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Today I represented a consumer at a hearing in respect of a claim issued by PRA Group (UK) Limited in July 2021 and for just under ten thousand pounds. Further to our advice our client applied to the court for an order striking out the claim and/or for summary judgment. We were successful at the hearing and the Judge struck the claim out owing to a failure on the part of the claimant to plead a concise statement of the facts or any cause of action. The judge also granted our client summary judgment on the claim and the claimant was subsequently ordered to pay costs.
The claimant was seeking to rely upon an alleged ‘reconstituted’ default notice. However, the Judge agreed with my submission that the claim ultimately stood no prospect of success and should not be allowed to continue, and the Judge granted our client summary Judgment which dismissed the claim. The claim being disposed of at the hearing of our client’s application also meant that our client did not have to attend court and avoided the stress of having to attend any future trial and give evidence.
Prior to the hearing, the claimant filed at court a 6-page witness statement, which itself exhibited a further 119 pages of documentation and evidence upon which the claimant relied, including the alleged credit agreement. So, this is another reminder that, just because a creditor/claimant can produce alleged documentation and issues a claim, it does not mean they have a sound claim, or compliant grounds of claim. It is always worth taking free legal advice on a matter before deciding how to respond to a claim or potential claim. Our initial legal advice on matters is always free.
Today’s outcome also follows a continuing trend whereby Judges up and down the country (namely in county courts in Chester, Derby, Clerkenwell and Shoreditch, Skipton, Birmingham and Reading) have all agreed with our arguments on the very matters which the Judge decided upon today.
The claimant was seeking to rely upon an alleged ‘reconstituted’ default notice. However, the Judge agreed with my submission that the claim ultimately stood no prospect of success and should not be allowed to continue, and the Judge granted our client summary Judgment which dismissed the claim. The claim being disposed of at the hearing of our client’s application also meant that our client did not have to attend court and avoided the stress of having to attend any future trial and give evidence.
Prior to the hearing, the claimant filed at court a 6-page witness statement, which itself exhibited a further 119 pages of documentation and evidence upon which the claimant relied, including the alleged credit agreement. So, this is another reminder that, just because a creditor/claimant can produce alleged documentation and issues a claim, it does not mean they have a sound claim, or compliant grounds of claim. It is always worth taking free legal advice on a matter before deciding how to respond to a claim or potential claim. Our initial legal advice on matters is always free.
Today’s outcome also follows a continuing trend whereby Judges up and down the country (namely in county courts in Chester, Derby, Clerkenwell and Shoreditch, Skipton, Birmingham and Reading) have all agreed with our arguments on the very matters which the Judge decided upon today.
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