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PRA Claimform - Old Halifax OD.


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Hi,

 

I have received a Court Claim form from PRA Group for a debt from Halifax for an overdraft back in 2016 when I became unemployed due to medical mental illness.

 

I was aware of the debt but I ignored any communication from PRA.

They sent me statements via mail & I was constantly receiving emails that if I paid £930 they could close the account.

 

To be honest I was tempted to pay this as it was a substantial deduction compared to the actual amount of £2690.

But after quickly reading info online from various credit forums if they were offering a low settlement figure that there's a high chance that the debt is probably unenforceable anyway & ignore. And to be honest I would have had to borrow the money anyway from a family member due to my financial position as my only income is ESA benefits

 

I decided not to pay anything & ignore.

And as this defaulted in Feb 2016 and no contact/payment has been made since Feb 2016.

The default shows on my credit file as a default in PRA Groups name as they are the DCA & it was transferred to them June 2018

 

I did receive a letter before the claim stating they intend to take litigation action but i just ignored it just like other correspondence from them thinking it was just a threat to get me to contact them.

 

I have a basic understanding of the whole CCJ / court system but I am aware the creditor does need to provide a CCA and usually this is the first thing to request, but as this is an overdraft they dont need to provide the CCA.

 

I'm just looking for some general advice or is this just a case of accepting the claim & being hit with a CCJ? 

Part of me wishes now I paid the £930 as apart from one other CCJ due to drop off next year and another minor default (which was wiped anyway by another DCA due to my health situation) my credit file surprisingly was improving. 

 

Any advice appreciated.

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Sorry I have just read some forum guidelines - addition info:

 

Name of the Claimant ? PRA Group Ltd

 

Date of issue – 8th September 2020

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1.The claimant claims the sum of £2684.64 for an outstanding debt owed.

 

2.On the 10/08.2002 the Defendant entered into an agreement with Llyods Bank Plc for an overdraft account under ref XXXXXX

 

3.On the 10/02/2016 the defendant defaulted on the agreement with an outstanding balance of £2684.64.

 

4.On 26/06/2018 the debt of £2684.64 was assigned to PRA Group (UK) Ltd. NOtices of assignments were sent to the Defendant in accordance with S136 Law of Property Act 1925

 

5.AND THE CLAIMANT CLAIMS

1. The sum of £2684.64

 

What is the total value of the claim?

£2869.64

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

  

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes - Overdraft

 

When did you enter into the original agreement before or after April 2007 ? Before (2002)

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Letter, could of been in branch - unsure

 

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

 

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. DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes - As far as I'm aware 

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure, I think so

 

Why did you cease payments? Made unemployed due to mental illness

 

What was the date of your last payment?  Approx Oct 2015

 

Was there a dispute with the original creditor that remains unresolved?  No

 

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

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Hi and Welcome to the forum I have Moved your topic to Financial Legal Issues Forum.

 

Andy

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

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  • dx100uk changed the title to PRA Claimform - Old Halifax OD.

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time

[you MUST file a defence regardless by day 33 ]
 click thru to the end
 confirm and exit MCOL.
..
..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
..

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
..
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 [1 in the count]
............

 

there are 100's of 'OD Claimform' threads here.

use our enhanced google search box for the above

 

 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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