Received Direction Questionaire for this claim only, checked MCOL no other forms have been submitted by the Claimant

HI Kyosanto,

I'm still missing one payment from Wizzair for my partner and received an email stating they've paid out to a claims company but we did not authorise anyone to represent her.

I've emailed Airhelp to see what was going on and received an email stating they had no dealings with my partner's claim!

I'm at a loss as to what I should do, any ideas greatly appreciated

thanks

Webbs

Wizzair and Airhelp Compensation Claim.pdf

Good Afternoon Everyone,

again apologies for not posting sooner

but have not received "Notice of Proposed Allocation to Small Claims Track"

should I contact the court to see whats happened as I've got the paperwork for claims 1 & 2 but not this one?

also pra has not complied with my CCA or CPR request or anything.

many thanks

Webb

Good Afternoon Everyone,

again apologies for not posting sooner but been away for 5days on a training course, opened this when I got back yesterday, but still has not complied with my CCA or CPR request or anything.

many thanks

Webb

23-10-2023 Notice of Proposed Allocation to the Small Claims Track - £2960.pdf

Good Afternoon Everyone,

again apologies for not posting sooner but been away for 5days on a training course, opened this when I got back yesterday, but still has not complied with my CCA or CPR request or anything.

many thanks

Webb

23-10-2023 Notice of Proposed Allocation to the Small Claims Track - £3814.pdf

Recent corespondance from PRA

2023-10-12 PRA note you've defended heres the NOA rest to come.pdf

Recent corespondance from PRA

Scans 001.pdf

Recent corespondance from PRA

2023-10-12 pra.pdf

Defence filed

Defence filed

brilliant thank you

Defence Filed

Defence to be filed tomorrow, so far they have not complied with my CCA or CPR request.

Is this still the correct form to use?

The Defendant contends that the particulars of claim vague and are 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.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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 any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. 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.

Defence to be filed tomorrow, so far they have not complied with my CCA or CPR request.

Is this still the correct form to use?

The Defendant contends that the particulars of claim vague and are 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.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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 any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. 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.

Defence to be filed tomorrow, so far they have not complied with my CCA or CPR request.

Is this still the correct form to use?

The Defendant contends that the particulars of claim vague and are 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.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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 any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. 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.

Hi Everyone,

apologies for the delay in posting been on holiday for 2 weeks, anyhow returned to this letter and that's it at the moment

thanks

Webb

006 PRA Group Reply 18-09-2023.docx.pdf

Hi Everyone,

apologies for the delay in posting been on holiday for 2 weeks, anyhow returned to this letter and that's it at the moment

thanks

Webb

006 PRA Group Reply 18-09-2023.docx.pdf

Hi Everyone,

apologies for the delay in posting been on holiday for 2 weeks, anyhow returned to this letter and that's it at the moment

thanks

Webb

006 PRA Group Reply 18-09-2023.docx.pdf

MCOL AOS - Completed
CCA Request - Done & Posted
CPR letter - Done & Posted

thanks

webbs

MBNA EUROPE BANK LTD

MCOL AOS - Completed
CCA Request - Done & Posted
CPR letter - Done & Posted

thanks

webbs

MBNA LIMITED

MBNA EUROPE BANK LTD.

MCOL AOS - Completed
CCA Request - Done & Posted
CPR letter - Done & Posted

thanks

webbs

Hi Kyosanto,

Yes I've read that article, which led to think I should do the same.

I can only find confirmation for the compensation but not for my expenses.

I will draw up a letter of claim tomorrow

many thanks

Kev

Which Court have you received the claim from? Northampton

 Name of the Claimant? PRA Group (UK) Limited

How many defendants joint or self? Self

Date of issue –  7 Sep 2023

 Date  to acknowledge) = 25/09/2023

date to submit defence = 09/10/2023 (33 days in total)   

Particulars of Claim  

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

1.The claimant claims the sum of £2765 for outstanding debt owed.

2.On 24/07/2017 the Defendant entered into an agreement with Lloyds Bank Plc. For a credit card 16 digit number.

3.On 29/04/2019 the defendant defaulted on the agreement with an outstanding balance of £2765.

4. On 08/12/2020 the debt of £2765 was assigned to PRA Group (UK) Limited. 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 £2765

 What is the total value of the claim? £2960
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 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? No

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? 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...)? 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 is assigned and Debt Purchaser has issued the claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? I fell into debt after my wife suffered a prolapsed disc and was unable to work for a long period of time plus Covid lockdown forced us to rely on credit cards to get us by
 

What was the date of your last payment? Unknown

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 we did make contact but no debt plan was made