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dagboyblue

PRA Group HBOS Credit Card debt PAPLOC now Court Claim

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Hi 

 

I sent the CPR31.14 Request early last week and have not yet received a response 

 

should i give them more time before adding my defence to the claim, i am aware i need to add the defence even if i haven't received a response. 

 

just wondered if it is worth waiting 

 

Thanks

Edited by dagboyblue

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no been reading up then?

don't file early no need

 

post up your defence 1st here mind


..

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yes

 

I set myself a limit of the end of this week (6th Dec) before submitting the defence. Just wondered if there was any view on how late i should leave it . just wanted to see if they could produce what i have requested in the CPR form before submitting.

 

thanks again for your time 

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filing just before when due does not hurt you.


..

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Hi 

this is my first draft for the defence to be added to the claim this week 

 

The Claim –

 

1.The Claimant claims the sum of £6605 for an outstanding debt owed.

2.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB BankPLC for a credit card under ref xxxxxxxxxx.

3.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864.

4,On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.

5.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

6.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18

 

 

In respect to paragraph 1, the defendant does not admit the allegation because

a. The claimant has failed to respond to a number of CCA information requests in full.

b. The claimant has been unable to provide the original creditor default notice

c. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued detailing: All Transactions. From 2006 to 2016

 

d. A CPR31.14 requesting the Default Notice and Full statement was sent to the claimant on 25/11/2019 and has not been responded to.

 

In respect to paragraph 2, the defendant admits the allegation.

 

In respect to paragraph 3, the defendant does not admit the allegations because:

 

a. The claimant has not provided the original creditor default notice.

 

In respect to paragraph 4, the defendant admits the allegation.

 

In respect to paragraph 5, the defendant admits the allegation.

 

In respect to paragraph 6, the defendant admits the allegation.

 

 

 

Im a little worried about the parts where I admit the allegation - is this the correct type of response? As i see it they have provided the correct information for these elements of the claim 

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No.....too specific and not CPR compliant...stick to the tried and tested.

 

Andy


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ok thanks

 

ive tried to find example of the tried and tested but cant find anything through the stickies?

 

as per the claim form it advises i should respond to each allegation, so I have amended to make this less specific - 

 

In respect to paragraph 1, the defendant does not admit the allegation because

a. The claimant has been unable to provide the original creditor default notice

b. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued 

 

In respect to paragraph 2, the defendant admits the allegation.

 

In respect to paragraph 3, the defendant does not admit the allegations because:

 a. The claimant has not provided the original creditor default notice.

 

In respect to paragraph 4, the defendant admits the allegation.

 

In respect to paragraph 5, the defendant admits the allegation.

 

In respect to paragraph 6, the defendant admits the allegation.

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use the custom google search box on cag that comes up after hitting our squares logo up top

 

claimform card

 

dx


..

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There are no stickies on defences.....you will find them here:-

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/


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Hopefully I am going in the right direction now 

 

The Claim –

 

1.The Claimant claims the sum of £6605 for an outstanding debt owed.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB Bank PLC for a credit card under ref xxxxxxxxxx.

2.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864.

3.On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

4.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18

 

 

The Defence 

 

1. 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.

 

2. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with Lloyds TSB Bank PLC. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim.

 

The Defendant has sought clarification by way of a CPR 31.14 by signed delivery dated 25/11/2019. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance.

 

3. Paragraph 2 is denied. I am not aware or ever received service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. 

 

4. Paragraph 3  is noted and accepted, the defendant has received copies of notice of assignments from the claimant.

  

The Claimant has failed to provide any evidence of balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:


(a) show how the Defendant has entered into an agreement; and
(b) show and evidence the nature of the breach and service of a valid default notice;
(c) show how the Defendant has reached the amount claimed for; and

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6. 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.
 

 

 

 

 

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A few tweaks and amended the numbering of the particulars to simply the response and fluidity.

 

Please check the above now.

 

Andy


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great thanks for the direction 

 

as the numbering has been tweaked on the claim should i also post that in this defence, or just go with the defence as per my response?

 

 

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I have already altered it.


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sorry think im confusing things 

 

so do I add the claim to the beginning of my defence - 

 

The Claim –

 

1.The Claimant claims the sum of £6605 for an outstanding debt owed.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB Bank PLC for a credit card under ref xxxxxxxxxx.

2.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864.

3.On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

4.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18

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No...thats for reference only so we can check that a response to all pleadings is within the defence.. 


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi

 

just a quick update, after filing my defence I received a letter from PRA advising they are in receipt of the defence and that they intend to proceed with the claim .

 

still no sign of a response to the CPR 

 

do i just wait it out?

 

thanks

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you should also be reading mostly any claimform threads in this same forum during the downtimes between stages so you know whats next and how to or not respond ...

you should also have received a letter from the court informing you of what the next process is??..yours is not the next move...….

 

 

dx

 


..

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Hi

Just another update, I received the Directions questionaire from the court and have followed the instructions on CAG for completing the form.

 

I plan to send a copy to the court and PRA today 

 

i have yet to receive the DQ from PRA 

 

thanks

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Hello there. I have been reading your thread and can point you to my thread that was a successful outcome with the mentioned DCA PRA

please have a read through, I am certain you will find enough information to help your own situation. A defence and witness statement are also there for you to look at.

In my case it never got to court, a letter of discontinuation was sent to me 2 weeks prior to the court date. 
it’s never to early to get started.

 

good luck

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