PRA/Brodies SPC Claimform - old LLoydsTsb Credit Card Debt ***Claim unilaterally abandoned by Claimant***

[highlands]

I am not sure if i am posting this correctly so apologies in advance if i am not.

 

In 2007  I handed over various debts to Compass debt counsellors, all paperwork was forwarded to them at their request and i no longer have any records.

 

At some point in 2015 i stopped hearing from Compass altogether and my payments stopped, later i discovered they had closed down, losing a sum of money they had put aside for settlements too.

 

Much to my surprise and relief none of my creditors contacted me apart from a statement of account for one of the larger debts which never contained any demand for payment.

 

On 05th november i was served claim forms by Sheriffs officers from PRA group and Brodies solicitors.

 

The claim relates to a credit card issued by LloydTsb  "on or about the 01st november 2000", payment was being made by Compass of £5.27 per month until "on or around Dec 29th".

 

I am unsure how to proceed, I cant really deny the debt as it looks like had been paying it in the past, should i use the section of the form to apply for time to pay?

 

The last response date is 06/01/2021.

 

Thanks in advance to anyone who can offer some advice on this.

 

 

 

[dx100uk]

please complete this:

 

 

[highlands]

name the issuing court: Inverness, The Inverness Justice Centre, Inverness, IV1 !ah

 

Who Is The Claimant: PRA(Group)UK Ltd, 15-17 Elmfield Road Bromley, Kent Br1 1LT

 

Who Are the Solicitors: Brodies LLP, 110 Queen Street, Glasgow, G1 3BX

 

What type of action? (Simple/Ordinary):Simple 

 

D1...What is the claim for –

 

On or about 1 November 2000 Lloyds TSB Bank plc entered into a credit agreement (herinafter referred to as "the agreement")with the respondent. A copy of the agreement will be produced. The respondent failed to maintain payment of the instalments due in terms of the Agreement.

 

On or around 13 april 2007, Lloyds TSB Bank Plc served a default Notice on the respondent.

The respondent failed to make payment in satisfaction of the Default Notice.

Lloyds TSB Bank Plc terminated the Agreement.

The balance outstanding in terms of the Agreement is £2.953.11 which is the sum sued for.

 

On or around 27 June 2013 Lloyds TSB Bank Plc's rights in terms of the agreement were assigned to the claimant. Notice of the assignation was intimated to the Respondent.

 

Since the termination of the Agreement, the Respondent has made payments to account in respect of the sums due.

At no time since the termination of the Agreement has there been a continuous period of five years in which the obligation to the Pursuer has not been relevantly acknowledged.

The Respondent last acknowledged the sums due and outstanding under and in terms of the agreement by making a payment of £5.27 on or around 29 December 2015.

 

The Respondent has been called upon to make payment of the sum sued for but has refused or at least delayed to do so. The action is accordingly necessary.

 

 [D4 BOX SPR FORM] or [Condescendence from Writ]

Date of Agreement:     1 November 2000

Unpaid balance:           £2,953.11

 

Balance is due under a credit card agreement which commenced with a nil balance.

 

date of raised claim [or court stamp date from writ or date from ] :- 2 november 2020

 

Last Date Of Service [or from form 07]:- 16/12/2020

 

Last Date For Response [or from form 07]:- 06/01/2021

 

What Documents are listed in Box E2:[or in your form requesting the same?]  1. Agreement

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Credit card.

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – 1 November 2000

Reference Number: – is this the original creditors account number? (y/n) , No number stated.

how many digits does it have? No number stated.
Unpaid balance: - £2,953.11

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

 

The claimant wants the court to order the respondent to pay the claimant the sum of TWO THOUSAND NINE HUNDRED AND FIFTY THREE POUNDS AND ELEVEN PENCE(£2953.11) STERLING with interest on the sum at  the rate of 8% per cent per annum from the date of citation until payment.

…..

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? Before 2007.

 

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.:- Assigned  and it is purchaser who has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot remember.

 

Did you receive a Default Notice from the original creditor? I cannot remember.

 

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

 

When was you last payment:-  Going by the citation it was around the 29 December 2015. 

 

Why did you cease payments:- Compass debt counsellors were managing my debts and went into liquidation. I was not contacted by creditors aside from one larger account who sent me statements of account for a while.

 

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

 

 

 

[dx100uk]

thank you.

