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

[sparkydave]

Hi DX. Thanks for your reply. I have still not received the N157, just this letter from the courts saying the following:

 

'Your case has been transferred to XXXXXXX county court, and your file has been referred to the District Judge for allocation. Unfortunately, the Judge has noticed that the Defence and Counterclaim is incomplete; it contains only one page. Can I ask if you would kindly provide the court with another complete copy?' If you wish, you can email us on xxxxxxxxxxxx@justice.gov.uk. Many thanks and apologies for any inconvenience'

 

I know my defence was filed in its entirety, so how could the courts not have it? should I just send the court a copy of my written defence?

thanks again

 

 

 

[dx100uk]

so you filed by MCOL, or N9 paper form?

 

dx

 

[sparkydave]

Yep, filed by MCOL.

 

[dx100uk]

if you have a copy then send it.

but it must be the one you sent via mcol.

you didnt tick counterclaim did you?

 

dx

 

[sparkydave]

i have no copy - i wrote it directly on the MCOL website. Obviously, I can access this and copy and paste it to send to the court.

I did not click counter claim. 

 

I'm not sure exactly what they are missing - they say they only have one page, but I don't know which page?

 

My thoughts are,

if they have lost paperwork that is down to them - as long as I can prove that I filed it in the first place?

or is it in my interest to send the court a new copy, to enable the judge to make a decision?

 

I really appreciate your help in this DX. 

I have now read lots of the other claim threads, only one seems relevant to my case, and that one got to allocation stage before it was discontinued. I'm hoping for a similar outcome!

[dx100uk]

so what did you file copy and paste it here.

 

dx

 

[sparkydave]

 

 

Defence and Counterclaim

Claim number:

xxxxxxxxxx

Claimant

PRA Group (UK) Limited

Defendant

xxxxxxxxxxx

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence

Filed on xx September 2021

Defence Statement

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.

Paragraph 1 is noted. I have in the past had an overdraft, but I
am unaware of any financial dealings with PRA Group (UK) Ltd. I am
unaware of what alleged debt the claimant refers to having failed
to adequately particularise its claim. I am unaware of what
account or contract the claimant refers to. The claimant alleges
the contract was assigned to the claimant. This is denied. I do
not recall receiving any Notice of Assignment from either assignor
or assignee pursuant to the LOP Act 1924

The claim is denied with regards to an amount due under an
agreement.
The Claimant/Solicitor has been unable to disclose any agreement
or statements on which its claim relies upon.

The Defendant is unaware of any legal assignment the claimant
refers to within its particulars and deny the notice was served
pursuant to the Law of Property Act 1925.

On receipt of this claim the Defendant requested information
pertaining to this claim from PRA Group (UK) Ltd. by way of a CPR
31.14.
To date I have yet to receive a compliant response.



Therefore with the courts 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;

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

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

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.

By reason of the facts and matters set out above, it is denied
that the Claimant is entitled to the relief claimed or any relief

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

xxxxxxxx

xx/09/2021

 

Defendant's date of birth

xxxxxxxxx

 

Address to which notices about this claim can be sent to you

xxxxxxxxxxx

xxxxxxxxxxx

xxxxxxxxxx

[dx100uk]

Thats all good and has an end

id just resend that by their email

then he should allocate it.

 

shame you didnt post it up here mind for tweaking .

some of the wording of our std holding/no paperwork you weakened by changing things

[sparkydave]

Thanks for the advice. What in particular did I change that weakened my case please? Wish I had posted on here first now, but only just got it filed in time! thanks again

[dx100uk]

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.

 

1 hour ago, sparkydave said:

Paragraph 1 is noted. I have in the past had an overdraft, but I
am unaware of any financial dealings with PRA Group (UK) Ltd.

 

the OC was lloyds not PRA group.

you should have stated you have had financial dealings with LLoyds in the past but recall no such account stated by the claimant

 

you've said you DID have an OD.

that could get sticky.

[sparkydave]

Hi everyone.

 

I have just received in the post all my statements, showing me being overdrawn. They have also sent copies of all the notices of assignment etc. In addition, they have asked me to contact them to try and settle out of court - to make an affordable payment plan. They have asked me to fill in an income / expenditure form.

 

I'm not sure if any of this means anything.

Is what they have sent  proof that I owe them money?

there is no signed agreement anywhere, in fact there is nothing in any of the paperwork with my signature on.

 

Nothing has changed at MCOL,

the last transaction is from last year, stating that my case has been transferred to my local county court.

any ideas anyone?

 

p.s. I still have done nothing with regards to the court not having my complete defence.

I have checked that I filed it correctly on MCOL, but done nothing more.

 

Thanks in advance

 

[dx100uk]

there are no OD agreements, against  you remember signing one.

sounds all just like bog roll to me.

 

so what is the status of the claim on mcol ...last entry...saying transferred but you never got an N157? from your designated court?

 

 

[sparkydave]

Hi DX, thanks for your reply.

 

The last entry on MCOL states that the case was transferred to my local court in December.

 

I have not received any thing else from the courts, including an N157. I'm assuming that means, at this stage, that the claimant has not paid the court fees?

 

thanks again

 

[dx100uk]

Probably. Ring the court concerned on Tuesday.

 

Dx

[sparkydave]

Sorry for the delay in updating.

 

........... the court rang me, and it transpired the defence documents had been mislaid, but have now appeared.

 

I then got a letter from the courts, about 3 weeks later, giving me a court date, and a date that the claimant must pay the court fee by.

 

I have been waiting ever since, for some sort of acknowledgement that payment has been made.

 

 

This morning, a letter in the post...... PRA have  DISCONTINUED the case!!!!!!!!!

Its all over!!!!

 

Thanks to everyone on here for all your help, donation to the site on the way.  

[dx100uk]

Hey you won, they ran away.

 

Well done CAG.

 

Dx