PRA GROUP claim form - old provident loan 'debt'***Claim Discontinued***

[AndyOrch]

Court date set for 10th March, still not heard anything from PRA

 

Will they just bring anything they do have as proof to the actual hearing?

 

I'm reading other threads to try to work out what my defense will entail

 

Thanks for your help everyone.

 

You have complied with the court directions LL...standard disclosure and witness statement and submitted and served in preparation for trial ?

 

Andy

[dx100uk]

wont be going anywhere without paperwork..

just remind me this was a doorstep loan..

 

ah yes it is..

 

they'll never get the payment book the agent used.

 

without that they're stuffed

[Liverlass]

You have complied with the court directions LL...standard disclosure and witness statement and submitted and served in preparation for trial ?

 

Andy

 

Court directions yes,

 

The rest I don't know what it is, that's why I'm asking what I need.

 

I'll find out as much as I can tomorrow from the courts

 

Thankyou for your help

[dx100uk]

so what were the courts directions....

[AndyOrch]

Perhaps post a copy of your witness statement here and your disclosure list.....for future reference and to assist others LL.#

 

Andy

[Liverlass]

What are a disclosure list & witness statement please?

 

All I've done is put in the defense before christmas, not heard anything since 3rd January when I received a letter saying the applicant needed to pay the fee by 10th January or the case would be removed from case list. Not heard from PRA or the courts since.

 

The lady advisor at the courts told me that there's a full claim hearing set for 27th March, not sure why I had the earlier date in my mind.

 

She's sending me out a copy of the court letter so I'll have the information again of when witness statement needs to be in etc..

 

So I'm now waiting for the letter to see what I've missed & what to do next.

[Liverlass]

Witness statements were due by 10th January, this included the written statements of themselves & any witnesses (if any)

 

Witness statements must

 

(a) start with the name of the case & claim number

(b) state the full name & address of the person making the statement

© set out that persons evidence clearly & in numbered paragraphs on numbered pages

(d) end with this paragraph : "I believe the facts stated in this winess statement are true "

(e) be signed & dated by the person making the statement

 

Mediation Directions

 

Having considered the papers, the court believes that your case is suitable for mediation.

 

Will I still be able to put in a witness statement & apologise to the judge & ask if they will please accept it being late? I know they'll bring it up & wont be happy about it, but is there a chance they'll accept it? Has anyone done this in the past?

 

I have no clue what my statement should say even. Think I've completely messed this up.

[AndyOrch]

If you have not received the claimants witness statement and disclosures which were due 10th Jan..then its a fair assumption they will be ditching this claim.....as they like you have also failed to comply with the directions.

 

Ring the court again tomorrow and ask if they have paid the hearing fee..if they haven't then its definitely a ditch.

 

No point drafting your WS until you know the above....as the court should just strike out the claim

[Liverlass]

Yes they did eventually pay the fee, the advisor told me when she told me the hearing is set for 27th March.

 

I have received nothing from the claimaint apart from acknowledging the requests & postal order sent asking for copies.

 

I am still waiting for mediation to reply they have until tomorrow according to their automated response, so if there's no email by midday, I'll ring them up & ask when can they arrange mediation. It's 21 days before the hearing so hopefully they can slot it in.

[AndyOrch]

Check with the court if they have filed their WS and Disclosures with the Court.....by the the 10th Jan..if not ask them to put a note in the file to bar their evidence.

[Liverlass]

The directions state the hearing fee should be paid by 29th December 2016, I then received a letter from the court which stated the claimant had until 10th January to pay the fee or it would be struck out.

 

I haven't been told when they paid, just that it was paid, so the claimants haven't complied with the courts directions twice with paying the fee before 29th December 2016 & witness statements also. I have only missed the one, I know that's also bad but at least it's only once not twice.

 

I'm already suffering with panic attacks & anxiety without this added stress of this case. I'm dreading this.

[AndyOrch]

Well once you find out if they have submitted them to court and just not served you or neither...then you can soon file a witness statement tomorrow...then you have complied.

[Liverlass]

They haven't done anything. There's nothing been received since the payment was due by 10th Jan & they have paid that.

 

She even asked me where I got the information from that witness statements were due by the 10th Jan as it doesnt say that on the file, only that the claimant had to pay fees by the 10th Jan.

 

She said she couldn't put a note on the file, it doesn't work that way.

 

 

I have to write an application to the court & pay a fee, & know exactly what it is I'm asking the court to do, explaining clearly what I'm asking for.

 

So what do I need to write in this witness statement?

 

Is it that I've asked them for proof of the alledged debt, original copies of the details with my signature & examples of the letters I've sent them but received no response?

 

Sorry I forgot, she also said to me it depends on whether I want it to go to court or not.

I don't know what she was getting at as I thought I have no choice in the matter.

 

 

They are taking me to court claiming I owe that amount & I have to defend it.

 

Mediation said: Your contact details have been added to the court records, at the present time there has been no contact from the Claimant.

[AndyOrch]

You said 10th Jan in your post above ?

 

 

" Witness statements were due by 10th January, this included the written statements of themselves & any witnesses (if any)

 

Witness statements must

 

(a) start with the name of the case & claim number

(b) state the full name & address of the person making the statement

© set out that persons evidence clearly & in numbered paragraphs on numbered pages

(d) end with this paragraph : "I believe the facts stated in this winess statement are true "

(e) be signed & dated by the person making the statement "

[Liverlass]

Yes thats what the letter I have received from court says, but the advisor says theres nothing on the system.

