PRA Claim Form - HSBC current account OD

[tinmachine]

Name of the Claimant ? PRA Group (UK) Limited

 

Date of issue – 05 Sep 2016

Date to submit defence = 07/10 (33 days in total) -

 

What is the claim for –

 

1.The claimant claims the sum of 19,000 for debt and interest.

2.On 18/07/05 the defendant entered into an agreement with HSBC Bank plc for an overdraft under reference xxxxxxxxxxxxxx.

3.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

4.On 25/09/07 the debt of 24,500 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself 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.

Payments of 324.00 received up to 30/08/13

5.AND THE CLAIMANT CLAIMS

1. The sum of 15,000

2. Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 30/08/13 to 02/09/16 3669 and thereafter at a daily rate of 3.34 until judgment or sooner payment.

 

What is the value of the claim? 19,866

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

 

The particulars of the claim section states it is an overdraft. This is incorrect; no overdraft was held for more than £100. A joint loan was defaulted with HSBC for a similar amount at that time though.

When did you enter into the original agreement before or after 2007? Before. It was 2005

 

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. PRA group

 

Were you aware the account had been assigned –did you receive a Notice of Assignment?

Possibly. Most debt related letters destroyed years ago.

Did you receive a Default Notice from the original creditor? Probably but unsure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know.

 

Why did you cease payments? Financial difficulties.

 

What was the date of your last payment? 30/08/13

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. We tried to enter into an IVA but not all of the creditors agreed and it never started.

Additional info

 

Is there a way to reduce the amount of this claim, or stop it altogether?

If not, what would be the minimum amount you'd suggest offering as a monthly payment?

 

any help gratefully appreciated.

 

Thanks.

Edited September 7, 2016 by martin2006

[dx100uk]

I would suggest this is what is called a managed loan whereby they merge everything convert it to a loan

Then dump it into the current account creating an OD you know nothing about

 

Go read up on managed loan hsbc

[martin2006]

Tinmachine, i have removed the account reference numbers from your original post.

Please ensure you redact any personally identifying information from future posts.

 

Martin

[martin2006]

So, go to mcol online, using the info on the claimform, log in.

 

Acknowledge the claim

Tick defend all

Leave jurisdiction unticked

Exit mcol

 

Send a CCA request to the claimant (pra)

 

Send a cpr 31:14 to the solicitors acting for the claimant

[tinmachine]

Tinmachine, i have removed the account reference numbers from your original post.

Please ensure you redact any personally identifying information from future posts.

 

Martin

 

Sorry, was tired and stressed when typing OP. Thanks for the edit.

[martin2006]

No worries

[shamrocker]

 

Additional info

 

Is there a way to reduce the amount of this claim, or stop it altogether? If not, what would be the minimum amount you'd suggest offering as a monthly payment?

 

There's a long way to go yet for any claim to reach court - however, how much could you realistically afford if the worst came to the worst?

[martin2006]

Have you done everything in post *4 please?

[tinmachine]

Hi.

 

I've done the CAG letter,

I'm hoping to get to a post office to get the postal order tomorrow so I can post it.

 

 

I can't find any mention of a solicitor acting on their behalf to send the CPR to.

 

 

The Claim form has the same addresses (one in the 'claimant' box and one in the 'address for sending documents and payments' box) both for PRA and the front page is signed with the name Robert Marr as the claimants' legal representative.

 

 

I'm sending the CAG to the PRA address; who should I send the CPR to?

 

Duplicate deleted

 

There's a long way to go yet for any claim to reach court - however, how much could you realistically afford if the worst came to the worst?

 

Off the top of my head? about £10-20 a month?

[AndyOrch]

Send the CPR to the claimant in the absence of any named Solicitor

[tinmachine]

Send the CPR to the claimant in the absence of any named Solicitor

 

Thanks.

 

I've acknowledged the claim on-line, sent the CCA by recorded delivery and I'll be sending the CPR by recorded delivery this afternoon.

