PRA/Broadies Oridinary Cause claim - old MBNA credit card

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?480820-Capquest-Shoos-SPR-claim-Kirkcaldy-old-Very-CAT-debt-SBd-**CASE-DISMISSED**

 

Please STOP TALKING ON THE PHONE!!

 

Follow the above thread

[Noodlesgal]

Thankyou for this!

[dx100uk]

ok take your time

THERE IS NO RUSH TO DO ANYTHING.

 

read thru that thread

if you want to complete that link that he did and post the answers up here too then do so

 

but that details everything you have to do

step by step.

 

if you wish once you've done the response form and filled it out EXACTLY as he did

[bar changing things to your case details etc ofcourse!!]

 

attach it here.

read UPLOAD upon how to make and attach PDF's to a thread.

 

but DONT do ANYTHING or SENT OR RING ANYONE

without checking here FIRST.

 

one last point that's probably obvious....

 

I know you are resident in Scotland

but you did take this card out whilst you were already resident in Scotland not south of the boarder and latterly moved north?

[Noodlesgal]

Resident in Scotland the whole time

[dx100uk]

statute barred

well more importantly totally extinguished SB rules

 

the debt does not exist its gone dead parrot

[Noodlesgal]

The debt is over £8k that means it’s an ordinary cause according to the link, that seems much more serious!

[dx100uk]

so that threads no good then as such

makes no odds its an ordinary cause really.

its still sB'd

 

ok hold for now

i'll point you elsewhere

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?480777-Cabot-Nolans-Ordinary-Cause-Claim-old-Halifax-Credit-Card-debt-possSBd&p=5056055#post5056055

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?478656-Arrow-Shoes-Oridinary-Cause-Action-1st-Direct-HSBC-Credit-Card-debt

 

can you scan up the writ please to ONE MULTIPAGE PDF

read upload

 

dx

[Noodlesgal]

name the issuing court: Dundee Sherrif Court

 

Who Is The Claimant: PRA GROUP (UK) LTD

 

Who Are the Solicitors: Brodies LLP

 

What type of action? (simple/Ordinary): Ordinary Cause

 

What is the claim for – The pursuer craves the court;

1. To grant decree against the defender for payment to the Pursuer of the sum of EIGHT THOUSAND SIX HUNDRED AND SIXTY EIGHT POUNDS AND SEVENTY SIX PENCE (8668.76) STERLING with interest thereon at the rate of eight per cent (8%) per annum from the date of the citation until payment.

2. For the expense of the action.

 

look for the words which FOLLOWS [substantial connection with Scotland]

 

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

Last Date Of Service:- 27th October 2017

 

Last Date For Response:- 17th November 2017

 

What Documents are listed in Box E2:[or in your form requesting the same?] i cant see a box e2? but they have attached a Copy Credit agreement which is the same as teh one linked above

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt Credit Card

 

D5 what has the claimant said]:

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? before it was 2000

 

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. Debt is claimed to be assigned and debt putrchaser has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I am unsure if i received official notice of assignment but i was aware Aktive Kapital and no w PRA were dealing with it

 

Did you receive a Default Notice from the original creditor? not that i remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have received statements, am unsure of heading or content

 

When was you last payment:- 18th July 2012

 

Why did you cease payments:- I phoned and asked for help as the interest rate was increased from 8% to 27% over time and i could no longer keep up payments. They said they wouldnt look at helping me till i fell behind so i stopped paying, I think spent a while trying to get into a debt arrangement scheme but at that point there were no free ones available and i didnt know what to do, in the end i just buried my head.

 

Was there a dispute with the original creditor that remains unresolved? only the massive charges which make up around 20% of the total and more if you take into account ppi etc

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? yes, only as above

 

im awaiting a debt advisor calling me back to discuss - wish me luck

[dx100uk]

why are you doing that?

 

dx

[Noodlesgal]

Im just not sure how to progress I think i will have to get a lawyer for court?

 

Have called national debtline and am waiting for them to call me back

[dx100uk]

what are you going on about!!

you don't need a lawyer were not in the US of A.

 

you don't need NDL or any one.

 

simply file the statute barred defence

but you must do it in the right FORMAT

those threads SHOW YOU HOW go READ THEM.

 

then all you do is hand it in to the clerks office end of the matter...

 

dx

[Noodlesgal]

DO I also add the defence that they haven't supplied me with an enforcable consumer credit agreement?

[dx100uk]

No. The debt is extinguished

There is no debt to enforce

 

you've got until the 17th so don't rush

 

if I can i'll do a guide that's well over due

 

post 4 here particularly the red bits

https://www.consumeractiongroup.co.uk/forum/showthread.php?482558-What-To-Do-Ordinary-Cause-Action-Claims-Scotland(1-Viewing)-nbsp

 

TAKE IT in person to the clerk of the sheriffs court that issue the cause and get it checked

 

in SOME instances you MUST copy ['intimate' this to the claimant or their solicitors as well]

ASK the clerk in this instance if its required to copy it and to whom.

