nice bit of news for once, thanks again I will send a donation over and keep you updated

Just received this email from the court I can confirm that, due to the hearing fee not having been paid by the required deadline, the case has been struck out without further order, in accordance with the allocation order dated 15th June 2020. I assume I just wait for PRA next move?

thanks

Thanks i am sure this will be dragged out for a few more months considering they haven't paid the fees

OK thanks will get i completed and sent over to the court and PRA on Monday

Ok Thanks so i will revert to my draft in Post #84 from June, does it look ok ? I can then get this is the post early next week - should i still send PRA a copy?

Hi Andy / DX I called the court today to confirm if Trial fees have been paid - They checked their various systems and could not find any payment for the trial, so advised this would go back to the Judge and likely it will be struck out. The previous Notice of Allocation I received in June confirmed that PRA have until the 29th Sep to pay the Fees, if not paid it would be struck out. I assume I just have to wait and see what PRA's next move is again, thanks for you help

Hi no nothing, doubt I will until they pay the fees

1st Draft - reviewed several statements I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement. 4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. 6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount. 7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents: · A copy of the Default Notice · A copy of the Notice of assignment · A complete set of statements detailing exactly how the debt has accrued detailing · All transactions · Any additional charges applied since the account was terminated · A statement of all payments received. The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice. 8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request. 9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made: · Default Notice · Full statement of account The claimant to date has failed to comply and disclose the default notice. Conclusion To date no Default Notice has been produced. The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant. Mediation confirmed that the claimant could not produce the Default notice document Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974. I **********, the defendant, believe that the facts stated in the witness statement are true. Signed…………………………. Dated……………………………

won't be waiting already started my research up again and found some good comparable cases, so will be drafting the witness statement soon. will update as soon as I have something thanks again dx and Andy

Hi Andy sorry for the late reply I didn't get the notification as usual. yes its 14 days pre hearing thanks

Hi hope everyone is still keeping well Just received Notice of Allocation to the small Claims Track They are advising the hearing will be on 27th October 2020 at 10am via "BT Meet me" The Claiment PRA Group have until 29th Sep 2020 to pay the court fee Are there any stickies on this part of the process as I could not find anything i.e. wait for confirmation on court fees being paid before I send my defence ? I have all I need from the forum and research on submitting the defence (I will show on this forum before I take any action)but cant see anything on the timing with regards to court fees? Thanks again for your help

Hi I hope all are safe and well I just received a letter from the court that the hearing will be listed for remote hearing (date to be fixed) I had a search but couldn't find much which relates to my case type - sorry if i missed it I have 14 days to confirm if I do not agree to a remote hearing Also 14 days to agree if i waive the right to a remote hearing and let the judge determine the claim by way of a paperwork exercise any advise - should i just let it run Thanks

Hi another quick update Just had my Mediation call and advised them that I do not have enough information from PRA to continue with the mediation. The mediator relayed that PRA confirmed they have sent me the agreement and statement and that PRA believe this is enough to determine that this is my debt. PRA confirmed that they do not have the "default notice" but believe the information they provided is enough for the court Now I will just wait for the court process to initiate and in the meantime i will continue to work on my statement thanks

no nothing on the DN

Hi I have spoken to the mediation booking line and I'm waiting for the appointment date for the 18th. Today I received a response from the PRA Group to my CPR31.14 they advise I may wish to review my position in the claim now they have provided the information. what they have provided is 2x notice of assignments that I have already received from passed comms. they have also managed to get a statement from 2006 to 2014 (just photocopies, know letter head) as per my request. still no sign of a default notice?? any advise? I assume I carry on to the mediation date and answer no to point 2, due to the lack of a default notice. thanks again for you support. I have also attached the docs I have re lived, but not the statement sorry for the spelling on the earlier post that was on my phone LOL 20200201_124716-merged (1).pdf

