Backdoor PRA CCJ - Old LLoyds Credit Card Debt - sent to pulled down house site!!

[dx100uk]

threads merged..

can you complete this in please then we'll have everything to enable us to help you properly.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(3-Viewing)-nbsp

 

 

dx

[zamlat]

Do we have the details/history of the debt/dispute and claimed particulars ?

 

Andy

 

Yes the claim particulars are on the thread above.

 

the set aside hearing is tomorrow morning, how should one conduct oneself during the hearing?

 

what questions should be posed to the claimant?

Is there anything I should be aware of ?

 

Can I have example of schedule of costs to be submitted, cos the claimant would be responsible for the costs?

 

Thanks

 

Extracts from the WS:

 

4. Civil procedure rule 13.2 states

 

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

 

I respectfully submit that the conditions in rule 12.3.1(b) were not satisfied as the Claim form had not been served on me in accordance with the CPR, and in such circumstances the Judgment must be set aside.

 

5. In the alternative, I respectfully invite the Court to exercise its powers under CPR 13.3 to set aside the Judgment as the interests of justice require that I am allowed to defend this claim in circumstances where I have not been formally served with the Claim form, and in any event from the limited facts available to me there appears to be a valid Defence with a real prospect of success.

 

7. The owners of the estate decided to demolish it, and as a result I had to vacate the premises. I attach at exhibit XUSYSS a copy of the photographs which I have obtained from the internet showing the demolition works which were undertaken.

 

Prior to this I had no warning that a claim had been issued in fact I had not even been informed that the account had been transferred to the Claimant.

 

11. The claimant had served the claim form on non-existing address, following the demolition, the address does not exist and all mails to this address should have been returned. I attach exhibit YSHSYSHS a copy of the Royal Mail post code search which I carried out and which shows the post code does not exist any longer. In fact at the time the judgement was being passed, the property had already been demolished.

 

12. I have not received the claim form thus do not know what the claim is about without having sight of the claim form, therefore, I require them to re-serve the claim form together with serving all documents mentioned in the claim form as set out in the attached draft order.

 

Other evidence submitted:

- Evidence of termination of tenancy from the house due to be demolished.

- Letter notifying creditor of change of address

- New tenancy agreement showing date of move to the new address.

- Photos of the house being demolished.

 

Please let me know your thoughts and example of schedule of costs which would be submitted post hearing for the claimant to pay the costs.

 

Thanks

[dx100uk]

you need a brief defence to the initial claim too

 

1.THE CLAIMANT CLAIMS THE SUM OF 13xxx.xx FOR DEBT AND INTEREST.

 

2.ON xx/xx/03 THE DEFENDANT ENTERED INTO AN AGREEMENT WITH LLOYDS FOR A CREDIT CARD UNDER REFERENCE xxxxxxxxxxxxxxxxxxxxx .

 

3.ON 30/11/09 THE DEFENDANT DEFAULTED ON THE AGREEMENT WITH AN OUTSTANDING BALANCE OF 13xxx.xx.

 

4.ON xx/xx/14 THE DEBT OF 13xxx.xx ASSIGNED TO AKTIV KAPITAL PORTFOLIO AS, OSLO ,ZUG BRANCH, WHO ITSELF ASSIGNED THE DEBT TO PRA GROUP ( UK ) LTD

 

5.ON xx/xx/14. NOTICES OF ASSIGNMENT WERE SENT TO THE DEFENDANT IN ACCORDANCE WITH S136 LAW OF PROPERTY ACT 1925. PAYMENTS OF 200.00 RECEIVED UP TO xx/xx/16

AND THE CLAIMANT CLAIMS

1. THE SUM OF 13xxx.xx

2. STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT ARATE OF 8.00% PER ANNUM FROM xx/x/16 TO xx/x/16 360.82 AND THEREAFTER AT A DAILY RATEOF x.xx UNTIL JUDGMENT OR SOONER PAYMENT.

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=ASSIGNED+TO+AKTIV+KAPITAL+PORTFOLIO+AS,+OSLO+,ZUG+BRANCH,+WHO+ITSELF+ASSIGNED+THE+DEBT+TO+PRA+GROUP+(+UK+)+LTD+&sa=Search+CAG#gsc.tab=0&gsc.q=ASSIGNED%20TO%20AKTIV%20KAPITAL%20PORTFOLIO%20AS%2C%20OSLO%20%2CZUG%20BRANCH%2C%20WHO%20ITSELF%20ASSIGNED%20THE%20DEBT%20TO%20PRA%20GROUP%20(%20UK%20)%20LTD&gsc.page=1

[zamlat]

Defence Points

 

 

• The debt has not been verified or confirmed. Firstly, the claimant need to confirm there was a credit agreement with Lloyds. The claimant statement - Stated a credit agreement was entered with Lloyds, No evidence of this has been provided.

 

• Strongly believe the claimant has deliberately issued claim form to non-existing address with a view to obtain default judgement unopposed, because there has not been any correspondence received from the claimant at any point before the judgement was issued, in a clear abuse of court process. Defendant had updated his address details on voters list and there is high likelihood that the claim form would have been returned because the post code had been pull out of service.

 

• If they can confirm the credit agreement was actually with Lloyds, evidence of deeds of assignment to claimant is required.

 

• Deeds of assignment from Lloyds to Aktiva

• Deed of assignment from Aktiva to PRA Group

• Evidence of default notice issued, to confirm the defaulted amount is required.

• No application was made for credit card in the first place, challenge the claimant to produce original application form for credit card.

 

• As a student there is no way my credit limit would have been £14K, the current account with Lloyds TSB at the time was a student current account.

 

• Evidence that credit limit is required to establish the defaulted amount stated by the claimant.

