'd have to lose the case and not pay in 28 days to ever get bailiffs involved

and even then it would be court bailiffs

as its a consumer debt - theres no right of forced entry anyway ...so forget about that silly stuff.

 

please complete this

so we have all the correct info to properly advise tou

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**(1-Viewing)-nbsp

[amerillo]

Ok, thanks.

 

I have filled out the questions. CCA has already been done as per previous posts.

 

Should I do the CPR 31.14 and CPR part 18 now, or should I hold fire for the moment?

 

However, before I post the answers to the questions, I just wanted to run something past you. Whilst writing out the Particulars of Claim, I noticed what seems to be a mistake......they have said that I entered into an agreement with Lloyds Bank Plc......actually it is Halifax, as you know. Do I need to correct this?

 

Thanks so much

AM

[dx100uk]

no you don't

quite typical of them to get OC's incorrect

lots of Halifax card claims here already about that.

 

just do as advised in the link

and no to cpr 18...

[dx100uk]

follow this

bar sending a newCCA request

 

…

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

 

,...…………..

 

did you ever get that sar to HBOS done?

[amerillo]

Ok thanks, will get that done.

 

I'm a little confused by the difference between acknowledgement and defence. Going by the steps outlined in the above post, is that my acknowledgement? Do I then need to file the defence separately afterwards?

 

Regarding the paperwork, the claim form does not clearly state the solicitors firm acting on behalf of PRA, just the name of the person. In this case, who should I address the CPR 31.14 to?

 

Haven't yet done the HBOS SAR.......I'm guessing this may be something worth doing now?

 

Finally, I'm guessing I will need to provide a reason why I am defending, but I'm not sure what exactly my angle of defence is! Am I contesting due to incomplete paperwork?

 

Thanks

AM

[dx100uk]

read post 58 CAREFULLY...

 

cpr goes to PRA then.

 

your def in not due till DAY 33

 

seems like you've been guessing about the sar for +2yrs numerous times now you were told to do it

it could well be the key to winning here.

esp if it blows those PRA statements out the water as faked or cut n paste

[amerillo]

Apologies, a bit of an oversight on my part regarding the SAR. I'll follow the new SAR guidelines and get this off to Halifax.

 

One thing that did occur to me yesterday is that the account statements that PRA have sent me do not show the £1 token payments that I made from 2010 after the account defaulted. So, according to that, nothing to show any payments or admission of the debt for nearly 9 years now.

 

I hope the SAR documents arrive in time for my defence deadline!!!

 

Thanks

AM

[dx100uk]

don't need to.

[amerillo]

Ok, MCOl AOS complete and just putting together the CPR and SAR. I just have a few questions regarding the two documents:

 

1. As per the Particulars of Claim in my answers in post 57, the only documents explicitly referred to are the agreement and the notice of assignment. However, they do mention that I defaulted. So, am I correct in thinking that, in the CPR 31:14, I should be asking for the agreement, the notice of assignment AND the default notice?

 

2. Should the case number on the CPR 31:14 letter be the claim number written on the claim form?

 

3. Regarding the SAR to Halifax, the advice is to send a current council tax bill in order to verify my identity. However, as I have been under student status, I am not currently named on the current bill. Is there anything else I should provide?

 

Thanks

AM

[dx100uk]

yes

yes

utils bill?

[amerillo]

If a utility bill will suffice then I can use one of those. However, it just occurred to me that Halifax only sold this on to PRA a few months ago, before which they were writing to me at my current address (I had given my current address in my CCA requests). So, they should actually already have me down as living here. In this case, would I still need to send them proof of address?

[dx100uk]

knowing haliprats do it.

[amerillo]

OK, CPR in the post to PRA, SAR with accompanying history of addresses and a utility bill in the post to Halifax.

[amerillo]

I am aware that the defense deadline for this is approaching (next Sunday)

I have been thinking a lot about my defense,

going through some of the threads on here etc.

 

However, I am still a quite lost about how to go about defending effectively.

From what I gather, there is a standard defense, but I am not entirely sure (???).

 

I have yet to receive a response to my CPR letter to PRA,

and have not had a response to the SAR from Halifax either

(although I am keeping my eye on the clock for that and will raise an ICO complaint if it gets to 1 month and I still haven't received the documents from Halifax).

 

Further, as well as a potential standard defense,

I have also been giving serious thought to also including a line about it being statute barred,

as per post #61;

I know it isn't,

but if the statements they sent me as part of my PAP request don't show the £1 token payments then perhaps this could work too??

 

Any help with this much appreciated

Thanks

AM

Edited January 12, 2019 by dx100uk
spacing

[dx100uk]

your defence [not defense] is not due till 4pm Monday 21st.

 

use the std no paperwork/holding defence

 

the fact that even under the PAP reply they have produced no proof of payment within 6yrs can be introduced at the disclosure stage if things get that far.

 

have a go at your defence

post it up here in good time for a looksee by those in the know.

 

dx

[amerillo]

Ah yes, apologies for the American-English! I thought that it looked incorrect, but my computer was insistent!! Must have it set to the wrong language setting!

 

One question about the no paperwork/holding defence: it is based on PRA not sending the documents I have asked for in the CPR, i.e. the notice of assignment, default notice and CCA. However, they have already provided me with the notice of assignment and CCA as part of the PAP. Does that mean that I should amend the defence so that it only reflect the fact that I haven't received the default notice?

 

Thanks

[renegadeimp]

Just send the standard defence.

[dx100uk]

not fully complied.

[amerillo]

Ok thanks

[dx100uk]

post it up here 1st mind for checking

[amerillo]

Will do

[amerillo]

This is what I have managed to put together so-far.

Points that I am unsure about are in bold (actually, I'm unsure about it all, but you know what I mean!!):

 

Particulars of Claim:

 

1.The Claimant claims the sum of £3395.00 for an outstanding debt owed.

 

2. On XX/XX/2008 the Defendant entered into an agreement with Lloyds Bank Plc for a Credit Card under reference XXXXXXXXXXXXXXXX.

 

3. On XX/XX/2010 the Defendant defaulted on the agreement with an outstanding balance of £3463.

 

4. On XX/XX/2018 the debt of £3395 was assigned to PRA Group (UK) Ltd.

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

 

5.AND THE CLAIMANT CLAIMS

1.The sum of £3395.

 

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 - ???

 

3. Paragraph 2 is denied. I do not recall ever having any financial dealings with Lloyds Bank Plc. I have sought verification from the claimant regarding this matter and they have failed to comply.

 

4. Paragraph 3 is denied, given that I do not recall ever having entered into an agreement with Lloyds Bank Plc. I have sought verification from the claimant regarding this matter and they have failed to comply.

 

5. Paragraph 4 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds Bank Plc.

6. 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,and remains in default of my section 77 request, 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.

 

7. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request.

 

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

 

9. 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 82 A of the Consumer Credit Act 1974.

 

10. 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.

 

So, I don't really know how to respond to Paragraph 1 in the POC other than to just say that I deny owing that money!

 

My response to Paragraph 2 in the POCs was based on the fact that this was supposed to be a Halifax card but for some reason the Claim Form says Lloyds Bank Plc.

i'm aware of some connection between the two, but surely it should say Halifax?

 

I'm unsure about my response to Paragraph 4 of the POC because I did actually receive the Notice of Assignment, both before the PAP, and as part of the PAP response from PRA.

 

Any advice much appreciated!

Thanks

AM

Edited January 15, 2019 by dx100uk
poc/spacing/merge