PRA claimform - old EGG now BC card debt ***Claim Discontinued***

[Steve.H]

Can anyone recommend a solicitor I can use for this kind of thin?

[dx100uk]

really..well 3 you've read have the defence like post 51 here.

https://www.consumeractiongroup.co.uk/forum/showthread.php?487452-Lowell-Claim-form-RBS-Credit-Card-***Claim-Dismissed***

 

use the search CAG box of the top red toolbar

claimform card PRA

 

or copy and paste the line of their poc you cant find a reply for in the box too.

[dx100uk]

you don't need a solicitor and no we don't recommend

last count there were over 1500+ claimform threads here..not one needed a solicitor at all

its only a speculative claim designed to make you wet yourself and cough up.

[Steve.H]

Is this defence ok :

 

After suffering a serious life threatening brain injury in 2010

which left me unable to work and I have very bad memory problems.

 

1.The claimant claims the sum of £4793.79 for an outstanding debt owed.

 

2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

 

3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of £5041.31.

 

4.On 17/08/2015 the debt of £5041.31 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

Payments of £232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of £14.56.

 

5.AND THE CLAIMANT CLAIMS

1. The sum of £4793.79

 

 

The Defendant contends that the particulars of claim are 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.

 

1. Paragraph 1 is noted insofar as a contract relationship did once exist in the past. However I am unable to recall the precise details of the alleged agreement and any alleged outstanding

balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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 how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my to my CPR 31.14 and also my section 78 request and remain in default with regards this request.

 

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

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer credit Act 1974.

 

8. 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.

Edited January 20, 2019 by dx100uk
POC Added+ format

[dx100uk]

all looks ok

id revise your 1 too

 

Paragraph 1 is noted and accepted I have in the past had financial dealings with [Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

[Steve.H]

Thanks dx100uk I have submitted the defence see how it goes from here they may go down the tomlin order route, see what they come back with!

[dx100uk]

???

why would you agree to a tomlin order when they have not complied with your request????!!

[renegadeimp]

If they don't come up with the paperwork. They won't continue with the claim. It will just go dormant.

 

Why would you plan to pay them.when they don't even have the paperwork required to even go to court?

[Steve.H]

I will see what they come back with, when i submitted my defense I didn't include the top paragraph:

 

'The Defendant contends that the particulars of claim are 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.'

 

But it will not let me edit the defense on MCOL, I will have to ring them tomorrow will this make a big difference to the case?

 

Thx

[AndyOrch]

Dont worry about it...bit concerning though how you managed to not include it.

[Steve.H]

Hi Everyone,

 

My defence has been received by court and acknowledged on 21st of January and the PRA group have responded yesterday saying they are going to proceed with their claim.

 

They have sent me a copy of a letter that is the transfer of the debt in August 2015 that originates from BC and a letter from PRA same date time saying they have purchased the outstanding debt from BC and assignment.

 

Can they defend this with no CCA and not even knowing the original creditor ?

 

Thanks

[renegadeimp]

Not a chance. Theyre hoping you dont realise and buckle.

[Steve.H]

So when it goes to court can I claim not knowing the debt as defense but this could be a ploy and they produce CCA on the day but I would of thought they would have produced something more concrete in defense by now?

[renegadeimp]

I very much doubt it will ever get there tbh. And if it does, theyre likely not to show up. Theyll prob cry for mediation, try and offer an out of court settlement to get something, and either not attend court, or let it go quiet so they get a stay

[renegadeimp]

And they wont produce it on the day. Barclaycard likely wont have it, or it will be archived and take them an eternity to find it on microfilm. PRA wont care though. They just want money.

 

Remember, as far as they know, its a barclaycard. They have no idea its an egg card, so keep that close to your chest until its time to bring it into the open.

[Steve.H]

Thanks for help, should I cancel the DD to them?

[dx100uk]

yes they've failed the CCA now?

[Steve.H]

I have cancelled the DD, I have also received a letter stating PRA are going to continue with their claim so I rang MCOL and its £100 to change the defense to add the top paragraph I missed and they said it would go to mediation or it will be transferred to a CC in my town!

[dx100uk]

correct all std practice

time to read like threads upon what might be next.

[Steve.H]

Got a letter today :

 

Take notice that:

 

1, this is now a defended claim

the defendant has filed a defence, a copy enclosed (no)

2, it appears that this case is suitable for allocation to the small claims track.

if you beleive that this track is not the apparopriate track complete blah blah

3, respond by ............form n180

 

It looks like a mediation route is this a sign of surrender we don't have a defence so we won't to settle ? Thx peeps

[dx100uk]

its a std letter they send to the claimant informing them YOU have defended the case and what they have to do by XX date to progress the claim.

its copied to the defendant.

[Steve.H]

Thx Dx100uk

[dx100uk]

get reading other claimform threads

so you know what may come next in the process if they do progress it in the downtime between stages.

[AndyOrch]

Its a Notice of Allocation...you must complete the N180 and return it by the date stated......otherwise your defence may be struck out.

 

Andy

[Steve.H]

Cheers Andy,

 

I am away as my Mum's partner passed away and he whatsapped me the letter so didn't read it properly and it wasn't the best images, I have had a look at other threads and they will probably go for the fact I have been making payments since my head injury and even made them an offer in March last year!

 

I settled with BC for my debt with them 3 years ago so I can play dumb and say I don't recognise the debt due to my memory issues as the judge may say that making payments is admission of the debt etc ?