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dagboyblue

PRA PAPLOC now Court Claim - HBOS Credit Card debt

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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

 

  

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you mean witness statement.

 

as advised atleast 3 times already

 

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

 

witness statement claimform card

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Posted (edited)

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

 

yes its 14 days pre hearing

 

thanks

Edited by dagboyblue

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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

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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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

 

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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……………………………

 

 

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I take it you have yet to receive PRAs statement ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Posted (edited)

Hi

 

no nothing, doubt I will until they pay the fees

Edited by dagboyblue

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