PRA PAPLOC Now Claimform - old Joint LLoyds OD account ***Claim Discontinued***

[benq]

Just been having a look through the SAR's for each of us.

Paragraph two of the Particulars of the Claim :

2. On 01/04/2012 the defendant entered into an agreement with Lloyd bank plc for an overdraft account under the reference X.

I've checked the original signed document in my wifes SAR and PRA have the incorrect date. Also the OD amount my wife and I applied for was only for £600.

Should I change my defence to:

2. Paragraph 2 is denied. The defendant is unaware of ever knowingly entering into an agreement with Lloyds bank plc for an overdraft account under the reference X on the date of 01/04/2012

 

[dx100uk]

never entered into an agreement nor agreed to an OD of this size.

[AndyOrch]

Requires a few amendments dont submit until I post a further draft.

 

Andy

[benq]

Thanks Andy, deadline is 11th October 16:00.

[AndyOrch]

Should have it with you tomorrow.

[AndyOrch]

For reference:

Particulars of the Claim:

1. The claimant claims the sum of £2300 for an outstanding debt owed.
2. On 01/04/2012 the defendant entered into an agreement with Lloyd bank plc for an overdraft account under the reference X.
3. On 01/04/2016 the defendant defaulted on the agreement with an outstanding balance of £2300.
4. On 01/06/2017 the debt of £2300 was assigned to PRA Group UK LTD. Notices of assignment were sent to the defendant in accordance with s136 law of property act 1925.
5. Payments of £20 were received up to 01/03/2019 and adjustments have been made in the sum of £3.

 

Defence

The Defendant contends that the particulars of the 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.

 

1. Paragraphs 1 & 2 are denied. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Lloyds Bank. It is denied that the Defendant entered into an agreement it is admitted that the defendant requested an overdraft facility which was capped at £600. 

 

2. Paragraph 3 is denied. Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges .

 

3. Paragraph 4 is denied. The Defendant is not aware of ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
 The claimant is also put to strict proof to:

 (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.
 (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.
 (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.
 (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
 (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

7. On receipt of this claim The Defendant requested documentation by way of a CPR 31.14 request dated x September 2019. The Claimant has declined to comply with this request.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

[benq]

Got a 'Notice or proposed allocation to the small claims track', I presume this is a good thing.

It's offering mediation as well.

[dx100uk]

should be reading up during downtimes.

search N180 

[AndyOrch]

 

[benq]

Can i put 2 witneses down?

[dx100uk]

why is it a joint account? and a joint claimform?

 

 

[benq]

Definitely a joint account. Not a joint claim form though.

We've put two down as my wife and i would go in to mediation, or a hearing together.

[dx100uk]

then its only 1 wit

nothing to do with your mrs

 

 

 

[benq]

the whole thing from PRA is in her name.

[dx100uk]

well the otherway around then.

 

dx

 

[AndyOrch]

You dont have to be a witness to support her at a hearing...but you wont be allowed to speak.

[benq]

Submitted the N180. They have now sent a letter requesting me to make an offer.

[dx100uk]

begging letter

[benq]

Gave my offer of 1.3k, which they rejected, and they came back with 2k. I've not responded as of yet.

On a separate note, mediation was all set, it looked like myself and PRA agreed to mediation, and a date was set. A chap rang me and confirmed the mediation appointment. The day came and I heard nothing. Just got a letter thru the door:

 

The small claims mediation team has arranged for your case to be transferred to a hearing centre as they were not able to arrange mediation at this time.

This claim has been transferred to the county court hearing centre below for allocation. On receipt, the file will be refereed to a procedural judge who will allocate the claim and track and give case management directions.

Details of the judges directions will be sent to you in a notice of allocation.

 

Does this mean PRA declined mediation? Does this mean its going straight to a court case?

[dx100uk]

why did you offer anything?

 

await the N157 now.

pra haven't a leg to stand on if you get reading up for your ws!!

 

dx

[benq]

How come mediation didn't take place though?

[dx100uk]

I think that's an advantage as you looked like you were going to give in...…..

[benq]

Just had word from the Mediation Service that 'one or more' parties failed to agree to mediation.

i know we definitely agreed, so it must be PRA that failed.

That will not look good to a judge at all, which improves our outlook somewhat considerably.

 

It was mentioned earlier, that I will not be allowed to speak at the court hearing.

Surely I must be allowed to talk, as the debt it legally in my name.

One of the points we will bring up is that the case has been brought against only my wife, and not the both of us.

 

Is it ever possible that we will have to pay more than the £2500 that PRA are claiming for?

 

Are there some good examples of what should be put into a witness statement?

[dx100uk]

there are lots of OD witness statements here.

as advised already.... always use our custom google search

but that's months away.

 

 

[benq]

We've got to give a witness statement 28 days before the final hearing. That 28 days ends next week.

Whats our defence? Most other cases where the defendant has won, are because the claimant hasn't given over a part of the paperwork (Notice of Assignment etc).

In our case, it looks like the Claimant has done everything correctly.