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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####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. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   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.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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tinmachine

PRA Claim Form - HSBC current account OD

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"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."

They have responded to the court within the specified time, so the case wont be stayed and hence why you can expect a notice of allocation arriving

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well we've seen them say this before and they haven't

 

see if the court write with allocation

if not around the date above it gets autostayed

and it will cost them to lift the stay.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Update:

 

Today received 'Notice of Proposed Allocation to the Fast Track' form.

 

What do we do now!

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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You say that like I haven't looked.

 

I'm asking because most of the posts I read are confusing at best.

 

I have no idea what most of this terminology or the process means and it scares the crap out of me that if I do something wrong this will end in court and my wife (who the claim is against) will absolutely NOT go there and will just let it be heard without attending.

 

If anyone can please explain what this form is actually for and what will happen next I'd be grateful.

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We could do with some help from you.

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tinmachine - it can be difficult reading other threads while you're anxious about what lies ahead with your claim, but rest assured the help will be here when you need it. I don't know too much about these dodgy HSBC managed loan/overdraft dealings, but it sounds as if the claimant will have a bit of work on their hands here. There's a fair bit of time to run, so just try not to stress on it and take time to find similar scenarios to read up on. Ultimately, the objective will be two-fold - to make them work, and to identify and make challenges to the legality to their claim. I've got a bit of experience dealing with PRA, so I'll keep an eye on your thread. It would give me great pleasure to assist you with getting them in a good chokehold. ;)

 

Just make sure to stay on top of everything. Don't leave anything until the last minute and you'll maintain better control over what's happening.

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Thanks Andy & Shamrocker, I'm sure this will all work out in our favour with your support.

 

I've read the replies on the threads that Andy suggested and will be posting our intended reply here as soon as I can make sense of it.

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Thanks Andy & Shamrocker, I'm sure this will all work out in our favour with your support.

 

I've read the replies on the threads that Andy suggested and will be posting our intended reply here as soon as I can make sense of it.

 

Keep your eye on your dates :wink:


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Keep your eye on your dates :wink:

 

I will, I'm fairly certain the Notice of Allocation gave until the 28th November to respond. I'll get a response sketched out in the next week and post it here for feedback.

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How does this look so far?

 

A. Settlement

1. No

2. No

3. 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.

 

B. Court

1. Not sure what to put in this section

2. Not sure what to put in this section

 

C. Pre-action protocols

1. Yes

 

D. Case management information

1. No

2. Not sure what to put in this section

3. They have requested fast-track, do I put anything in here?

4. Not sure what to put in this section

 

E. Experts

1. No

2. No

3. No

 

F. Witnesses

1. None?

 

G. Trial or Final Hearing

1. Less than one day

 

H. No precedent H

 

I. Other information

1. No future applications

2. Other info to consider

A CPR 31.14 request was delivered on XXXXXX but to this date the claimant has provided none of the requested information as follows:-

 

(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.

 

 

J. Directions

1. No proposed directions received from claimant, standard directions to be enclosed?

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This needs submitting tomorrow. Any suggestions of alterations before I submit?

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presume it is fast track, n150?


IMO

:-):rant:

 

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presume it is fast track, n150?

 

That's what they've requested.

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presume it is fast track, n150?

 

Now N181 Ford:wink:

 

A. Settlement

1. No...Yes

2. No...Yes

3. 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. Not a valid reason

 

B. Court

1. Not sure what to put in this section Complete second Box name your local county court

2. Not sure what to put in this section Yes

 

C. Pre-action protocols

1. Yes...No Not applicable to defendant

 

D. Case management information

1. No

2. Not sure what to put in this section Fast Track agreed

3. They have requested fast-track, do I put anything in here? Fast Track

4. Not sure what to put in this section Not applicable to Fast Track ignore

 

E. Experts

1. No

2. No

3. No

 

F. Witnesses

1. None? 1 ...you

 

G. Trial or Final Hearing

1. Less than one day

 

H. No precedent H (ignore leave blank)

 

I. Other information

1. No future applications

2. Other info to consider

A CPR 31.14 request was delivered on XXXXXX but to this date the claimant has provided none of the requested information as follows:-

 

(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.