 

I'm following what this letter says as its just my luck if I dont it will suddenly appear on the system in the future.

[AndyOrch]

Absolutely.....I sense that there may be errors in procedure with this claim....

 

Court staff are not legally trained to advise what to do...so disregard her advice.....she can put a note on the system.....parties are not expected to make application and pay £100 everytime they want something recorded or brought to the courts attention.

 

I will post you an example witness statement shortly...its an example only as witness statements are your statement in your words in support of your defence..but you will get the idea.

[Guest]

you said

..I then received a letter from the court which stated the claimant had until 10th January to pay the fee or it would be struck out.

was it just about the fee, or were there any directions included about statements.

can you revisit that letter, and if needs be scan it up.

[Liverlass]

Absolutely.....I sense that there may be errors in procedure with this claim....

 

Court staff are not legally trained to advise what to do...so disregard her advice.....she can put a note on the system.....parties are not expected to make application and pay £100 everytime they want something recorded or brought to the courts attention.

 

I will post you an example witness statement shortly...its an example only as witness statements are your statement in your words in support of your defence..but you will get the idea.

 

 

Thank you

 

you said

was it just about the fee, or were there any directions included about statements.

can you revisit that letter, and if needs be scan it up.

 

Thanks for reply.

 

Purely only about the fee needing to be paid as the directions letter from December stated it had to be paid by 29th Dec.

 

Yes I can put it on if needed.

[Guest]

you said the letter said fee by 10th jan.

where then do you get the directions re wit statements by the 10th Jan?

[Liverlass]

Received Court letter stating Notice of Allocation to the Small Claims Track (Hearing) dated 13 December 2016

 

It is ordered that:

 

It covers

 

Allocation

Hearing date

Hearing fee

Witness statements

Mediation directions

 

It also ends dated 8 December 2016

 

They didn't pay the fee by 29th December 2016.

 

I then received a letter from the court stating General Form of Judgement or Order dated 3 January 2017

 

It is ordered that

 

Unless the Claimant do pay by 2.00pm on 10th January 2017 the hearing fee or file a properly completed application for exemption or remission from fees then the claim be struck out & the trial hearing will be removed from the Court list.

 

This order having been made of the Court's own initiative a party by this Order may (i) apply to reinstate the claim on payment of the fee &/or (ii) apply to have the order set aside varied or pursuant to Civil Procedure Rule 3.3(5) &/or Civil Procedure Rule 3.6 provided that such application must be made to the Court within 7 days after the date on which the Order was served.

 

Dated 3 January 2017

[Guest]

nothing to do with having to file/serve statements by 10th jan then.

therefore, the normal timeline rules apply re. you're still in time by the looks.

[Liverlass]

- Witness statements

 

By 10th January, 2017 each party must send to the court & to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves & of any other witnesses (if any).

 

Witness statements must

 

a) start with the name of the case & the claim number

b) state the full name & address of the person making the statement

c) set out that persons evidence clearly & in numbered paragraphs on numbered pages

d) end with this paragraph : "I believe the facts stated in this witness statement are true"

e) be signed & dated by the person making the statement

 

Then it goes to

 

- MEDIATION DIRECTIONS

[Guest]

ok

why didn't you just post that all up in full before when i originally asked!!

if neither party has complied, then both might get away with being late re

[AndyOrch]

Received Court letter stating Notice of Allocation to the Small Claims Track (Hearing) dated 13 December 2016

 

It is ordered that:

 

It covers

 

Allocation

Hearing date

Hearing fee

Witness statements

Mediation directions

 

It also ends dated 8 December 2016

 

They didn't pay the fee by 29th December 2016.

 

I then received a letter from the court stating General Form of Judgement or Order dated 3 January 2017

 

It is ordered that

 

Unless the Claimant do pay by 2.00pm on 10th January 2017 the hearing fee or file a properly completed application for exemption or remission from fees then the claim be struck out & the trial hearing will be removed from the Court list.

 

This order having been made of the Court's own initiative a party by this Order may (i) apply to reinstate the claim on payment of the fee &/or (ii) apply to have the order set aside varied or pursuant to Civil Procedure Rule 3.3(5) &/or Civil Procedure Rule 3.6 provided that such application must be made to the Court within 7 days after the date on which the Order was served.

 

Dated 3 January 2017

 

So you did get a Notice of Allocation...or is that the one you requested last week?

[Liverlass]

ok

why didn't you just post that all up in full before when i originally asked!!

if neither party has complied, then both might get away with being late re

 

I posted that the ws were due 10th Jan 2017 in post 68 & asked for advice on whether or not this has in the past been any cases where defendants are able to put in late apologising & the court allows it.

 

Then again in post 82 I posted that I received Court letter stating Notice of Allocation to the small claims Track (Hearing) dated 13 December 2016

& 8 December that covers Witness statements in the paragraphs under 'It is ordered that'

 

I don't know why you are questioning whether or not they were due in January, I'm late for ws & that's fact. I've had to type up the exact wording as you questioned why it was due then. I only know what I have received from the courts.

 

So you did get a Notice of Allocation...or is that the one you requested last week?

 

I received it but was dealing with my child custody court case at the time so I put in the defense that you helped me with, but then focused on my custody case as more important.

 

I somehow misplaced it, so I requested another copy. So now I know exactly what I've missed with the time schedules.