PRA Claimform - old Newday Marbles Credit Card Debt

[Stripeycat]

Various issues took eyes of the ball regarding debts, have now received a claim form. 

New Day - PRA Group. 

I'm struggling to upload a redacted copy of claim form, but will sort. 

I have drafted a letter and got £1.00 postal order to request a copy of Copy Credit Agreement, is there anything else I can do. 

Thanks in advance. 

Edited March 2 by dx100uk
links removed

[dx100uk]

i  have update the thread title

please copy and paste the Q&A to a msg box here

also please use PDF and UPLOAD not use online sites like onedrive as that has all your personal details showing and you dont want pra finding you here nor you harvesting our pers details

links removed from post 1

[Stripeycat]

Name of the Claimant ?  PRA Group UK Portfolios LTD

Date of issue ? 22nd February 2024

How many defendant's  joint or self ?  Self

What is the claim for – 

1.The claimant claims the sum of £5300 for the outstanding debt owed.

2.On 16/11/2021 the defendant entered into an agreement with NewDay Ltd for a credit card under reference (19 numbers).

3.On  25/05/2023 the Defendant defaulted on the agreement with an outstanding balance of £5300.

4.On 21/06/2023 the debt of £5300 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd

5.0n 30/12/2023.Notices of assignment were sent to the Defendant in accordance with S136 Law and Property Act 1925.

6.The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf

AND THE CLAIMANT CLAIMS 1. The sum of £5300

What is the total value of the claim?  £5800 (Inc court fee and legal representatives costs of£100)

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Had a letter before claim dated 27th November, told to respond before 01/01/2024 

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

Did you inform the claimant of your change of address? N/A

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

When did you enter into the original agreement before or after April 2007 ? 16/11/2021

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...) ?  Showing as defaulted

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

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. debt Purchaser

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes had one dates 23rd April 2023 

Why did you cease payments? Couldn’t afford them due to interest increase, cost of living and loss of income from self employment

What was the date of your last payment? 7th February 2023

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? Contacted MBNA my largest debt initially after they had increased the interest on my account to such a level that I couldn’t afford to pay it, they referred me onto PayPlan started the application contacted all my creditors to tell them I was sorting out an IVA. Did some further  research and came across this site and was advised to do own payment plan

 

Anyone ? 

[AndyOrch]

Tells you every stage of the process in the link you have already completed. Come back when you are ready to submit your defence.

 

 

[dx100uk]

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
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/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

[Stripeycat]

Thank you. 

Requested a CCA today and completed the acknowledgement of acknowledgement of service.

Will the CPR  31:14 tomorrow. 

[Stripeycat]

Documents finally arrived today from PRA group. 

New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature. 

This debt is not too old, so possible this is the true copy of agreement ? 

Not sure what my defence would be beyond irresponsible lending. 

[dx100uk]

you need to urgently test if MCOL will allow you to file a defence on this one too..

[Stripeycat]

It letting me input text onto the defence section ? 

I am aware I have messed up here, but both claims only arrived at the end of February. 

I might add I've also noticed when i've been copying and redacting info from this documents that the credit agreement that looks like its been printed directly from a computer screen has (starts at page 15) the date April 2021 at the bottom of every page . The credit agreement was taken out on November  2021. 

It also says personal info has been removed on it and that info is in the welcome letter,

there is another credit agreement with my name, address and IP as signature on it, not sure if that counts as the welcome letter ?

Postal order payment was returned for CCA request for New Day.

Copy of letter 

Request for information New Day.pdf

[dx100uk]

please dont use hosting sites that want/harvest email/pers details.

ive removed it.

upload the PDF here 

you need to get on done TODAY and file a defence by 4pm.., we can give that but we need the PDf of what they have sent.

[Stripeycat]

 there's 57 pages for new day 

2024-03-27 PRA Newday Claim Docs.pdf

I have just filed a defence as a no CCA agreement provided etc, copied from your site ,the defence is in before 4:00pm.

I've got no idea if what they have sent is a genuine copy of a CCA agreement for this account, even if it isn't hopefully it will buy me some time to negotiate a payment with them and stop the CCJ

This defence is filed and served without prejudice.....etc 

 

[dx100uk]

hope you didnt file that..

its from 2009 and a very old and useless utter twaddle embarrassed defence.

use one from THIS YEAR OR LAST...100's here.

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

also i dont know how you are doing you PDF's but they are huge!!

scan each page as a JPG picture

redact it

then use THE SITE LISTED IN UPLOAD

to convet jpg to PDF

then use the PDFmerge website.

dx

 

[Stripeycat]

The free pdfcompressor is really buggy on my computer, it keeps telling me to download McAfee software. I had to unistall it to get rid of the prompt ? 

I was using Adobe to compress the files before, obviously not very successfully. 

I have rescanned the documents. 

2 separate ones, 

1. Has the letters, default notices in it. Named.

2. Has copies of the credit agreements they have sent me. Named

 

 

New Day Letters Default etc-compressed.pdf Copies of Credit Agreements Received-compressed.pdf

[dx100uk]

which is why we say and list those online sites , you dont need to download anything!!

so you've filed that useless defence?

dx

 

[Stripeycat]

Yes I have because I thought any defence is better than none. Is there away i can retract it,  emailing them ? 

 

[dx100uk]

dont think so. you were over a week late as it is.

poss with this claim, it might be best to try and mediate a consent order when/if dq n180 happens before court.

they appear to have all the card.

NOA,DN,Agreement.

dx

[Stripeycat]

Same as Barclays one I have just updated on. PRA group have written back and told me they intend to proceed with claim, have also sent another stack of documents, similar to last time round.

I did fill in an online income breakdown etc on their website  offering to pay them x amount of money back each month,  a couple of weeks back, they haven't acknowledged that ?

 

[dx100uk]

pers i'd await the mediation and go for a consent order.

get things ratified by the judge and legally binding

then they cant keep pestering you to up payments

dx