Stevo62 My Diary

[Stevo62]

I personally think it's best to include as many legal arguments as you can in a Defence rather than rely on one which the Claimant may be able to remedy somewhere along the line in these proceedings. Or one which the DJ rejects leaving you with nothing else to fall back on.

For example at the moment you are relying solely on non compliance with your s77-79 CCA Request, but what if they subsequently produce it?

It's a pity you decided not to send the CPR 31.14 Request which I suggested because that may have thrown up further options for you.

Yes you can amend your Defence but you will need to make an application to the court for permission on a Form N244 with a fee of £255 (unless you're entitled to fee remission).

Wait to see how they react to your Defence which the court will send them giving them 28 days to inform the court if they intend to continue with the proceedings. If the Claimant doesn't do that (inform the court) then the claim automatically becomes stayed (a pause button on the proceedings).

If the Claimant decides later on that they want to pick it up again they would need to make an application to the court to lift the stay.

Let's see what happens next.

Di

On the 12/11/20 we received a letter from HM Courts acknowledging our defence, a copy of the defence has also been sent to PRA
and they have 28 days to respond, should we expect a response from PRA or the court in the
next few days or is hearing nothing usual and a better outcome?

[Stevo62]

I personally think it's best to include as many legal arguments as you can in a Defence rather than rely on one which the Claimant may be able to remedy somewhere along the line in these proceedings. Or one which the DJ rejects leaving you with nothing else to fall back on.

For example at the moment you are relying solely on non compliance with your s77-79 CCA Request, but what if they subsequently produce it?

It's a pity you decided not to send the CPR 31.14 Request which I suggested because that may have thrown up further options for you.

Yes you can amend your Defence but you will need to make an application to the court for permission on a Form N244 with a fee of £255 (unless you're entitled to fee remission).

Wait to see how they react to your Defence which the court will send them giving them 28 days to inform the court if they intend to continue with the proceedings. If the Claimant doesn't do that (inform the court) then the claim automatically becomes stayed (a pause button on the proceedings).

If the Claimant decides later on that they want to pick it up again they would need to make an application to the court to lift the stay.

Let's see what happens next.

Di

Good afternoon Di,

thank you for yet more guidance, I had the CPR 31.14 filled in and ready to submit but suppose I was looking for an instruction to do so rather than work on my own initiative with the information previously given, just lack of experience, hopefully they are not able to come up with any form of CCA, the amount I would have to pay to amend my defence is a huge amount towards total owed.

The SAR request has been received, this started as a Virgin account, I remember you asking this, I have read through, (loads of pages), I note 4/5 notices of sums in arrears but there is no mention of a default notice anywhere, is this significant?

[Joanna Connolly Solicitors]

Hi Di,
the deadline date is 12th of November, the claim date was the 9th of October, I have had no further response from PRA since the 17th of October as above, I haven't sent the CPR 31.14 request, hope I've not messed up, I have submitted a defence ref failure to comply with the CCA request and copied the first paragraph of PRAs response into the defence box, can it be amended if needed?

I personally think it's best to include as many legal arguments as you can in a Defence rather than rely on one which the Claimant may be able to remedy somewhere along the line in these proceedings. Or one which the DJ rejects leaving you with nothing else to fall back on.

For example at the moment you are relying solely on non compliance with your s77-79 CCA Request, but what if they subsequently produce it?

It's a pity you decided not to send the CPR 31.14 Request which I suggested because that may have thrown up further options for you.

Yes you can amend your Defence but you will need to make an application to the court for permission on a Form N244 with a fee of £255 (unless you're entitled to fee remission).

Wait to see how they react to your Defence which the court will send them giving them 28 days to inform the court if they intend to continue with the proceedings. If the Claimant doesn't do that (inform the court) then the claim automatically becomes stayed (a pause button on the proceedings).

If the Claimant decides later on that they want to pick it up again they would need to make an application to the court to lift the stay.

Let's see what happens next.

Di

[Stevo62]

Thank you The Tech Clerk,
I had down loaded the document I just didn't send it to PRA, hopefully PRA not being able to comply with the CCA request will be enough in the meantime

[The Tech Clerk]

CPR 31:14 - Inspect Document Request (CCA Sent) if needed

[Stevo62]

When i.e. what exact date is your Defence deadline?

Did you send the solicitors a CPR 31.14 Request? If so what did you ask for and what was their response to your request?

Di

Hi Di,
the deadline date is 12th of November, the claim date was the 9th of October, I have had no further response from PRA since the 17th of October as above, I haven't sent the CPR 31.14 request, hope I've not messed up, I have submitted a defence ref failure to comply with the CCA request and copied the first paragraph of PRAs response into the defence box, can it be amended if needed?

[Joanna Connolly Solicitors]

I feel I should be getting ready to file my defence, is it as straight forward as just saying that PRA have failed to respond with anything regarding my CCA request or is there more I should add?

When i.e. what exact date is your Defence deadline?

Did you send the solicitors a CPR 31.14 Request? If so what did you ask for and what was their response to your request?

