Stevo62 My Diary

[Stevo62]

I would do nothing right now.

You've only recently cancelled your DMP so PRA will be missing the payments which they have been receiving effortlessly from StepChange for some time, possibly years.

Wait for PRA to write to you and/or your wife again.

I wouldn't send another CCA Request from either you or your wife. That can wait until they threaten legal proceedings (which may be never).

(I’ve replied to your PM).

Di

01/09/20 Letter before claim received from PRA, I have forwarded details

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 wifes name, SARs also sent to MBNA.

[Stevo62]

Just to say I feel its important to mention -

I have not posted all communications I have had from people involved in this site, you know who you are, I would like to take this opportunity to thank you all, my journey like many members said would happen has become easier and it feels like we do indeed have control back, anybody new here reading this trust in what you are being told, trust in the people, I always said a little knowledge is dangerous but have found a lot of knowledge is power, I am not in any position to offer advice but would say there is a huge amount here and the best thing is no one is judgemental, the people are brilliant, I hope all here seeking advice will benefit greatly the same as we have, once again thank you.

[Stevo62]

01/09/20 Letter before claim received from PRA, I have forwarded details

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 wifes name, SARs also sent to MBNA.

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)

[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)

19/10/20 Letter received from Resolvecall -

It is in your interest to contact Resolvecall immediately upon receipt of this letter to discuss your account and enable us to understand your present circumstances and reach an amicable solution that meets your present situation.
Failure to contact Resolvecall within 7 days from the date of this letter will lead to a personal visit being made by one of our representatives to your home, the purpose of this visit is to assist you to engage with us to discuss your account and review your options to resolve the matter.

Do I respond to this or just file and await the next move?

26/10/20 Text received from Resolvecall - We have not received contact from you, please call

[The Tech Clerk]

next move Resolve call ( ex snotcall) oopppsss no powers if local debt common chancer turns up tell them to leave (no powers) they will try to converse with you tell them to leave they will give you a begging calling card -to contact some mortal at the end of a phone hoping for a bonus for xmas party, these at this stage are threatograms, so see what they come up with next???=

[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?

[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 )

[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

[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

[Stevo62]

Acknowledged as above

[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]

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?

[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

[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

[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?