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

[amerillo]

Ok, I'm just going to file my response. My reasoning is that worse case scenario is that it gets disregarded; if that happens, then so will PRA's response, so we are level. If it is considered, then I don't see it doing any harm, considering PRA have also sent a response, and I will feel annoyed if I were to lose the case based on not responding to their poor excuses, however pointless it may seem!

[AndyOrch]

Im sure the court will disregard both so yes no harm submitting......some judges dont even read the initial statements......so thats what your up against.

[amerillo]

Oh great! So I could be having to stand up and give an oral of why the claim should be dismissed?!!

[AndyOrch]

Well you will be giving oral evidence anyway...irrespective of whether the judge has read all the details or not...it just simplifies if he has and less for you to explain.....same applies to the claimant......so lets hope you get a decent DJ.

[amerillo]

Ok well lets see what happens. I will fight it all the way, and if I lose, I will at least know I have given it my all!

[AndyOrch]

You must be prepared for all scenarios in litigation.....you dont really know what your faced with until you get into the hearing.

 

Post #114 onwards in the following for example.

 

 

[amerillo]

By the sounds of that thread, there's not even any protection if something is statute barred??!! I thought that was a complete defence in itself?!

 

So I guess if I lose there's no point appealing either! Feeling less confident about this now.

 

Just noticed from PRAs statement that they are asking for interest and charges too. But as far as I know you can only ask for that on a CCA regulated agreement under £5k if the Default Notice explicitly says.......no Default Notice available so no charges can be applied, surely?!

 

Agh, I don't like this litigation stuff, can't wait til it's over!!

[AndyOrch]

A DCA cant add anything....the agreement is terminated by the time they get their mitts on it.The original creditor cant add anything either unless he regularly serves a Notice of Sums in Arrears.

 

Sec 86 c CCA1974

https://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums

[amerillo]

Ok so the amount written on the claim form is the amount that I would owe should judgement be made against me. Ok well nowt else that can be done now so let's see how it plays out!.........To be continued!

[amerillo]

CASE DISMISSED!!!

 

Thank you so much for all your help guys!

Couldn't have done it without you!!!

- donation on it's way (just waiting for some money to come in next week!)

 

That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well.

Didn't help my nerves that the PRA rep was 30mins late!!

 

Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!).

 

She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!

 

The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy;

 

judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed".

Not that that would have made a difference as by that point I had already explained my case, and she had agreed.

She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).

 

I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.

 

Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!!

 

I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest?

 

This threw me and ruined the feeling of joy that I momentarily had!

I phoned National DebtLine to get some clarity on this and they seemed to think the same thing!

 

Then I found this online:

 

"However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/

 

Found similar information on other sites and even on other threads on CAG.

I know you said they couldn't add anything Andy, so now I'm confused.com!!! 

 

How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!!

 

That just seems ridiculous and means that this thing will never end!!!!!

 

 

[AndyOrch]

They cant add anything......that load of old twaddle above you refer to is for commercial debts B2B  is not applicable to Credit Consumer Act agreements...the only late payment interest Legislation in the UK is the  County Courts Act 1984 section 69...and that can only be added after judgment is awarded.

 

https://www.legislation.gov.uk/ukpga/1984/28/section/69

 

The claim has been dismissed...yes they can appeal...if they have grounds which they haven't...and no they cant come after you and charge interest...they can charge as much as they wish but cant go near a court room with it......so its your choice if you wish to pay anything.

 

I told you the court would disregard further statements ...I didn't think it.

 

Anyway well done...stop looking at numptie forums and enjoy your win thats the end now.

Wish I had a £10 for every claim lost and they state they will appeal ...I would be rich now and sunning it up abroad..instead of giving free advice to you.

 

Thread title updated

 

 

[amerillo]

Ok, I will relax now! Hard for me as I tend to always overthink everything, and as this has been playing out in my head for the best part of a year (actually 10 years if you count from the start!) then it feels hard to let go of!!!

 

When the judgement paperwork arrives I will file it FOREVER as I guess I will need this to waive in the face of any DCA that PRA chose to sell this crap on to; I imagine the judgement papers will be a complete defence against any future attempts at enforcement??

 

Thanks again Andy. Like I said, this was only possible with the help of CAG!!!!!

[AndyOrch]

It wont be appealed and it wont be sold on