Di

[Warwick65]

There are templates around but I have heard claimants argue in court the defence is a generic internet one, to sure if that carries any weight.

Did you send the cpr 31.14 request ?

in general keep the defence relatively brief, admit what you need to such as I have in the past had dealings with x bank (if the claim form mentions it)
Then list what you have done such as sent a S77/78 request and the claimant has failed to comply therefore subject to S77(4) or S78(6) consumer credit act the account becomes unenforceable

I sent a request under cpr31.14 asking for x y z , the claimant have produced whatever , I deny every having revived a DN , Notice of assignment or whatever BUT don’t lie

Is this the lowest value claim listed early on in this thread, at least by submitting a defence, if you feel you have to, you get to mediation.

sorry I’m not more help

[Stevo62]

That's very helpful of PRA to confirm that they have received your s77-79 CCA Request and also confirm that they don't have the credit agreement which they should have had in their possession before issuing legal proceedings.

If they don't can't comply by the time you file your Defence (deadline 33 days after the claim Issue Date on the form) then you will have at least one legal argument for your Defence.

This forum has a CPR 31.14 Request template letter which may generate another legal argument for you.

Di

I feel I should be getting ready to file my defence, is it as straight forward as just saying that PRA have failed to respond with anything regarding my CCA request or is there more I should add?

[Joanna Connolly Solicitors]

17/10/20 Letter received from PRA

I am in receipt of your correspondence in relation to the above and have requested the required information. Until this is received I have placed your account on hold which will cease any further collections activity until further notice.
As a gesture of goodwill to our customers PRA Group UK Ltd do not charge the £1.00 statutory fee to carry out this request, I am therefore returning this payment to you.

That's very helpful of PRA to confirm that they have received your s77-79 CCA Request and also confirm that they don't have the credit agreement which they should have had in their possession before issuing legal proceedings.

If they don't can't comply by the time you file your Defence (deadline 33 days after the claim Issue Date on the form) then you will have at least one legal argument for your Defence.

This forum has a CPR 31.14 Request template letter which may generate another legal argument for you.

Di

[Stevo62]

Acknowledged as above

[Joanna Connolly Solicitors]

Letter received from PRA advising of court claim dated the 9th of October, have until the 28th to respond to the Acknowledgement of service, intentions are to contest and defend all of the claim, second CCA request sent today in wife's name

Since this claim is in your wife's name she should be the person to login and file the Acknowledgment of Service although you can sit next to her to help while she does it.

Don't file anything in the Defence box yet. She has 33 days from the claim issue date to do that.

(I've received your PM).

Di

[Joanna Connolly Solicitors]

17/10/20 Letter received from PRA

I am in receipt of your correspondence in relation to the above and have requested the required information. Until this is received I have placed your account on hold which will cease any further collections activity until further notice.
As a gesture of goodwill to our customers PRA Group UK Ltd do not charge the £1.00 statutory fee to carry out this request, I am therefore returning this payment to you.
We will contact you to provide an update as soon as possible but if you have any questions please phone us on..... (Filed)

A court claim has been issued. Once that happens the court dictates the timetable of these legal proceedings.

You MUST file the Acknowledgement of Service no later than 19 days from the Claim Issue Date which was on 9th October. If you fail to do that you will be at risk of a Default Judgment (a CCJ for failing to comply with the court deadline).

PRA may have sent you a letter stating they will "place your account on hold which will cease further collections activity" but they can't put the legal proceedings on hold. The clock is now ticking.

Login to MCOL and tick the box which says you intend to defend all of the claim.

Di

[nightwatch]

Hiya,

yep just file away, they have called, left a visiting card, job done, they get the fee for calling.

let us know what comes next.

Enjoy the weekend ( as best you can )

[Stevo62]

Debt 8 Account Cabot Financial
Personal loan originally with Lloyds Bank,
Commencement date approx 2004
Approx balance £1150
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Cabot 09/04/20 acknowledging CCA request and will forward paperwork when they have it, 22/04/20,
second letter received from Cabot, were still processing my request, until we are able to provide further information they state account is unenforceable.

17/08/20 Letter received from Cabot - Moving on from your debt management plan
We would like to help you repay your account and would like to speak to you about setting up a repayment plan (Filed)

13/09/20 Letter received from Cabot - Were giving you control
We get it, nobody knows your finances better than you so we think its only fair you set up a plan that's exclusively made for you, all you need to do is get in touch. (Filed)

30/09/20 Letter received from Cabot - What's happening next?
We have tried to contact you on a number of occasions so we can understand your financial situation and discuss a payment plan that is affordable and fair.
Because we have been unable to contact you, we are now going to instruct a company called Resolvecall to visit you at your home so that they can put you back in touch with us

You can still talk to us instead on 03........, we'd rather speak to you and arrange a way for you to pay. We would need to speak to you in the next 7 days or you'll receive a visit from Resolvecall. (OH ??IT)

23/10/20
Letter or rather card put through door today from Resolvecall, no stamp so assume a cold call, in light of the current pandemic we are looking to contact yourself in order to understand your present circumstances. Please contact us on .......
I presume I ignore this and file?