Edited September 13, 2016 by Andyorch
edited CCA not CAG

[tinmachine]

I've had a letter back from PRA saying that they've requested the original documents from the original creditor.

[tinmachine]

What happens if they haven't provided the documents by the end of the original 28 day period?

[dx100uk]

What ever you or they do

Don't miss your defence filing date

 

Holding/no paperwork def

See like threads

[tinmachine]

Hi. Is there one particular thread where everything went as planned that you can point me too? My brain is frazzled from reading through post after post of confusing details and specifics that don't seem to relate to the process I was directed to. Help!

[tinmachine]

Hi. Just found this on a post about another HSBC overdraft claim. IS this the type of defence I should be entering?

 

1.The claimant claims the sum of 19,000 for debt and interest.On 18/07/05 the defendant entered into an agreement with HSBC Bank plc for an overdraft under reference xxxxxxxxxxxxxx.

2.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

3.On 25/09/07 the debt of 24,500 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself 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.

Payments of 324.00 received up to 30/08/13

AND THE CLAIMANT CLAIMS

1. The sum of 15,000

2. Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 30/08/13 to 02/09/16 3669 and thereafter at a daily rate of 3.34 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 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.

 

1. Paragraph 1, I accept that I have held a current account with HSBC Bank Plc. I have not serviced this account since **** due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2. ?

 

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed before even considering adding section 69 interest which I understand is at the courts discretion.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

6.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.

 

Regards

Edited September 28, 2016 by Andyorch
Particulars renumbered and defence tweaked.

[AndyOrch]

Yes.....thats the type of defence to cover an overdraft.

 

Andy

[dx100uk]

I've entered the poc from YOUR claimform

you need to align to that.

[AndyOrch]

You just need to respond to their Paragraph 2 now...the rest of the defence and particulars I have tweaked.

 

Andy

[tinmachine]

Thanks Andy/dx. Paragraph 2 refers to the overdraft which is all to do with that HSBC managed loan malarkey. Do I just say that I never had an overdraft?

 

More importantly, I've just finished reading this thread "430285-Lowell-Carter-Claimform-HSBC-debt" (Sorry, the forum won't let me use any formatting tools, I can't even select bold or italics let alone hyperlink!) This defendant had to actually attend court.

 

My Claim was actually issued to my Wife but this whole process scares her to death so there's not a chance in hell that she'd ever attend a court hearing and defend herself. With this being the case, should we still be perusing this defence?

 

Thanks again.

[mercyblue]

"Paragraph 1, I accept that I have held a current account with Lloyd's Bank Plc."

 

Don't you mean hsbc?

[AndyOrch]

Thanks Andy/dx. Paragraph 2 refers to the overdraft which is all to do with that HSBC managed loan malarkey. Do I just say that I never had an overdraft?

 

More importantly, I've just finished reading this thread "430285-Lowell-Carter-Claimform-HSBC-debt" (Sorry, the forum won't let me use any formatting tools, I can't even select bold or italics let alone hyperlink!) This defendant had to actually attend court.

 

My Claim was actually issued to my Wife but this whole process scares her to death so there's not a chance in hell that she'd ever attend a court hearing and defend herself. With this being the case, should we still be perusing this defence?

 

Thanks again.

 

Paragraph 2 refers to the default...

 

2.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

 

Yes pursue it may not come to a court appearance ...but wit will def come to a CCJ for 6 years on your CRAs if you dont defend.

[shamrocker]

Why have they reduced the £24,500 down to £15,000?

[tinmachine]

They don't say. Could it be that's how much they paid for it?

[tinmachine]

Paragraph 2 refers to the default...

 

2.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500.

 

Yes pursue it may not come to a court appearance ...but wit will def come to a CCJ for 6 years on your CRAs if you dont defend.

 

Okay, thanks. So in respect of Paragraph 2, how should I respond as the default was on a personal loan, not the overdraft that they mention?