 

nothing much to do yet bar a few background questions for the moment

you are in the info gathering stage

 

we know the scammers that ran compass well

can you just confirm its this lot please

https://www.gov.uk/government/news/directors-of-debt-management-company-disqualified-for-29-years

as going by previous info we have 

it extremely doubtful a payment was made in dec 2015

[highlands]

Yes, that is the same company, thanks for helping me with this.

[dx100uk]

i wonder if the administrator have AC details

you've loads of time to get an sar in for all the details

if this were statute barred (5yrs) the debt would not exist

 

there are loads of threads here on compass/RMR, most indicate payments stopped in 2014 what the firm went into liquidation  , i can find no other that tallies with dec 2015

[highlands]

Is the SAR request sent to LloydsTsb?

Am I correct in thinking if payment hasn’t been made to PRA by RMR in December 2015 it will be statute barred?

[dx100uk]

lloyds is no good

On or around 27 June 2013 Lloyds TSB Bank Plc's rights in terms of the agreement were assigned to the claimant. Notice of the assignation was intimated to the Respondent.

 

 

[highlands]

I think I mis understood the section I read about sar request. So it looks like I need to send a sar request to PRA to hopefully find out when they last received payment from RMR.

[dx100uk]

no i wouldnt trust a dca as far as i could kick them they LIE.

 

ideally you need to send an sar to administrators of compass 

if you use our search top right you might find the info upon who that is 

i haven't the time.

 

i believe someone else took their portfolio on too

[highlands]

Thanks a bit slow minded tonight, not done this sort of thing before. Wish I had found this site before I found Compass.

[dx100uk]

yep you wasted £1000's there sadly.

you paid for everyones drinks down the pub for years and probably a few staff holidays.

for them and the fleecing DCA's.

 

we have weeks yet so if you cant find things i prob can

just got a few things on 

the info will be out there.

 

 

 

 

[highlands]

The insolvency practitioners were AABRS     There are lots of links on google about compass. I will see if they can give me the info regarding last payments.

How the directors avoided jail is quite something, still I am where I am so best not dwell on it. Thanks again for your help, looking forward to a somewhat better nights sleep now.

[dx100uk]

yes have a ring around

ask them who might hold the data of old customers.

 

if my memory serves me correct i believe one of them was previously jailed for another company they ran some +15yrs earlier and did the same to customers with them.

 

 

[highlands]

Found a contact email for AABRS for RMR/Compass customers.

I have contacted them asking who may have records re my statements and payments.

Hopefully i will hear something back.

[dx100uk]

no harm in posting it here for others that might hit this same issue and read your thread.

 

well done!

 

dx

[highlands]

Contact email for AABRS for RMR/Compass clients : [email protected] 

[dx100uk]

[highlands]

Reply from AABRS

Dear Xxxx

 

We regret we are unable to assist. While we do have records they are of such quantity that researching the same for any information that may or may not assist would be prohibitively time consuming, costly and of no benefit to the liquidation estate. 
 

Doesn’t look too hopeful.

 

[dx100uk]

tough for them then.

 

email back and state.

 

please find attached a subject access request that by Law you are duty bound to respond too within 30days.

 

Compass failed to administer the money i PAID THEM  properly and i have no idea where it went.

This has resulted in one of my old debts within the useless DMP i had with them now being subject to a serious court claim against me.

 

My general research indicates Compass failed to pay any creditors of most of their customers months if not years before their demise.

This points me toward the debt now being extinquished under scottish law, however i need the information.

 

please be advised that should you fail to comply to my legal right, i shall have no alternative but to inform the sheriff of the court who will most likely deal with you directly as the need for this information is a very important part of my proposed defence.

 

...................

 

click SAR  for what to attach.

 

 

 

[highlands]

Thanks I will get onto it after work. Daft question but do I email the reply?

[dx100uk]

Line 2 above

[highlands]

Cheers, not paying attention properly.

 

SAR request now sent. I will update you as soon as they reply.

Thanks.

[dx100uk]

yes ideally so would i 

but where compass are concerned they would have received all the letters destined to you so might not have updated their records.

PRA will in the fullness of time have to produce everything they intend to rely upon should the claim get that far and ofcourse you'll be requesting all such when your form 4a goes in, but thats not for almost 2mts yet...

 

info gathering is the name of the game till then..

[highlands]

My last date for response is 6th of january according to the court papers. Will i have time ?

 

Ignore my last post, just having a minor bit of anxiety.