PRA Claim Form - HSBC current account OD

[AndyOrch]

Their claim is for an overdraft...no loan mentioned anywhere...by defaulted the claimant means you stopped depositing funds to the account...failed to service the facility...ignore their terminology as most DCA court claims..they do not really understand overdrafts

[tinmachine]

So today is the 4th, the submission deadline is the 7th and so far nothing else has been received from PRA Group other than the letter saying they have requested the original agreement from HSBC.

[AndyOrch]

Dont be waiting on documents from the claimant...they wont comply...you need to start finalising your defence now.

 

See here....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469487-Hoist-Cohen-claimform-HSBC-OD-debt/page2

[tinmachine]

Okay, Thanks.

 

What I have so far are the responses as listed below (I'll obviously remove all of the bracketed text before using, I just left it there to help clarify things at this stage) I can't find anything suitable in other threads to use as a reply to Paragraph 2; any suggestions?

 

Particulars of Claim (for cross reference only)

 

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

 

5.AND THE CLAIMANT CLAIMS

1. The sum of 15,000

2. Statutory interest pursuant to section 69 of the county courticon 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor HSBC Bank Plc. It is denied that The Defendant is indebted for the alleged balance claimed.

 

2. Paragraph 2 is denied that HSBC Bank Plc has ever served Notice pursuant to 76(1) and 98(1) of the CCA1974 and therefore the Assignee is prevented from seeking any relief for any alleged outstanding balance pursuant to the CCA1974.

 

3. Paragraph 3 is denied. The Defendant is not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

(Payments of 324.00 received up to 30/08/13)

 

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 court’s 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

 

Appreciated.

[AndyOrch]

Started to edit the defence above....as this is Fast Track and a considerable amount...it will require further editing.

 

Get back to you later.

 

Andy

[tinmachine]

Started to edit the defence above....as this is Fast Track and a considerable amount...it will require further editing.

 

Get back to you later.

 

Andy

 

No problem, thanks for your input

[AndyOrch]

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

 

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

 

To keep it out of Multitrack 25K so thy could add section 69 interest

 

I have not forgotten you timmachine...will firm up your new defence tomorrow.

 

If you could confirm...have you never had an overdraft with HSBC ?

 

Regards

 

Andy

[tinmachine]

Hi.

 

We may have had one but it would have been £200 at the most.

[AndyOrch]

So nothing in the region of £24 K...excellent.....lets humour them .....back later......

 

What date is your defence due?....Im chasing myself at the moment.

 

Andy

[dx100uk]

4pm tomorrow andy

 

 

dx

[AndyOrch]

4pm tomorrow andy

 

 

dx

 

Thanks DX......should have it posted up this evening.......promise:oops:

[AndyOrch]

Particulars of Claim (for cross reference only)

 

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

 

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.

 

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 is denied with regards to the Defendant entering into an agreement for an overdraft facility to the credit limit of £24,500.00.It is admitted having held banking facilities with the original creditor HSBC Bank Plc. which included an Overdraft Facility with a credit limit of £200.00.

 

2. Paragraph 2 is denied.I have never held an overdraft facility with a credit limit of £24,500,00. HSBC Bank Plc has ever served Notice pursuant to 76(1) and 98(1) of the CCA1974 and therefore the Assignee is prevented from seeking any relief for any alleged outstanding balance pursuant to the CCA1974.

 

3. Paragraph 3 is denied. The Defendant is not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

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 court’s 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 which shows a facility of £25,000,00

(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.

[tinmachine]

Thanks Andy/DX, you've both been a great help with this. I'll add the date that the CPR was received and then submit this on-line. Finger's crossed that this will be as far as it goes

 

Actually, one question: do I submit the red text or just the defense?

[AndyOrch]

Thanks Andy/DX, you've both been a great help with this. I'll add the date that the CPR was received and then submit this on-line. Finger's crossed that this will be as far as it goes

 

Actually, one question: do I submit the red text or just the defense?

 

Just the defence

[tinmachine]

Slight problem. I'm unable to log in to the MCOL site to submit the defense. I'm using the same Claim Number and Password as when I logged in last time but it just keeps saying "The following errors have occurred: Claim number or password is incorrect." I've checked it a dozen times and it's definitely right. Guess I'm going to have to get my wife to call them!

[AndyOrch]

You can submit it by email

 

Just checked the Site......The Money Claim Online service is temporarily unavailable. Please try again later.

[tinmachine]

Does this look like the right email address to use 'MCOL@hmcts.gsi.gov.uk' ? Also, what's the format for submitting via email? Should it be an attachment, in the body of the email, as a pdf or word etc Thanks.

[tinmachine]

Used the one above, then had this reply

 

 

IMPORTANT

You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to [email protected] to ensure that they are filed correctly. Your email has not been forwarded.

 

N244 and N245 applications should be sent to [email protected]

 

The deadline for documents to be received is 4pm, any documents received after this time will be classed as received on the next working day.

 

Send defense as .doc attachment along with Claim Number and defendant's details to [email protected] .

[AndyOrch]

Used the one above, then had this reply

 

 

 

 

Send defense as .doc attachment along with Claim Number and defendant's details to [email protected] .

 

Yes send it as an attachment...head your email defence and claim number

[tinmachine]

Yes send it as an attachment...head your email defence and claim number

 

Done!

 

I guess we just wait for the court to make a decision now?

[AndyOrch]

33 days...if the claimant does not respond the claim is stayed.

[tinmachine]

Hi.

 

Had a letter from PRA on 24 Oct simply saying

 

We write further to the above and confirm receipt of your defence. We have written to the court to inform it that we wish to proceed with our claim.

 

Is this just a standard letter or does it mean they intend to go 'all the way'?

 

Thanks.

[dx100uk]

std really

if they have you'll get a form from the court

[mercyblue]

Hi.

 

Had a letter from PRA on 24 Oct simply saying

 

Is this just a standard letter or does it mean they intend to go 'all the way'?

 

Thanks.

 

Expect a notice of allocation then

[tinmachine]

Hi.

 

33 days from the date that the defence was due, would be 05/11/16. How will we know if the case has been stayed or if it's going to continue?