[Noodlesgal]

ok thankyou so much for this! I did read over last week and im going to fill it in tomorrow.

 

Im absolutely terrified of doing it wrong,

also my neighbour works in the court

so that's been putting me off going in but I guess I have to just get over it!

 

if I upload the completed form tomorrow can someone look over me?

 

Just one last thing,

ive advised brodies its statute barred and they've said "our position is it isn't"

 

I thought once they were aware they had to stop pursuing but maybe if that's only if they agree?

looks like im going to have to go to court

[dx100uk]

why did you do that?

shouldn't be contacting the claimant nor their dogs ever without asking first.

but ofcourse they'll say that. how did you tell them this?

 

use your neighbour to good effect them, they might be able to help you!

 

the clerks office will check it over to make sure it IS compliant

you are a LiP [litigant in person]

they are duty bound to help, but obv cant give legal advise.

[Noodlesgal]

in answer to your question how did I inform them i believed it was statute barred

i phoned them when i got the court papers as id read elsewhere on here that once a dca is aware a debt is statute barred they are not allowed to chase so i thought it might stop the stress of this.

 

I ended up going to a solicitor i know for advice on how to fill in the forms as i was terrified id make a stupid mistake that would invalidate the defence and they took one sheet of paper from the whole thing which was the "notice of intention to defend" and got me to sign it and date it and hand it in to court with my £120 and that was it!

she said ill get a letter in a week with a timetable. she said i didnt need to include or discuss any evidence at this point.

 

my deadline was today for replying to court (i did it yesterday)

but i haven't replied to Brodies and i thought i had to so i'm about to contact the solicitor i know to confirm or deny if i have to do that.

 

ill keep you up to date

[dx100uk]

well just using the intention to defend typically means you demand to be seen in court by the sheriff

but if they think better

 

the reason why you file a defence in this instance is that its statute barred

so the debt doesn't exist, its extinguished

 

and unless they've proof otherwise and intimate it to the sheriff and yourself

you wont have to go anywhere near a court in scotland

[Noodlesgal]

hmmmm so if i go and file the statute barred defence today that should stop it? i did ask if i had additional stuff could i add it in before tomorrow? (i.e. today) they said yes

[dx100uk]

.Scottish

.........

 

the Scottish SB defence

 

which I think runs.

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

under scottish laws the debt is now extinquished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

 

do as the other sheet you sign it on the back etc

 

you should be copying them to the claimants solicitor

[Noodlesgal]

So I’m

In a real mess with this!

Took my defences to court

which they wouldn’t accept as she said that was “not a defence in law”

 

just kept saying I needed a solicitor,

 

this has made me miss the date for submitting defences,

 

just seen a solicitor and he said it is NOT statute barred and I should ask for a time to pay directive ,

 

I’m at my wits end...

 

he said I’ve been taking advice from unqualified people and it’s all wrong :

 

( the court clerk said I can ask for a motion to submit defences late but I dont know how to do that.

 

I’ve just bitten off more than I can chew here

 

I’m devastated

[dx100uk]

what are they going on about ofcourse its a defence in law

and if you last paid more than 5 yrs ago the debt is extinguished totally, and does not exist.

 

why is this solicitor saying its not statute barred then?

 

dx

[Noodlesgal]

the court clerk just kept saying that It wasn’t a defence “in law”

even though I was referring to the legislation and kept saying I needed to “go to a solicitor”

 

The solicitor I spoke to this morning was saying “debts don’t just goaway that would mean if someone avoided being tracked down for 5 years they would not have to pay it back so obviously it’s ludicrous” and I was thinking “I’m pretty sure that’s exactly what happens”

 

He said if I kept my appointment with him they’d be looking for £1500 immediately and he’d be telling me to pay so not to bother if I wasn’t happy to listen to someone who was qualified in the law.

 

I’ve gathered myself and phoned a few others and the first one said she wasn’t experienced in this type of ordinary cause she only did family but she DID give me numbers of other local firms of Solicitors who are and I have an appointment with one tomorrow .

 

She said the first solicitors were not suitable and I “dodged a bullet”

 

I wish I could find the court forms to do myself but I can’t and I’ve lost all confidence now

[dx100uk]

I'm really annoyed that you took advise 3 times now from other sources

and its them that have screwed things

 

if you'd filed the statute barred defence AS YOU WERE TOLD on the 17th nov

this would all have been over with by now.

 

make SURE you file the motion in THE CORRECT FORMAT.

not laying things out in the correct way WILL mean the defence is not a defence in law.

 

all the forms are at post 2 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?482558-What-To-Do-Ordinary-Cause-Action-Claims-Scotland

[Noodlesgal]

I took advice from other sources as I am terrified and not confident in going to do things correctly,

 

I submitted the defence from here laid out in that format