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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

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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 court claim for old MBNA debt

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  • PRA court claim for old MBNA debt

    I've had exactly the same thing happen to me with the exact same wording. Court claim made 1st March 2017 implying that I had defaulted on the agreement even though they sent me letters at the end of last year with a statement of account showing that all payments were up-to-date and received their letter notifying me that they are the new owners of the debt 3 months after their initial letter! I have written asking for a notice of assignment and await to hear. In the meantime putting together my defense with all the evidence and stating that it is an abusive process and they are estopped from bringing a claim. Don't know if I am doing the right thing - anyone like to comment please?
    Tags: None

  • #2
    Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Originally posted by MELSON View Post
    Court claim made 1st March 2017 implying that I had defaulted on the agreement even though they sent me letters at the end of last year with a statement of account showing that all payments were up-to-date and received their letter notifying me that they are the new owners of the debt 3 months after their initial letter! I have written asking for a notice of assignment and await to hear. In the meantime putting together my defense with all the evidence and stating that it is an abusive process and they are estopped from bringing a claim. Don't know if I am doing the right thing
    Why don't you start a thread for your claim then you'll get help for your particular situation.

    I'm not sure pleading estoppel would be the right thing but let's wait until you post up the details before jumping to conclusions.

    If you have trouble starting a thread maybe [MENTION=49370]Kati[/MENTION] will be able to help you.

    In the meantime have you filed your Acknowledgement of Service?

    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


    • #3
      Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

      Originally posted by Diana M View Post
      If you have trouble starting a thread maybe @Kati will be able to help you.
      sorted
      [MENTION=99365]MELSON[/MENTION] ... here's your new thread xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: MELSON thread

        Hi Melson,

        Better that [MENTION=49370]Kati[/MENTION] has created you your own thread....the support here is truly amazing and a great weight off the mind to know someone is on your side

        Guidance here is also superb.....can not speak more highly about the folks and their advice on how best to respond to the shady dealings of these low life bottom feeders from the PRA Group

        Don't panic, fight the sods as the beagles suggest and STAY STRONG!!

        From my experience it helps if you can get your paperwork in order, create a timeline as to who sent what letter when and what followed next right up to the current point.....it will help the 'experts' here to guide what is best for your situation.

        Remembering though when posting information here (especially in respect of the Particulars of Claim (PoC) details on the Court Claim Form you have received) take care to remove any identifiable details (i.e. Redact your information so that your name/address, the Claim No and any supporting documentation uploaded as required cannot serve to identify you (and thus the advice on how you will defend the claim) to the Claimants/Claimant's representatives!

        Identify and post any court deadlines you must work to so that help can be prioritorised accordingly. A good first step is the date of issue of the claim and then the date by which you must acknowledge service of the claim with the court and (if that's already done) the deadline by which you must provide your defence to the court.

        Obviously my situation struck a cord with you as being broadly similar (there are many many others here strikingly similar as well!!), clearly this is a favoured tactic of this particular outfit. Just curious here, but were you paying your 'arranged' repayment to Experto Credite by any chance?? Payments stopped being accepted Jan 17 and returned to your bank?? Claim received in due course shortly after that??

        Good luck and stick with it...the folks here are v good

        PC Pilot

        Comment


        • #5
          Re: MELSON thread

          thank you pc

          Comment


          • #6
            PRA court claim for old MBNA debt

            Need advice on how to defend a court claim please.
            I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month. The reason for the initial default was that I had to give up work to became a full-time carer for my dementia sufferer mother and still am her main carer.

            According to the claim, MBNA assigned the debt apparently to Aktiv Kapital who in turn assigned it to PRA in 2014 (apparently). I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".

            It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"

            The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!

            However, on the claim form they state "..Payments of 307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.

            I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they too wrote and told me so 4 months after the date that they claim they received last payment.

            I attach all correspondence with identifiable references removed and in chronological order. What are my rights and how can I defend this? I also attach my draft defence inviting comments and guidance from you good people.
            Attached Files

            Comment


            • #7
              Re: PRA court claim for old MBNA debt

              One quick question if I may.

              Does the name Experto Credite or Varde mean anything to you?

              (I'll take a peek at those uploads later.)

              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 court claim for old MBNA debt

                Yes. MBNA sold it to Experto Credite who in turn sold it to Aktiv Kapital who in their letter to me requested Experto to continue managing the account. Have never heard of Varde

                Comment


                • #9
                  Re: PRA court claim for old MBNA debt

                  tagging [MENTION=87380]Diana M[/MENTION] xx
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: PRA court claim for old MBNA debt

                    Originally posted by MELSON View Post
                    Need advice on how to defend a court claim please.
                    I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month. The reason for the initial default was that I had to give up work to became a full-time carer for my dementia sufferer mother and still am her main carer.

                    According to the claim, MBNA assigned the debt apparently to Aktiv Kapital who in turn assigned it to PRA in 2014 (apparently). I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".

                    It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"

                    The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!

                    However, on the claim form they state "..Payments of 307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.

                    I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they too wrote and told me so 4 months after the date that they claim they received last payment.

                    I attach all correspondence with identifiable references removed and in chronological order. What are my rights and how can I defend this? I also attach my draft defence inviting comments and guidance from you good people.
                    Does anyone have any advice please? Court notice is dated 1st March and I am rapidly approaching deadline. Thanks in advance.

                    Comment


                    • #11
                      Re: PRA court claim for old MBNA debt

                      .....Hang in there Melson,

                      I expect that the key folks are busy just now......I'm also waiting (patiently but nervously) for a follow up on my case.....my defence deadline is this FRIDAY!

                      If you look in on my thread this will give you some idea of the suggestions I have received in respect of my defence...this was adapted from a standard template on these forums....see how you might adapt in a similar vein to suit your specific circumstances and then post your proposed (amended template) defence on this thread for further comment...

                      I hope this offers a little more direction whilst you wait for further comment.

                      Best regards,

                      PC Pilot

                      Comment


                      • #12
                        Re: PRA court claim for old MBNA debt

                        Defence Example

                        Comment


                        • #13
                          Re: PRA court claim for old MBNA debt

                          thank you PC & Mike770. PRA have until this Sunday to respond to my letter.

                          Comment


                          • #14
                            Re: PRA court claim for old MBNA debt

                            [MENTION=1937]nemisis[/MENTION]

                            Comment


                            • #15
                              Re: PRA court claim for old MBNA debt

                              As far as I am aware you have 33 days from the Issue Date on the claim form to file your Defence.....Date of issue of claim 1st March by my calculation suggests Monday 3rd April as a deadline see:

                              https://www.timeanddate.com/date/dat...&aw=&ad=33&rec

                              .........sorry Melson, speed reading your thread just realised you meant PRA reply deadline.......dooh! Please ignore the above, I am sure that you already well aware of that......will wind my neck back in now....


                              PC Pilot
                              Last edited by PC Pilot; 22nd March 2017, 13:23:PM. Reason: Misread previous post

                              Comment

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