• Illegal charges e.g. solicitors fees, I have searched the database of SRA for PRA group as a registered solicitor, no result was found, yet they presented themselves as the solicitors on the claim form and charged solicitors fees illegally. See the attached evidence of the SRA search result.

 

Please let me know your thoughts guys, please kindly take your time to read before posting. thank you very much.

 

I just want to have some defence points in place just in case the judge ask for them??????

 

Although the set aside argument is fully based and reliant on CPR 13.2, which requires that the judgement must be set aside because of defective acknowledgement of service.

[dx100uk]

yes but you still need a defence for the original claim as the set aside if successful resets it

dunno why we have to keep explaining things to you again and again.

them not having paperwork is immaterial the CCJ trumps that.

 

you do not need a defence to set aside a default judgement

you have that reason, already and you told the OC the correct address and have proof.

that all you need

 

 

you are defending the claimform POC.

[zamlat]

yes but you still need a defence for the original claim as the set aside if successful resets it

dunno why we have to keep explaining things to you again and again.

them not having paperwork is immaterial the CCJ trumps that.

 

you do not need a defence to set aside a default judgement

you have that reason, already and you told the OC the correct address and have proof.

that all you need

 

you are defending the claim form POC.

 

I perfectly understood everything, i only got confused when you stated " you need a brief defence to the initial claim" in post 28 above.

 

Of course, I know clearly that I would need to defend the resubmitted claim post set aside. I guess you would have stated you will need to set out your defence post set aside, then it would be clear.

 

Anyway thanks for your help. I got it clearly now. I have already drafted my defence, which would be issued when I receive the new claim form. I will also post here for comments from members.

[dx100uk]

no good following Freemen of the land website twaddle re:deed of assignment etc.,,,don't state that

 

you paid the debt up till 2016 according to their poc

so its not even statute barred

 

just use the std holding defence in the threads of post 30

hope the judge accepts it.

but he could turn around and say the CCJ trumps the need for any paperwork.

[zamlat]

Also I need example of schedule of costs, do I need to have that ready so the claimant can pay ?

[dx100uk]

nope not dealt with at a set aside and its small claim? so no costs anyway?

[zamlat]

I need some examples of schedule of costs, do I need to have that ready to hand over to the judge so the claimant can pay, because they would be required to pay costs.

Can I have some examples please?

 

i have it in my draft order that the claimant pay the costs.

The fees to set aside and the time used to prepare defence WS, etc, and legal advice etc.

[dx100uk]

not at a set aside hearing?

 

if they re-apply the hearing for the CCJ - then under fast track rules you can.

[zamlat]

Mission accomplished good people! The judgement has been set aside and all costs awarded to the tune of over 500 pounds.

 

The judge commend my research and praised the quality of my WS and evidence also the claimant solicitor congratulates me for a good fight.

 

I hereby thank every single person who have contributed to this thread and have submitted one thing or the other.

 

The battle has just begin though because, my draft order requires them to re-submit the claim form within 12 days of judgement today. I need to have my defense fine tuned prior to receiving it. I have already drafted one which is available for review.

 

not at a set aside hearing?

if they re-apply the hearing for the CCJ - then under fast track rules you can?.

 

You are wrong on this,

I know clearly that costs can be awarded,

I was able to obtain the schedule of costs elsewhere,

and was awarded my full costs,

in fact DJ asked me if I have an invoice from a solicitor also,

which I said I am only billing for my time used in researching my defense,

N244 application fees,

time used to draft my WS,

and draft orders,

including my costs for postage and photocopies were also awarded.

 

I would suggest that people without clear knowledge should refrain from posting on this forum because this one post from dx100uk, would have cost me over 500 pounds in recovered costs,

if I was not able to present my schedule of costs when asked by the DJ.

 

I will politely request that dx100uk refrain from posting on this thread.

I appreciate his/her understanding in this matter.

 

I have not benefited abit from his posts only confusions,

I will like someone who has patience to read posts properly before commenting and have relevant knowledge before posting.

 

I have not relied on one source for my research so I know when someone is posting for the sake of posting.

 

Some people just come here to post and have fun,

this case is a serious matter,

people come here looking for genuine information and assistance,

if you dont know it better to just keep your fingers away from the keyboard and let someone else with good knowledge and experience help.

 

Once again dx100uk kindly stop posting on this thread. while i progress on my full defense.

Thank you.

 

nope not dealt with at a set aside and its small claim so no costs anyway?

 

This is wrong, costs can be awarded to the winning side. I have proven it today.

[kafkabee]

Hi, did you have to use the form N260 Statement of Costs in order to claim your costs?

[zamlat]

Hi, did you have to use the form N260 Statement of Costs in order to claim your costs?

 

No I didnt use that form, it was a basic word doc form, which i obtained from another forum.

 

IN THE COUNTY COURT AT xxxxxxxxxxxx Claim No:

 

BETWEEN

 

NAME

xxxxxxx

and

 

NAME

xxxxxxxx

 

 

 

 

DEFENDANT’S SCHEDULE OF COSTS

 

 

 

 

The defendant seeks costs which has resulted in the defense of this default judgement.

The costs below are based upon the hourly rates set out in The Litigants in Person (Costs and Expenses) Act 1975 (as amended). The current hourly rate for a Litigant in Person is £19.

 

Item Description Hours spent Costs

 

1 Legal research 5 xxxx

2 Witness Statement 2.5 xxxx

3 Drafting of Draft Order 0.5 xxxx

4 N244 Application fee xxxx

5 Administration costs e.g. photocopying, postage etc. xxxx

 

 

Total Costs: £xxxxx

 

Each hour is worth 19 pounds.

[kafkabee]

Very helpful, thanks. And congratulations!

[zamlat]

why is this forum so dry?