Thanks for the information Tbirdo I am sure this will really come in handy for my case. Another update is that I have received an email for arranging a Mediation call on the 18/02, which i will book this week. As per other threads i will keep the appointment and advise "No" on the call to point 2. - Can you confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate. As to date still no update on the Default Notice or full statement thanks

Hi Just another update, I received the Directions questionaire from the court and have followed the instructions on CAG for completing the form. I plan to send a copy to the court and PRA today i have yet to receive the DQ from PRA thanks

Hi just a quick update, after filing my defence I received a letter from PRA advising they are in receipt of the defence and that they intend to proceed with the claim . still no sign of a response to the CPR do i just wait it out? thanks

sorry think im confusing things so do I add the claim to the beginning of my defence - The Claim – 1.The Claimant claims the sum of £6605 for an outstanding debt owed.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB Bank PLC for a credit card under ref xxxxxxxxxx. 2.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 3.On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 4.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18

great thanks for the direction as the numbering has been tweaked on the claim should i also post that in this defence, or just go with the defence as per my response?

Hopefully I am going in the right direction now The Claim – 1.The Claimant claims the sum of £6605 for an outstanding debt owed.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB Bank PLC for a credit card under ref xxxxxxxxxx. 2.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 3.On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 4.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18 The Defence 1. The Defendant contends that the particulars of 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. 2. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with Lloyds TSB Bank PLC. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought clarification by way of a CPR 31.14 by signed delivery dated 25/11/2019. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance. 3. Paragraph 2 is denied. I am not aware or ever received service of a Default Notice pursuant to section 87 of the consumer credit Act 1974. 4. Paragraph 3 is noted and accepted, the defendant has received copies of notice of assignments from the claimant. The Claimant has failed to provide any evidence of balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

ok thanks ive tried to find example of the tried and tested but cant find anything through the stickies? as per the claim form it advises i should respond to each allegation, so I have amended to make this less specific - In respect to paragraph 1, the defendant does not admit the allegation because a. The claimant has been unable to provide the original creditor default notice b. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued In respect to paragraph 2, the defendant admits the allegation. In respect to paragraph 3, the defendant does not admit the allegations because: a. The claimant has not provided the original creditor default notice. In respect to paragraph 4, the defendant admits the allegation. In respect to paragraph 5, the defendant admits the allegation. In respect to paragraph 6, the defendant admits the allegation.

Hi this is my first draft for the defence to be added to the claim this week The Claim – 1.The Claimant claims the sum of £6605 for an outstanding debt owed. 2.On 30/08/2006 the defendant entered into an agreement with LLoyds TSB BankPLC for a credit card under ref xxxxxxxxxx. 3.On 09/03/2011 the defendant defaulted on the agreement with an outstanding balance of £6864. 4,On 24/06/2014 the debt of £6679.31 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Goup UK LTD on 31/12/2014. 5.Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. 6.Payments of £61.58 were received up to 07/01/2016 and adjustments have been applied in the sum of £13.18 In respect to paragraph 1, the defendant does not admit the allegation because a. The claimant has failed to respond to a number of CCA information requests in full. b. The claimant has been unable to provide the original creditor default notice c. The claimant has been unable to provide a complete set of original statements detailing exactly how the debt has accrued detailing: All Transactions. From 2006 to 2016 d. A CPR31.14 requesting the Default Notice and Full statement was sent to the claimant on 25/11/2019 and has not been responded to. In respect to paragraph 2, the defendant admits the allegation. In respect to paragraph 3, the defendant does not admit the allegations because: a. The claimant has not provided the original creditor default notice. In respect to paragraph 4, the defendant admits the allegation. In respect to paragraph 5, the defendant admits the allegation. In respect to paragraph 6, the defendant admits the allegation. Im a little worried about the parts where I admit the allegation - is this the correct type of response? As i see it they have provided the correct information for these elements of the claim

yes I set myself a limit of the end of this week (6th Dec) before submitting the defence. Just wondered if there was any view on how late i should leave it . just wanted to see if they could produce what i have requested in the CPR form before submitting. thanks again for your time