Stevo62 My Diary

[The Tech Clerk]

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

[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

[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]

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?

[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?

[Joanna Connolly Solicitors]

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?

You won't hear anything from the court unless PRA inform them that they intend to continue with the proceedings so you'll be sent a Directions Questionnaire to complete. Cross that bridge if/when you get to it.

If PRA don't contact the court stating their intention to continue then the claim is automatically stayed until either party makes an Application to lift the stay.

Any silence from PRA might mean they've not got the documents they need to comply with your s77-79 CCA Request at the moment, but they'll make an effort to source them before proceeding.

I don't have a crystal ball to predict their (PRA) next step, but you may have to hold your breath a little longer. In the meantime you can call MCOL to ask them if they've heard anything from PRA once the 28 days is up.

Di

[Colin G Quinn]

Hi Stevo62,

Unless PRA have entered into a moratorium for the Christmas period, you will likely receive a letter from them in the next few days or weeks stating they have notified the court of their intention to proceed with the claim.

They do this even when we are instructed, however the subsequent actions taken by us generally prevent the matter proceeding to a trial, and we are usually successful in having the claims dismissed at an earlier stage, and without our clients having to attend a trial and give evidence.

[Stevo62]

Good afternoon Colin and Di,
thank you both for your comments, I will wait to see what PRAs next move is.

[Joanna Connolly Solicitors]

I will wait to see what PRAs next move is.

PRA's last move was to write and tell you they would cease collections activity until MBNA produced the credit agreement.

That letter was sent after the claim had been issued so keep it safe in case they change their mind and you need to evidence it since it's an admission that they didn't have the documents they needed before they issued the claim.

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)

Di

[Stevo62]

Its Safe

[Joanna Connolly Solicitors]

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?

From what you say PRA have had their 28 days to inform the court whether they intend to continue with these legal proceedings, so why not call NCCBC to check on the status of the claim.

Expect their phone lines to be very busy with an impossibly long queue so you may have to hold your breath for the court to send you a Directions Questionnaire or not.

Let me know if you hear anything direct from PRA. Hopefully they are still scurrying around trying to source or reconstitute the MBNA credit agreement to comply with your CCA Request which you sent in October. In the meantime this debt is unenforceable

If they do produce something you may need to Amend your Defence but let's cross that bridge if/when you get to it.

Di

[Stevo62]

From what you say PRA have had their 28 days to inform the court whether they intend to continue with these legal proceedings, so why not call NCCBC to check on the status of the claim.

Expect their phone lines to be very busy with an impossibly long queue so you may have to hold your breath for the court to send you a Directions Questionnaire or not.

Let me know if you hear anything direct from PRA. Hopefully they are still scurrying around trying to source or reconstitute the MBNA credit agreement to comply with your CCA Request which you sent in October. In the meantime this debt is unenforceable

If they do produce something you may need to Amend your Defence but let's cross that bridge if/when you get to it.

Di

Good afternoon Di,
tried calling but automated response with brief message, staff working from home, priority cases only, unable to give updates for existing/pending claims, will have to keep an eye on the post, as you say, hopefully PRA will struggle to comply with the CCA request.

[Stevo62]

Debt 4 Account Moorcroft Debt Recovery
Personal loan originally with Sainsburys, has been sold on three or four times since, I believe Intrum Finance Ltd to be the current owner of the debt
Commencement date 2009
Approx balance £9100
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from Moorcroft 15/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date.

04/09/20 Letter received from Moorcroft
Our records show that we have not received the payment of £... due under your agreed arrangement with the result that you are in arrears for the sum of £..., if you have sent your payment in the last few days and this letter has crossed over then you do not need to take any action.

If you are currently unable to make payment please could you contact us so that we can discuss your current circumstances and make sure that your account continues to be treated correctly. (Filed)

08/09/20 Letter received from Moorcroft saying please find enclosed a copy of your agreement, just a single page, will send to Niddy

02/10/20 Letter received from Moorcroft
PLEASE CONTACT US TO DISCUSS YOUR ACCOUNT
We cannot trace having received a recent payment, we are aware that these can be difficult times and it is important we work together.

