PRA PAPLOC now Court Claim - HBOS Credit Card debt ***Claim Struck Out***

[AndyOrch]

 

[dagboyblue]

Hi 

 

hope everyone is still keeping well 

 

Just received Notice of Allocation to the small Claims Track 

 

They are advising the hearing will be on 27th October 2020 at 10am via "BT Meet me"

 

The Claiment PRA Group have until 29th Sep 2020 to pay the court fee 

 

Are there any stickies on this part of the process as I could not find anything i.e. wait for confirmation on court fees being paid before I send my defence ?

 

I have all I need from the forum and research on submitting the defence (I will show on this forum before I take any action)but cant see anything on the timing with regards to court fees?

 

Thanks again for your help

 

  

[dx100uk]

you mean witness statement.

 

as advised atleast 3 times already

 

donr forget ....use our enhanced google search box.

 

witness statement claimform card

 

 

[AndyOrch]

Have you been given a date to file a serve /exchange statements/documents. Or is it the normal 14 days pre hearing ?

 

Andy

[dagboyblue]

Hi Andy sorry for the late reply I didn't get the notification as usual.

 

yes its 14 days pre hearing

 

thanks

Edited June 17, 2020 by dagboyblue

[dx100uk]

f the fleecers pay the fee

they will prob discontinue at the last minute to save money.

as they tend to be losing quite regularly on these old card debts.

dx

 

[AndyOrch]

Plenty of time to prepare then....have a look at some similar threads and how others have prepared....don't leave it until Sept

[dagboyblue]

won't be waiting  

 

already started my research up again and found some good comparable cases, so will be drafting the witness statement soon.

 

will update as soon as I have something

 

thanks again dx and Andy

 

[dagboyblue]

1st Draft - reviewed several statements 

 

I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated 

 

In The *******County Court

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

Between **********Claimant

and

*************** Defendant

 

 

I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. 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 purchase’s 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.

 

3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.

 

4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.

  

7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:

 

·         A copy of the Default Notice

·         A copy of the Notice of assignment

·         A complete set of statements detailing exactly how the debt has accrued detailing

·         All transactions

·        Any additional charges applied since the account was terminated

·         A statement  of all payments received.

 

The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.

  

 

8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.

  

9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:

 

·            Default Notice

·            Full statement of account

 

 

The claimant to date has failed to comply and disclose the default notice.

 

Conclusion

 

To date no Default Notice has been produced.

  

The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.

 

Mediation confirmed that the claimant could not produce the Default notice document 

 

Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.

 

 I **********, the defendant, believe that the facts stated in the witness statement are true.

 

 

Signed………………………….

Dated……………………………

 

 

[AndyOrch]

I take it you have yet to receive PRAs statement ?

[dagboyblue]

Hi

 

no nothing, doubt I will until they pay the fees

Edited July 8, 2020 by dagboyblue

[dagboyblue]

Hi Andy / DX

I called the court today to confirm if Trial fees have been paid - They checked their various systems and could not find any payment for the trial, so advised this would go back to the Judge and likely it will be struck out.

 

The previous Notice of Allocation I received in June confirmed that PRA have until the 29th Sep to pay the Fees, if not paid it would be struck out.

 

I assume I just have to wait and see what PRA's next move is 

 

again, thanks for you help

[AndyOrch]

Yes but in the meantime you must still file your statement and evidence on time.

[dagboyblue]

Ok Thanks 

 

so i will revert to my draft in Post #84 from June, does it look ok ?

 

I can then get this is the post early next week - should i still send PRA a copy?

 

 

[AndyOrch]

Looks okay...given that the claimant has not served theirs on you so you dont know what points they will be relying on.

 

You have to serve a copy on PRA SOlicitors.....its stated in the court directions.

[dagboyblue]

OK thanks will get i completed and sent over to the court and PRA on Monday 

[BStealth]

Good luck @dagboyblue, PRA leave me VM's daily regarding a 3k debt and have done for the past 4/5 years! Keen to see how you get on.

[AndyOrch]

Statement of truth has recently been modified pursuant to CPR  PD 22

 

" I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. "

[dagboyblue]

27 minutes ago, BStealth said:

Good luck @dagboyblue, PRA leave me VM's daily regarding a 3k debt and have done for the past 4/5 years! Keen to see how you get on.

Thanks i am sure this will be dragged out for a few more months considering they haven't paid the fees

[dagboyblue]

25 minutes ago, Andyorch said:

Statement of truth has recently been modified pursuant to CPR  PD 22

 

" I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. "

thanks 

[dagboyblue]

Just received this email from the court

 

I can confirm that, due to the hearing fee not having been paid by the required deadline, the case has been struck out without further order, in accordance with the allocation order dated 15^th June 2020.

 

I assume I just wait for PRA next move?

[dx100uk]

no you WON..... you now ignore them.

 

[dagboyblue]

51 minutes ago, dx100uk said:

no you WON..... you now ignore them.

 

nice bit of news for once, thanks again

 

I will send a donation over and keep you updated

[dx100uk]