PRA Group claimform - old lloyds card 'debt'

[Charbydis]

I have received a claim form from PRA group for an old lloyds credit card debt.

I have acknowledged service and said I will defend it all.

 

Prior to this I had sent a CCA request years ago which they ignored and kept sending me letters offering a discount if I paid up

 

this month I received a letter before action.

I replied with the pre protocol letter

 

they sent a letter saying the info might take some time to get,

a photo copy of a an application form and agreement with some terms and conditions on the other side

 

then a claim form and then a letter saying the debt had been sold to them.

 

The claim details are as follows:

 

The Claimant claims the sum of 8000 for debt and interest.

On 1/1/02 the defendant entered into an agreement with LLOYDS for a credit card under reference XXXXX.

On 7/12/06 the defendant defaulted on the agreement with an outstanding balance of 6500. On 24/6/13 the debt of 6500 was asigned to Aktiv Kaptial Portfolio AS, Oslo Zug Branch,

who assigned the debt to PRA Group (UK) Ltd on 31/12/14.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

Payments of 60.00 received upto 15/10/13

 

AND THE CLAIMANTS CLAIMS

1. The sum of 6500.

2 Statutory interest pursuant to Section 69 of the County Courts Act 1984

at a rate of 8% per anum from 15/10/13 to 14/7/16

and thereafter at a daily rate of 1.42 until judgment or sooner payment

[AndyOrch]

Hi Charbydis

 

If you could read the following link and then copy and paste your responses back here to enable the best advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[Charbydis]

In order for us to help you we require the following information:-

 

Name of the Claimant PRA Group (UK) Limited

 

Date of issue – 15/7/2016

 

Date of issue 15 + 19 days ( 5 day for service + 14 days to acknowledge) = + 14 days to submit defence = XX (33 days in total) - 17/8/2016

 

 

What is the claim for –

The Claimant claims the sum of 8000 for debt and interest.

On 1/1/02 the defendant entered into an agreement with LLOYDS for a credit card under reference XXXXX.

On 7/12/06 the defendant defaulted on the agreement with an outstanding balance of 6500. On 24/6/13 the debt of 6500 was asigned to Aktiv Kaptial Portfolio AS, Oslo Zug Branch, who assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

Payments of 60.00 received upto 15/10/13 AND THE CLAIMANTS CLAIMS

1. The sum of 6500.

2 Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per anum from 15/10/13 to 14/7/16 and thereafter at a daily rate of 1.42 until judgment or sooner payment

 

What is the value of the claim? 8398.88

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

 

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. by debt purchaser

 

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? can't remember

 

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

 

Why did you cease payments? I was on a dmp but stopped payments because most of the debts had been sold on and no one had responded to my cca requests

 

What was the date of your last payment? september/october 2013 approx

 

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

 

.

[AndyOrch]

Many thanks Charbydis

 

Could you recheck the name of the claimant..you named an individual ?

 

Andy

[Charbydis]

Doh!

The claimant is PRA Group (UK) Limited

[AndyOrch]

[AndyOrch]

So initially who did you send the CCA request to .....Aktiv or PRA?

[Charbydis]

Aktiv

[AndyOrch]

Then you must send a further one to this claimant....today.

[Charbydis]

Done and received photocopied application form with £1 postal order returned as they say its not needed!

[AndyOrch]

Done and received photocopied application form with £1 postal order returned as they say its not needed!

 

Excellent retain that letter ..that will become part of your disclosure evidence further into the process.

[shamrocker]

Done and received photocopied application form with £1 postal order returned as they say its not needed!

 

Do you mean a blank application form, or the actual one you completed and sent back to apply for the account?

[Charbydis]

it looks like one I sent to apply for the account.

[AndyOrch]

Careful some application forms can be considered valid Credit Consumer Agreements.

 

Have you acknowledged service of the claim Charbydis?

[Charbydis]

yes acknowledged and defending all

[shamrocker]

it looks like one I sent to apply for the account.

 

Is it a photocopy of the actual one you completed - i.e. with your personal details and signature on?

