Claim re Provident

[mkb]

Name of the Claimant ?PRA Group (UK) Limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 26/10/2018

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 28/11/2018

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

The Claimant claims the sum of £425 for an outstanding debt owed. On 11/06/09 the Defendant entered into an agreement with Provident Personal Credit Limited for a Bank Loan under reference *********. On 4/11/2013 the Defendant defaulted on the agreement with an outstanding balance of £430. On 26/08/2014 the debt of £420 was assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) LTD on 31/12/2014. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. Adjustments have been made in the sum of £0.40 AND THE CLAIMANT CLAIMS 1. The sum of £425

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

2 identical letters were sent claiming to be "Letter before Claim as required by the Practice Direction on Pre-Action Conduct & Protocols contained in the Civil Procedure Rules"

The first of these letters was dated March 2018 & the second in September 2018.

 

What is the total value of the claim? £510, incl court fees & legal fees

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Doorstep loan - not a Bank Loan as claimed in the POC

 

When did you enter into the original agreement before or after April 2007 ? 2009

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

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. Original creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No memory of such but as sent back to OC, prob not applicable

 

Did you receive a Default Notice from the original creditor? No letters marked Default

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Had to give up work to become full time carer for disabled wife.

 

What was the date of your last payment? Not sure

 

Was there a dispute with the original creditor that remains unresolved? No but seeing as OC has already obtained CCJ's for 2 other loan a/c's, it seems particularly odd that they have come for such a small amount & after such a long time.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement Posted 30/10/18

 

 

 

 

=======================================================

 

Hi, a dear friend has asked me to help him as he got court papers this morning & he's in a panic. He doesn't have access to computer or scanner so everything will be uploaded/discussed via myself.

 

Since 2017, the only paperwork received has been:

 

1. Account summary, dated January 2018 and letter marked "not a demand for payment"

2. LBC dated March 2018 incl account summary

3. Letter marked "Not a demand for payment" incl letter offering to accept reduced sum in full payment

3. LBC again dated September 2018 incl account summary

4. N1 claim

 

There is no paperwork saved before Jan 2017 so a CPR 31.14 request for the original agreement, assignment & reassignment letters as well as the default notice will be posted tomorrow.

 

His only income is Income Support and Carer's allowance & he already has 3 CCJ's of which 2 are to PRA re Provident which they secured in Feb 2017. He pays each of them at £5 per month.

 

In view of the fact that their paperwork doesn't appear to be in order, I wondered if he had a chance of successfully defending the claim. Your opinions would be helpful.

 

I have uploaded all the documentation. Interestingly, every piece of paperwork has his correct address on it apart from the September LBC & the actual N1 claim ! Ok, so it's only the last letter of the postcode they got wrong but it strikes me as odd that it's been right up until now - my cynicism alarm bells rang when I noticed it, lol

[mkb]

Just been on the phone to him & he doesn't think he's paid anything toward this debt since 2010 so it seems to me that they are out of time & the debt should be SB. Since a SAR would take him over the 33 day limit, what can he do ?

[dx100uk]

go ring provi and ask last payment date

 

if its outside of 6yrs then file our SB defence.

 

find out 1st

 

 

urm..PRA group doing a provi doorstep loan claim..thats unusual.

 

dx

[mkb]

Thanks DX

 

Been reading the SB defence letter to DCAs. Should he use the same letter to the OC via the N1 ? Is there anything else he needs to do in the meantime other than to ask for CCA & CPR 31.14 ?

[dx100uk]

nothing to with the letter no

and CCA/CPR is pretty immaterial if the debt is SB as it doesn't really matter what they hold unless theres a statement of account that they try and prove its not SB'd.

 

get the info first from provi.

 

did not the existing paperwork he says he has give a clue

nor his credit file?

 

one quick phonecall is all that's needed.

[mkb]

I'll tell him to ring Prov in the morning. He doesn't have any paperwork earlier than 2017 - he says he binned most of the letters. He feels fairly sure he hasn't paid anything since giving up work in 2010 but can't prove it. I'll get him to check his credit file when he gets round here in the morning. Hopefully it's SB & all this can then go away.

[mkb]

Credit file shows nothing other than below

 

Interesting to see two Defaults were recorded yet no letters of Default have been received.

 

He rang PRA to ask for last payment date.

They said there was a payment on 12/06/2014 for 39 pence but that there had also been payments of £2 also in 2014.

He got them to email me a copy of the payment schedule from 2011 showing erratic payments of sums he has no recollection of making.

 

He acknowledges he was trying to make payment but categorically denies making payments of 39p a month at any time.

I guess since he admits to making the £2 payments, there's no denying the debt nor is it SB.

 

He asked for the initial loan balance but nobody appears to have that information.

 

I'm stuck for ideas now so please, any and all help is welcome

 

Ultimately if he has to accept a CCJ,

it'll be another £5pm on account of his limited income.

Edited October 31, 2018 by dx100uk
spacing

[dx100uk]

yo were told to get him to ring provident NOT the fleecers.

 

now go do it please.

 

the fleecers will say anything.

 

these £2 payments..who did he make them too and HOW?

[mkb]

He's gone back home to get his wife up & dressed but he remembers making the £2 payments by standing order years ago. He has absolutely no recollection of any 39p payments ! He won't phone from his house because he doesn't want his wife getting stressed but he'll be able to phone when he comes back round to me.

 

He's going to ask his bank for copies of his bank statements for the period 2012 - 2015 so he'll be able to confirm/deny with evidence.

[dx100uk]

ok well if he did pay then sb is out the windows.

but it worries me he already has 3 CCJ's and they could easily claim payments from those to this account on their system which is why he needs to phone provident and find out if he paid them on THIS Account

do not trust anything a fleecer says or sends you on their headed paper from their system.

if I were to be honest I think all the CCJ's are suspect.

I gather he simply didn't defend any of them.??

 

he should NOT ever be phoning the fleecers or their dogs!!

 

this looks like he had numerous consecutive doorstep loans the next refinancing the previous and he could well do an irresponsible lending claim again the lot and get them wiped and get money back .

provident have been severely punished by the authorities over these loans of recent ...10'000 of people have gotten moneyback and provi are in dire straights financially over it.

 

 

so lets treat this as a std claimform then:

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

…

 

ENSURE HE UPDATES MCOL WITH HIS CORRECT ADDRESS

[mkb]

Thanks again, DX

 

CCA & CPR requests posted today. Told him to get proof of posting & send first class.

 

Will do MCOL when he comes back.

 

If I'm honest, he probably wouldn't have the fight for an irresponsible lending case.

 

I mentioned a DRO to him & he seemed quite interested in that - it would take the pressure off him but I made sure he knows he has to deal with this first.

[dx100uk]

no real point unless he is swimming in other debt, it wont remove the ccj's that are there.