PRA GROUP

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Jofubar
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#1 PRA GROUP

Post by Jofubar » 15 Nov 2017 19:00

Can anyone give me advice please? I have just found out that I have a ccj against me from July this year from the pra group. It's states that total is £1240 but the original debt was £788 from 2011 default 2012. The Pra group have said the amount is not correct and it's now £1460??? I have asked for the origanal signed agreement . I never received anything from the courts what can I do, I don't have the funds to pay courts to and they have a warrant for bailiffs but they haven't been and no documentation has been sent to me anyone help

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Michelle
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#2 Re: PRA GROUP

Post by Michelle » 15 Nov 2017 23:05

Jofubar wrote:
15 Nov 2017 19:00
Can anyone give me advice please? I have just found out that I have a ccj against me from July this year from the pra group. It's states that total is £1240 but the original debt was £788 from 2011 default 2012.
Have you any idea when you last made a payment towards this debt?
Jofubar wrote:
15 Nov 2017 19:00
The Pra group have said the amount is not correct and it's now £1460??? I have asked for the origanal signed agreement .
Did you ask for a copy of the agreement in the past? Or just now after seeing the CCJ? Because once a debt is subject to a judgment, the duty to comply with a CCA request ends, so they don't need to comply and you couldn't use this as the basis for a set aside application, but you could if you had previously requested it and received nothing from them.
Jofubar wrote:
15 Nov 2017 19:00
I never received anything from the courts
Have you moved in the last few years?
Jofubar wrote:
15 Nov 2017 19:00
what can I do, I don't have the funds to pay courts to and they have a warrant for bailiffs but they haven't been and no documentation has been sent to me anyone help
Do you know what this debt is for? PRA are a purchaser of delinquent accounts, usually credit cards and loans. As these are regulated by the Consumer Credit Act, they cannot be transferred up to the High Court for enforcement, but they can still be enforced by County Court bailiffs.

You can submit an N245 application to stay the warrant and make an affordable offer to pay by installments, after filling in the income and expenditure part of the form.

If you had a defence to the claim, such as it being statute barred (no payments or written acknowledgments for at least 6 years up to the point when the claim was issued), then you could apply to set aside the judgment.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Jofubar
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#3 Re: PRA GROUP

Post by Jofubar » 16 Nov 2017 07:36

I haven't moved and I have asked after I have seen the ccj. The default was in 2012 and the sum was 788 now ccj on file at 1240 but pra said it £1460?

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Michelle
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#4 Re: PRA GROUP

Post by Michelle » 16 Nov 2017 08:39

Jofubar wrote:
16 Nov 2017 07:36
I haven't moved and I have asked after I have seen the ccj.
See my previous comment, once the debt is subject to a judgment, they no longer have a duty to respond. It's a catch 22 situation, because you can't use the lack of response post judgment as an argument to say you could have defended the claim on the basis of non compliance with s.78 of the Consumer Credit Act.
Jofubar wrote:
16 Nov 2017 07:36
The default was in 2012
You must be referring to the date it was recorded on your credit file, but this date is not the one we want to see if a debt is statute barred, but when you actually made your last payment, presumably earlier, unless you defaulted and kept making reduced/token payments or went on a DMP.
Jofubar wrote:
16 Nov 2017 07:36
and the sum was 788 now ccj on file at 1240 but pra said it £1460?
I assume the CCJ would include statutory interest as well as the court fee and solicitor's fee to issue the claim. If you have already received a notice of enforcement, that would have added the £70 compliance fee to the amount of the CCJ, but it would make it £1,310.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Pote Snitkin
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#5 Re: PRA GROUP

Post by Pote Snitkin » 16 Nov 2017 09:44

Michelle wrote:
15 Nov 2017 23:05

Did you ask for a copy of the agreement in the past? Or just now after seeing the CCJ? Because once a debt is subject to a judgment, the duty to comply with a CCA request ends, so they don't need to comply and you couldn't use this as the basis for a set aside application, but you could if you had previously requested it and received nothing from them.
Does that apply to default judgements? I've certainly known of a set-aside after the CCJ was granted in those circumstances. It was set-aside then eventually withdrawn by the DCA.
http://www.huffingtonpost.co.uk/entry/h ... 50540e5a3d - False alarm, it wasn't him. Maybe next time.

Jofubar
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#6 Re: PRA GROUP

Post by Jofubar » 16 Nov 2017 09:53

I have looked on my file and aqua who the card was with is no longer listed the default would of been in 2011 and pra have the debt at 788 and they only show two year 2016-17. I just don't no what to do. How do I find out my last payment to aqua if it's not on my credit file. Can the bailiffs break into my home as they have applied for a warrant. What steps should I take? Please can you help me with step by step to try and get this matter sorted. Pra group have doubled the debt and haven't provided me with any documentation nor did I receive from court or I would of acted as soon as I got it.

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Michelle
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#7 Re: PRA GROUP

Post by Michelle » 16 Nov 2017 11:12

Pote Snitkin wrote:
16 Nov 2017 09:44
Michelle wrote:
15 Nov 2017 23:05

Did you ask for a copy of the agreement in the past? Or just now after seeing the CCJ? Because once a debt is subject to a judgment, the duty to comply with a CCA request ends, so they don't need to comply and you couldn't use this as the basis for a set aside application, but you could if you had previously requested it and received nothing from them.
Does that apply to default judgements? I've certainly known of a set-aside after the CCJ was granted in those circumstances. It was set-aside then eventually withdrawn by the DCA.
First of all, set aside usually applies to default judgments that you were not aware of, not cases when you actually went to court. Every case is different and turns on its own merits. Many people sent CCA requests for their accounts long before they went to court and never got a response or got something totally unenforceable. s78 of the CCA refers to the duty to supply a copy of the agreement, and it also says:
(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;
You could argue that you were not given the opportunity to defend the claim, but you will also need to provide a draft defence with the set aside application.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Michelle
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#8 Re: PRA GROUP

Post by Michelle » 16 Nov 2017 11:22

Jofubar wrote:
16 Nov 2017 09:53
I have looked on my file and aqua who the card was with is no longer listed
It wouldn't be under their name as the debt was sold.
Jofubar wrote:
16 Nov 2017 09:53
the default would of been in 2011
If you never made any payments since 2011, it *may* have been statute barred when the claim was issued, depending on the months.
Jofubar wrote:
16 Nov 2017 09:53
and pra have the debt at 788 and they only show two year 2016-17. I just don't no what to do. How do I find out my last payment to aqua if it's not on my credit file.
It's a tricky one, you may want to request the info from Aqua, as that would have been before they sold it.
Jofubar wrote:
16 Nov 2017 09:53
Can the bailiffs break into my home as they have applied for a warrant.
No, they can't, the only cases where forced entry is allowed into residential premises is for the recovery of court fines, certainly not for consumer credit debts.
Jofubar wrote:
16 Nov 2017 09:53
What steps should I take? Please can you help me with step by step to try and get this matter sorted. Pra group have doubled the debt and haven't provided me with any documentation nor did I receive from court or I would of acted as soon as I got it.
As per my previous post, you can apply for a stay of execution on an N245: http://hmctsformfinder.justice.gov.uk/H ... rms_id=486 The fee is £50. This only deals with the enforcement, does not remove the judgment.

You may consider a set aside application, for that you need an N244 and the fee is £255. If you are on benefits or on a low income, you may qualify for free remission, see https://formfinder.hmctsformfinder.just ... 0a-eng.pdf

For set aside application:
N244SetAsideApplication.doc
DraftSetAsideOrder.docx
WSSetAside.docx
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Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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