Contact us now and we would be happy to discuss a repayment programme that you can afford and maintain. In certain circumstances we may also be able to offer a substantial discount from the outstanding balance. (Filed)

The agreement has been reviewed and appears to be UE

17/10/20 Letter received from Moorcroft
Monthly instalment offer
As we have not received any communication from you with regards to your outstanding account, we are concerned that your financial position means that you may not be in a position to meet our requests to clear the account in full.
We can confirm that we are prepared to accept a sensible monthly repayment plan which reflects your financial circumstances and is one that you can afford to maintain - please contact us. (Filed)

02/11/20 letter received from Moorcroft - Further to our records we have not been able to agree a affordable repayment plan with you, please get in touch (Filed)
14/11/20 Letter from Moorcroft - They are disappointed that despite numerous attempts to contact me no satisfactory agreement has been reached, however in an attempt to an arrangement our client has informed us that we may be able to offer you a discount on your outstanding balance, if I would like to participate in this offer please call ...... (Filed)

28/10/20 Letter received from Intrum - We refer to the above account which has been with our external recovery provider Moorcroft Debt Recovery Ltd for collection of the outstanding debt, please note as of the date of this letter your account has been returned to Intrum.
Please contact our team to discuss repayment of your outstanding balance. (Filed)

05/12/20 Letter from Intrum - You haven't been in touch to talk about your outstanding balance, if you'd rather not speak to us that's okay you can do everything you need to online. (Filed)

18/12/20 Letter received from Intrum - We may take legal action if you don't get in touch.
We'd really like to help you pay back the money you owe us, but if we don't here from you we can't help and we may take legal action that may affect your credit score.
Also included is an income/expenditure form and numerous options of how to get in touch. (Filed)

30/12/20 Letter received from Intrum - We're thinking of taking you to court.
We don't want to but if you don't get in touch soon we'll pass your account to our legal team, they'll consider applying for a County Court Judgement which could make it harder for you to borrow money in the future. They may also add court and solicitor fees. (Filed)

6/1/21 Letter received from Intrum - Would I like a discount?
We want to help you pay your debt without taking you to court, so if you get in touch within the next 10 days we'll give you a discount on the £....... you owe. (Filed)

14/1/21 Letter received from Intrum - Our final discount offer before we consider court action.
If we don't hear from you in 10 days we'll pass your account to our legal team who could take you to court.
But we want to help you pay us back without involving the courts, so here are some options we hope will make it easier for you.
Pay in January for a 20% discount, pay over 3 months for a 10% discount. (Filed)

29/01/21 Letter received from Intrum - We're getting ready for legal action.
We're planning to hand your account over to our legal team on ../02/21.
They may apply for a County Court Judgement
to demand you repay the money by a certain date, if you don't pay and judgement is granted the court can issue -
An attachment of earnings-
A warrant of control-
A charging order.

We'd really like to find a way for you to pay us without taking you to court, if you get in touch before ../02/21 we'll try to work out
a repayment plan that helps you avoid legal action. (Filed)

[Joanna Connolly Solicitors]

18/12/20 Letter received from Intrum - We may take legal action if you don't get in touch.
We'd really like to help you pay back the money you owe us, but if we don't here from you we can't help and we may take legal action that may affect your credit score.
Also included is an income/expenditure form and numerous directions of how to get in touch. (Filed)

They may say that they may take legal action, but at the moment the credit agreement has been deemed unenforceable and Intrum is not FCA authorised.

That doesn't sound like a formal Letter of Claim, but I thought I better check with you?

Di

[Stevo62]

They may say that they may take legal action, but at the moment the credit agreement has been deemed unenforceable and Intrum is not FCA authorised.

That doesn't sound like a formal Letter of Claim, but I thought I better check with you?

Di

Hi again Di
its just a single page threatogram, it goes on to say - tell us about your incomings and outgoings and anything else that will affect how much you can pay and when.
We'll set a regular amount for you to pay or you can suggest a schedule that suits you.