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

[AndyOrch]

Okay so now you need to get your Witness statement and disclosures done.

 

The Notice of Allocation states the dates that they must be submitted ..its normally 14 days before the trial date.

 

Example WS and how to attach exhibits as evidence.

 

IN THE ******* COUNTY COURT

Claim No. ***********

 

BETWEEN:

XXXXXXXXX

Claimant

 

 

AND XXXXXXXX

Defendant

************

 

_________________________________

 

WITNESS STATEMENT OF **********

_________________________________

 

 

 

I ******, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in the claim.

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2. On or around the ** Sept 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £xxxx.xx in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into.

 

3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state the debt was legally assigned by MKDP LLP (Ex HSBC) to the Claimant and that Notice was provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignment.

 

5. On ** November 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Hoist Portfolio Holding 2 Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B].

 

6. On ** January 2015 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C].

 

7. Apart from the Notice of Assignment, I have not received any of the documents mentioned in the claimants claim form.

 

8. The Claimant replied to my second request on ** September 2016 [EXHIBIT D] and failed to supply any documents that I requested.

 

9. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with HSBC in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon.

 

Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: ________________________________

 

Dated: ________________________________

[Liverlass]

Thankyou.

 

I'll edit it to my case & post back to see if I've written it right.

 

Thankyou for all your help, my custody case has more problems that I'm dealing with with solicitors, but now this debt case is the one coming up soon so I have to focus on both & prepare myself for the end of the month for this one. i greatly appreciate all your help.

[Guest]

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.

because you said the court was also questioning it!

and, you didn't provide the full order of the bit re the wit statements, and re your post #72 saying the letter was re the fee

that's why.

and, i gave advice. both late (you said they haven't disclosed), then both might get away with it being late. up to the J on the day.

good luck. am out.

remember, the help you get on cag is free and voluntary by the good will of caggers.

[Liverlass]

Got this so far. (Had a family problem I've been dealing with this week)

 

IN THE ******* county courticon

Claim No. ***********

 

BETWEEN:

XXXXXXXXX

Claimant

 

 

AND XXXXXXXX

Defendant

************

 

_________________________ ________

 

WITNESS STATEMENT OF **********

_________________________ ________

 

 

 

I ******, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in the claim.

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2. On or around the ** Sept 2016, I received a claims formicon from the County Court Business Centre, Northampton, for the amount of £1110.41. The claimant contends that the claim is for the sum of £953.40 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer crediticon Act 1974 (CCA).

 

3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement.

 

There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state........

[Liverlass]

Here's my draft. If you can point out anything wrong please I would very much appreciate it.

 

Thankyou in advance

 

 

IN THE ******* county court

Claim No. ***********

 

BETWEEN:

XXXXXXXXX

Claimant

 

AND XXXXXXXX

Defendant

************

 

_________________________ ________

 

WITNESS STATEMENT OF **********

_________________________ ________

 

 

I ******, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in the claim.

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2. On or around the ** Sept 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1110.41. The claimant contends that the claim is for the sum of £953.40 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).

 

3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occured or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state the debt was assigned by Provident Personal Credit Limited to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned it to the Claimant, PRA Group (UK) Ltd. and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments.

 

5. On ** October 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to PRA Group (UK) Ltd. requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974 [EXHIBIT B].

 

6. On ** October 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974 [EXHIBIT C].

 

7. I have not received any of the documents mentioned in the claimants claim form.

 

8. The Claimant replied to my request on ** October 2016 [EXHIBIT D] and failed to supply any documents that I requested.

 

9. The Claimants pleaded case is that the Defendant entered into an agreement with Provident Personal Credit Limited under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had doorstep loans with Provident Personal Credit Limited in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon.

 

Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 77.4 (a) of the Credit Consumer Act 1974.

 

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

[AndyOrch]

Just one small error in red above which is now corrected...you had put 78.6 (a).

 

Andy

[Liverlass]

Thankyou.

 

Do I now sign in & transfer this over like I did my defense or do I post it in with the exhibits & a covering letter apologising for it being late.

 

Thankyou for all your help

[dx100uk]

I copy to court recorded

claims sols can be send by whatever method you like but leave it unsigned

[Liverlass]

Thankyou

[The GodMother]

Any news on this

[Liverlass]

Hi everyone. So sorry I've taken until now to update you all.

 

The Friday before I was due in court on the Monday I received a letter telling me they have dropped the case.

 

 

I phoned the court to confirm the case was infact dropped & I didn't have to attend court on Monday.

They confirmed what the letter said.

I cannot remember exact wording but will find letter & post the exact wording.

I have heard nothing since.

 

Good luck to all those who are following this thread going through the same procedure.

 

Huge Thankyou to everyone who helped me & guided me along as I really didn't have a clue . I fully believe it's down to following your advice & guidance that is the reason it got dropped. Thankyou each & every one of you.

[swisstoni]

Excellent News, well done.... I'm hoping for the same outcome but i'm happy to attend court to prove my innocence in the matter....

[dx100uk]

you mean notice of discontinuance.

 

 

dx

[Liverlass]

Yes that's it. The court clerk just parroted back to me that phrase, I asked her what does that mean? She repeated they've sent you a letter saying that.

 

I googled it to find out what it meant.

[dx100uk]

await your copy

but looks good yes.

[Liverlass]

I havent received anything from the court, just that letter from PRA

[dx100uk]

so you've got the NOD from PRA?

if so that it over with

[Liverlass]

Can they retry in future? Or is it written off completely? Thanks

[dx100uk]

could happen but extrememly rare

you simply copy the NOD to whomever chases you.

odds on they'll flog in on mind.

 

 

dx

[AndyOrch]

Well done...thread title amended to reflect the outcome.

 

Regards

 

Andy

[mystirio]

well done you waiting for a letter from lowlife regarding provi