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    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

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    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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PRA GROUP V's BRIGO

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  • PRA GROUP V's BRIGO

    I have recieved a claim form from the county court buisiness centre

    the claimant claims the sum of 8511.19 for debt and interest. On the 29/04/08 the defendant entered into an a
    agreement with MBNA for a credit card under ref xxxxxxxxxxxx. On 27/2/10 the dfendant defaulted on the agreement with an outstanding balance of 8140.50 . On the 29/2/12 the debt 8140.50 asigned to Aktive Kapital
    Portfolio AS,Oslo,Zug Branch, who itself assignedthe debt to PRA Group (uk LTD) on 31/12/14. Notices of assignment were sent to the defendant in acordance with S136 law of property act 1925. payments of 51 recieved up to31/5/16 AND THE CLAIMANT CLAIMS 1.the sum of 8084.50 2.Statuary interest pursuant to Section 69 of the county courtAct 1984 at a rate of 8.00% per annum from 31/5/16 to 27/1/17 426.69 and thereafter at a daily rate of 1.77 until judgement or sooner payment

    Surgit Gida

    I have registered Aknowledgement of service today 4 Feb 2017

    the date on form is 2 Feb 2017

    I have said I want to defend the claim.

    What do I do now !!!

    Regards
    Brigo
    Tags: None

  • #2
    Re: PRA GROUP V's BRIGO

    Good morning, welcome to LB,

    The first job is to send a CCA request (for a copy of the MBNA agreement) to PRA there's a 1.00 statutory fee for this, use a Postal Order marked

    " For Statutory Fee Only" . Use the template from the green box at the top of the " court claim" forum and send by signed for post.

    Meanwhile can you post a copy of the claim form (N1) after removing your name and address and the claim number.

    Which Solicitor / Legal Representative is PRA using, you should send a copy of the request to them as well (no).

    Also send the solicitors a request under the provisions of Civil Procedure Rule 31.14 (no fee) this is specifically for the documents mentioned in the particulars of claim, use signed for post.

    Please give us some history of the debt e.g. The default date/date of last payment.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




    Comment


    • #3
      Re: PRA GROUP V's BRIGO

      Originally posted by brigo View Post
      the claimant claims the sum of 8511.19 for debt and interest. On the 29/04/08 the defendant entered into an a
      agreement with MBNA for a credit card under ref xxxxxxxxxxxx. On 27/2/10 the dfendant defaulted on the agreement with an outstanding balance of 8140.50 . On the 29/2/12 the debt 8140.50 asigned to Aktive Kapital
      Portfolio AS,Oslo,Zug Branch, who itself assignedthe debt to PRA Group (uk LTD) on 31/12/14. Notices of assignment were sent to the defendant in acordance with S136 law of property act 1925. payments of 51 recieved up to31/5/16 AND THE CLAIMANT CLAIMS 1.the sum of 8084.50 2.Statuary interest pursuant to Section 69 of the county courtAct 1984 at a rate of 8.00% per annum from 31/5/16 to 27/1/17 426.69 and thereafter at a daily rate of 1.77 until judgement or sooner payment

      Surgit Gida
      Was this MBNA credit card account opened online? I see from the POC that they are saying it was opened in 2008. If you can remember the circumstances of how you opened the account that would be helpful.

      You've posted that the claim form is signed by Surgit Gida as Legal Representative. This means that PRA have not instructed external solicitors since he is currently their Interim Head of Litigation (a solicitor). This means your CCA Request and your CPR 31.14 Request should be sent direct to PRA who will be dealing with the claim in-house.

      They say you were paying 51 per month up until 31st May 2016 (i.e. last year). Does this mean you had an ATP or were in a DMP etc? They say you were defaulted on 27/02/10 so presumably that was as a result of not making the full monthly contractual payments.

      You have 19 days from the claim Issue Date to file your AOS which you have done. Your Defence deadline is 33 days from the claim Issue Date so there's time to do some research first.

      So send a Subject Access Request to MBNA to get the full history of the account enabling you to assess the 'honesty and accuracy' of any documents produced by the Claimant along the line.

      Did you have PPI on this credit card?

      Di
      Last edited by Diana M; 5th February 2017, 11:10:AM. Reason: typo
      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

      This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Re: PRA GROUP V's BRIGO

        Thanky ou for your replies
        I am not that good on computers so please be patient.

        Comment


        • #5
          Re: PRA GROUP V's BRIGO

          Originally posted by brigo View Post
          I am not that good on computers
          Me neither

          Di
          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

          This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Re: PRA GROUP V's BRIGO

            I have already posted details but I seemed to have lost it somewhere.

            I lost my job in 2007 and even though I am working be it on half the money I once earned so paying these old debts just seem impossible.

            I have been paying 1 for years along with 5 or is it 6 others.

            I presume the 51 is all of the 1's added up.

            I think it was originaly virgin money.

            You mention the green box !! the only green box I can see is Whats New and dosnt have
            template letters in,

            Sorry if Im a bit dosey but computers are not my thing

            Thanks again for your help

            Brigo

            Comment


            • #7
              Re: PRA GROUP V's BRIGO

              Originally posted by brigo View Post
              You mention the green box !! the only green box I can see is Whats New and dosnt have
              template letters in,
              Someone on this forum should link you to the template letters which they use. It's Sunday so things are quiet at the moment.

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Re: PRA GROUP V's BRIGO

                Originally posted by brigo View Post
                I think it was originaly virgin money.
                That's useful to know since the POC state it was MBNA

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Re: PRA GROUP V's BRIGO

                  Hi

                  'Someone', at your service
                  http://legalbeagles.info/forums/show...it-Court-Claim
                  Details of CCA & CPR requests can be obtained via this link.
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: PRA GROUP V's BRIGO

                    Thank you

                    Comment


                    • #11
                      Re: PRA GROUP V's BRIGO

                      I have written a cca and cpr and will post tomorrow,thanks for the help.

                      Is there anything else I should do ???
                      Last edited by brigo; 5th February 2017, 20:36:PM.

                      Comment


                      • #12
                        Re: PRA GROUP V's BRIGO

                        Shall I write statutory fee only on the postal order ,?

                        Or the name of the Company and statutory fee only ?

                        sorry if this sounds daft but dont want to give them any excuses.

                        Thanks

                        Comment


                        • #13
                          Re: PRA GROUP V's BRIGO

                          Can anybody advise me please

                          PRA today rang me at work. How they got my work number is beyond me !!!

                          Is there anything I can do to stop them contacting me at work.

                          Comment


                          • #14
                            Re: PRA GROUP V's BRIGO

                            Originally posted by brigo View Post
                            PRA today rang me at work. How they got my work number is beyond me !.
                            Did PRA ring your personal mobile while you were at work or did they ring your office (direct line or switchboard asking for you by name)?

                            Was the 'work' number they called provided by you on your credit application form?

                            Di
                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                            This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Re: PRA GROUP V's BRIGO

                              Originally posted by brigo View Post
                              I have written a cca and cpr and will post tomorrow,thanks for the help.

                              Is there anything else I should do ???
                              Did you send those requests on 6th February?

                              And have you sent a SAR to MBNA yet?

                              Just checking

                              Di
                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                              This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

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