 

Remove all the above in blue... should already be in your defence

 

 

J. Directions

1. No proposed directions received from claimant, standard directions to be enclosed? Yes

 

Andy


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Thanks Andy. I'm starting to think that just paying up would be a lot less stressful than going through this complicated process (stressed!)

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Now N181 Fordwink.gif

oops :)

 

tin, there will still be time to consider things. and maybe settle if thats what you want to do.

have a good think, and see what the guys say.


IMO

:-):rant:

 

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oops :)

 

tin, there will still be time to consider things. and maybe settle if thats what you want to do.

have a good think, and see what the guys say.

 

Thanks Ford; It's just the stress talking really. The N181 with draft directions has gone off to the court and the claimant; I'll wait and see what comes next.

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Update.

 

It was all quiet over Christmas but we've just had a 'N24 Standard order for stay for settlement' form from the court. It seems pretty self explanatory, and we don't have to do anything as the defendant.

 

It states that one of the prescribed steps must be taken before 8 March 2017; the steps are for the claimant only, unless they try to come to some agreement with us.

 

So we sit and wait.

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Pretty much so......its there call but normally either party must comply ?


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Had a letter from PRA group yesterday asking for permission to stay the court date whilst they await further documents from the 'original creditor'. They have enclosed copies of some historical account transactions (statements) showing the original loan amount and subsequent payments and some other statement (unidentified) which we believe was a record of the payments made under the debt consolidation mentioned earlier.

 

If we don't agree to stay and it goes to court what is likely to happen?

 

Alternatively, if we do agree to stay what documents will they be hoping to obtain (as we already know the amount owed was for a loan but what they are claiming is for an overdraft)?

 

And how will those two decisions impact on the court's decision (e.g. is either more favourable for a positive outcome for us)?

 

Thanks.

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Had a letter from PRA group yesterday asking for permission to stay the court date whilst they await further documents from the 'original creditor'. They have enclosed copies of some historical account transactions (statements) showing the original loan amount and subsequent payments and some other statement (unidentified) which we believe was a record of the payments made under the debt consolidation mentioned earlier.

 

If we don't agree to stay and it goes to court what is likely to happen? You allow them more time to find the documents to help with their claim....and most probably you will lose.....dont allow further time

 

Alternatively, if we do agree to stay what documents will they be hoping to obtain (as we already know the amount owed was for a loan but what they are claiming is for an overdraft)?Thats why they cant find anything

And how will those two decisions impact on the court's decision (e.g. is either more favourable for a positive outcome for us)? No effect...you are just following the normal court process.

 

Thanks.

 

Andy


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Thanks Andy. Is the next step, if we don't agree to a stay (which we won't) for the court to allocate a date?

 

What do you think is the likelihood of PRA turning up for a court appearance without the documents?

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Well as this is Fast Track..if they wish to proceed and its moved to allocation and filling the N181 it will ask if parties are agreeable to mediation (which the courts expects parties to participate) but be careful because mediation is not free in Fast Track..parties are expected to cover the costs......but if there is mediation its normally a 1 month stay anyway...so they get their stay...but only if they wish to proceed to allocation...not before.

 

Hope that makes sense.

 

Andy


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It does thanks. I'll wait and see what they do.

 

The letter the court sent says that one of three things must happen.

 

1, claimant must notify the court if the whole of the sum has been settled

2, the claimant or defendant must write to the court asking for an extension of the stay (PRA have already written to the court asking for a stay to give us time to look at the statements they sent us)

3, all parties must file completed directions questionnaires

 

PRA have presumably complied with step 2. Do the court now wait for PRA to get back in touch with them to let them know if we've sorted anything out between ourselves? If so, how long will the court wait for a reply?

 

Thanks again.

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