[Charbydis]

It looks like a photocopy of the application form with my signature and old address on.

[Charbydis]

How is this for a draft defence

 

Particulars of claim.

 

The Claimant claims the sum of 8000 for debt and interest.*

 

1.On 1/1/02 the defendant entered into an agreement with Lloyds for a credit card under reference XXXXX.*

2.On 7/12/06 the defendant defaulted on the agreement with an outstanding balance of 6500.

3.On 24/6/13 the debt of 6500 was assigned to Aktiv Kaptial Portfolio AS, Oslo Zug Branch, who assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

Payments of 60.00 received up to 15/10/13 AND THE CLAIMANTS CLAIMS*

 

1. The sum of 6500.*

2 Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per anum from 15/10/13 to 14/7/16 and thereafter at a daily rate of 1.42 until judgement or sooner payment

 

#####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. Paragraph 1 is accepted insofar as that I have in the past held a contractual relationship with Lloyds. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply.

 

3.Paragraph 2 is denied. I have never been served a default notice pursuant to the Consumer credit Act 1974 by Lloyd's.

 

4.Paragraph 3 is denied the claimant nor its alleged predecessor has ever provided me with a notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim.

 

5. On receipt of this claim I requested information pertaining to this claim from PRA Group (UK) Ltd by way of a CPR 31.14 and a section 78 request. To date, no response has been received from PRA Group (UK) Ltd

 

6. Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

8. On the alternative, if 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.

Edited August 10, 2016 by Andyorch
Edited and tweaked to fit the particulars

[AndyOrch]

As its a pre 2007 agreement you would have to scan a copy and upload it for opinions (remove any identifiable details first)

[shamrocker]

It looks like a photocopy of the application form with my signature and old address on.

 

Would you be able to scan the document and upload it (remove identifiable details first)?

 

Andy will offer some feedback on your defence.

 

What sort of outcome would you be happy with on this...aside from the obvious hope of 100% success?

 

Sham

 

EDIT: Oops.. Andy beat me to it while I was reading everything above

[martin2006]

If that is exactly how the poc is worded and written then you must make your defence match the paragraphs of the poc

 

For example

 

Your paragraph 3 says para 2 is denied, you never received a default notice but para 2 of the poc refers to s69 interest, they have to counter or respond to each point, so you cant simply copy and paste a defence without making it relevant to the PoC

[AndyOrch]

Defence edited and tweaked to fit the particulars of claim.

[Charbydis]

so I need to address the defence to the 8000 claimed and the statutory interest then. How do I do that then other than saying what I have done already?

[Charbydis]

Is this any better:

 

Particulars of claim.

 

The Claimant claims the sum of 8000 for debt and interest.*

 

1. On 1/1/02 the defendant entered into an agreement with LLOYDS for a credit card under reference XXXXX.*

 

2. On 7/12/06 the defendant defaulted on the agreement with an outstanding balance of 6500.

 

3. On 24/6/13 the debt of 6500 was assigned to Aktiv Kaptial Portfolio AS, Oslo Zug Branch,

who assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

Payments of 60.00 received up to 15/10/13 AND THE CLAIMANTS CLAIMS*

 

1. The sum of 6500.*

2 Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per anum from 15/10/13 to 14/7/16 and thereafter at a daily rate of 1.42 until judgement or sooner payment

 

#####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. Paragraph 1 is accepted insofar as that I have in the past held a contractual relationship with Lloyds. I do not recall the precise details of the account and have requested verification from the claimant to which they have yet to comply. It is denied the claimant has provided the me with notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim. I do not recognise or recall this account number.*

 

3. Paragraph 2 is denied. I have never been served a default notice pursuant to the Consumer credit Act 1974 by Lloyds or the claimant.

 

4. On receipt of this claim I requested information pertaining to this claim from PRA Group (UK) Ltd by way of a CPR 31.14 and a section 78 request. To date, no response has been received from PRA Group (UK) Ltd

 

5. Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per*Civil Procedure*Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, if 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.

 

8. 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.

[AndyOrch]

Defence edited and tweaked to fit the particulars of claim.

 

I have already edited your defence in post#18