PRA Claimform - old Halifax overdraft ***Claim Discontinued***

[sparkydave]

Name of the Claimant ? PRA Group

 

Date of issue –  19/8/21

 

 

 

Particulars of Claim

 

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

 

1.The claimant claims the sum of £2940 for an outstanding debt owed.

 

2.On xx/xx/2009 the defendant entered into an agreement with Lloyds Bank PLC for an overdraft account with reference xxxxxxxxxxxxx.

 

3.On xx/xx/2017 the defendant defaulted on the agreement with an outstanding balance of £3,590.

 

4.On xx/xx/2020 the debt of £2940 was assigned to PRA group (UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925

 

AND THE CLAIMANT CLAIMS

1. The sum of £2940.00

 

What is the total value of the claim? £3135
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I don't know
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? I still have a bank account with the same bank, and I changed my address for that

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

 

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

Do you recall how you entered into the agreement...On line /In branch/By post ? online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't know
 

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 to PRA group, claim issued by them
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
 

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 ? Im not sure
 

Why did you cease payments? Became unemployed due to ill health
 

What was the date of your last payment? July 2017

 

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? Yes. An agreement was in place to pay £100 per month, which resulted in debt being reduced from £5300 to £3600. The bank then chose to end the agreement, and demanded payment in full. It was then transferred to collection team.

In October 2018, I received a letter stating that they had identified that I had not been treated correctly during the term of the overdraft, and they reduced the outstanding debt by approximately £600.

 

When I first requested the overdraft, I was not working, but in receipt of tax credits. I was able to subsequently increase my overdraft limit to about £5,000, with no affordability checks, and the fact that I was either not working, or in part time work. 

Im not sure if any if this helps?

 

I will send the CPR 31.14 Request tomorrow, by recorded delivery.

I have also acknowledged the claim on line using the MCOL service.

 

I am not sure what I need to do next?

Any advice will be gratefully received!

thank you

Edited August 23, 2021 by dx100uk
formatting

[dx100uk]

why don't you know if you got a letter of claim?

as the claim has come to the correct address and you say you updated halifax of the address, you should have received multiple notices from PRA group to date.

doesn't help them if they didn't issue a Letter of claim.

 

your best bet now is to use our enhanced google search box on this page and type in

 

PRA claimform Overdraft OD.

 

it's worthy to note there are no agreements with OD's so good luck producing that PRA.

i will guess your current running A/C is not the same A/C number quoted in the POC?

 

 

[sparkydave]

Hi. Thanks for your advice. I have had various letters from PRA, but I’m not sure if any of them were a letter of claim. My 31.14 request sent by recorded delivery has now been received by them.

The current account with the OD was closed by halifax, but I still have another current account with the same branch. 
What happens now, can I expect a response from PRA? 
thanks again 

[dx100uk]

Defence by day 33 dont miss it whatever!!

[sparkydave]

Hi,

thanks again. 
What is my defence? Is there a particular way I need to word it, is there examples on here? I have searched like you said, but can’t find what I’m looking for!

[dx100uk]

On 23/08/2021 at 21:19, dx100uk said:

best bet now is to use our enhanced google search box on this page and t claimform

 

claimform Overdraft OD.

1000 here

[Andyorch]

Any updates Sparky ?

[sparkydave]

Defence submitted, and acknowledged by court. No documents received from PRA, although letter received exposing that they are trying to get them

[Andyorch]

Excellent so now your waiting to see if they wish to proceed or whether the claim becomes stayed.

[sparkydave]

Looks that way! They have 28 days to respond, presumably they need to produce the requested documentation? 

[dx100uk]

no.

 

next stage is DQ N180 if they wish to continue.

 

they'll huff and bluster right through till they HAVE to produce exhibits they intend rely upon in their witness statement. if it gets that far.

 

time to get reading up 

read  good few claimform threads in this forum.

 

dx

[Andyorch]

16 minutes ago, sparkydave said:

Looks that way! They have 28 days to respond, presumably they need to produce the requested documentation? 

Invariably never.....but if they wish to proceed the court will order them to.

[sparkydave]

So today I received a letter from PRA stating they have informed the court they intend to continue with the claim. Is that normal? 

[Andyorch]

Yes.....but not final until the claim has been allocated and they have to pay the hearing fee.

 

 

 

.

[sparkydave]

Hi everyone. 

I received the DQ questionnaire, which I filled in and sent off. The claimant did not, and was ordered by the court to do so within seven days. I received their questionnaire by post on day 6.

 

I have still not received the requested documentation, as my 31.14 request. I indicated that I do not wish to use the mediation service ( I insist I do not owe them money, they insist I do, so I cannot see the point of Mediation)

 

On the claimants DQ form, they indicated they would by happy to mediate.

 

Can anyone tell me what is likely to happen next?

does it normally go this far?

 

Is there a case to answer, when they still have not provided the requested documentation? 

 

Thank you in advance!!

[Andyorch]

They don't have to disclose any documents until after allocation...wait until you get your Notice of Allocation N157

 

Andy

[sparkydave]

Today I received the notice of allocation.

Still no documents proving I owe them any money.

 

Can anyone tell me what happens next please?

 

[dx100uk]

good. as andy pointed too....

so witness statement time ,

when's the hearing?

when have they gotta pay the fee by?

when have you both gotta exchange WS's with evidence/exhibits?

[sparkydave]

Sorry, it looks like i've made a mistake. The letter I received today says that my case has been transferred to a county court hearing centre for allocation. Is that the same thing? There is no mention yet of fees, hearing dates or WS.  Thanks again for all your help

 

[dx100uk]

no its not...await allocation from your selected local court then...

AND GET READING UP just about any OD Claimform threads here (atleast 25!!)

 

get upto speed upon what is to come

how to react

and what to do.

 

 

[sparkydave]

Hi,

I cant seem to find any OD claim threads - can you post a link please? when I click on the claim form thread in your post, it just takes me to an old claim thread which was closed ages ago. Thanks

 

[dx100uk]

Programmable Search Engine

CSE.GOOGLE.COM

^^clickme 

 

the court process is the same for any claimform thread here too

 

as i said earlier use our enhanced google search box

[dx100uk]

On 23/08/2021 at 21:19, dx100uk said:

your best bet now is to use our enhanced google search box on this page and type in

 

PRA claimform Overdraft OD.

 

 

[sparkydave]

so... an update. Today, I received a letter from my local county court, saying the judge has noticed that my defence is incomplete; it only contains one page. I have checked, and my complete defence was filed using MCOL, and it is all there. 

The court is asking me to send them a copy; what should I do? I have no copy, I can only access it online. Surely, if its complete on there, the judge should have it? any ideas?

thanks in advance !!!

[dx100uk]

Eh?

So you have received an n157 yet 

With a date.

 

your defence is in the thread you nicked it from? send that