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    Shortcuts for Consumer Credit Court Claims.

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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
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    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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*** DISCONTINUED *** PRA Group for Ex MBNA Debt - CCJ Claim Form

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  • *** DISCONTINUED *** PRA Group for Ex MBNA Debt - CCJ Claim Form

    Hi All,

    Looking for some timely advice on this Claim Pack and how best to proceed.

    Background

    I am disabled (suffering with Muscular Dystrophy since birth) forced to retire on ill health in 2000, ended up looking after both of my elderley parents shortly after (I am an only child, live alone, unmarried, with no children and no relatives). My mother passed away in 2002 leaving me caring for my extremely disabled father with limited NHS Home care support.

    Home Care support was withdrawn in January 2006 (against my father's will) forcing him into a nursing home and necessitating a protracted legal battle to get him home and also the purchase of a wheelchair accessible vehicle (so that I could get him out of the nursing home in the interim). The specialist legal representation was extremely expensive and together with the vehicle resulted in us accruing sizeable debts (principally on my credit cards) and for which we calculated being able to service between us during the next 5 or so years by cutting our spending, to the bone.

    Unfortunately my father passed away at Easter 2007 (largely as a result of the distress caused by the 11 months in the Nursing Home) and at a stroke removed 1.5K per month from household income just as my debt had hit historically high levels. Despite enormous financial hardship I managed to service the ever increasing debts until August 2009 when in agreement with my then Disabled Advocate/Debt Advisor they were allowed to default so that I would have enough income to meet critical household expenditure such as the ever increasing energy bills etc. as the financial crash began to bite. Sadly, this situation has not improved to date.

    NB. My advocacy was lost in 2014 following the loss of the local authority funding upon which this vital disabled charity depended and thus it folded shortly after

    The Debts

    In 2009 the debt advisor completed finanical statements and forwarded these together with details of my personal circumstances and a nominal offer to both card providers (and HSBC in respect of a 600.00 overdraft which fell due when they arbitrarily closed my current account) - details below.

    Barclaycard circa 15,000.00 Offer 1.00
    MBNA 2,998.84 Offer 1.00
    First Direct (HSBC) circa 600.00 Offer 1.00

    MBNA and First Direct accepted the offer and payment has been made ever since. Barclaycard passed the debt to Mercers who were also made the 1.00 offer (last contact Feb 2010) which was never acknowledged. NB. The Barclaycard debt has subsequently been re-sold several times and periodic debt chase letters received from various collectors/owners including MKRR, Raven Recoveries and (currently) Robinson Way none of which have been ever been acknowledged (as suggested by the then debt advisor) nor ANY phone calls ever answered. As I understand it this debt is therefor in fact "Statute Barred"? All of these debts are no longer on my credit report.

    HSBC and MBNA (and their agents) were each written to by my Advocate/Debt Advisor to decist ALL phone calls due to my risk of falling when trying to reach their (frequent) calls (and which had occured in 2011) and also my state of health, being housebound and increasingly anxious (I am currently waiting for counselling as referred by my consultant neurologist).

    The MBNA debt was subsequently passed to Experto Credite/Credit Management Consultants/Activa Kapital and as noted all payments made without issue until Jan 2017 when the payment was returned to the bank. NB. This was only discovered following correspondence received from PRA Group on 8th February. I contacted my Bank who advised that I had cancelled the Standing Order, we eventually established that this was not so (they are to write to me to confim this) and the February payment was made manually. This was also returned stating "Bank Details not recognised" indicating that the account has been changed.

    PRA Group

    I began to receive occasional correspondence from this outfit starting with a "Notice of Name Change" letter dated 8th December 2014 advising that "Aktiv Kapital (UK) Limited has changed its name to PRA Group (UK) Limited" and so paid it no regard as all payments were current and continued being made as arranged with Experto Credite/Aktiv Kapital.

    During the latter part of 2016 I began to receive an increasingly heavy volume of telephone calls (eventually at least once daily) from a number I have subsequently traced back to this PRA Group. As previously advised I do not answer such unsolicited/unidentified calls so as not to put myself to undue risk/stress.

    Letter Before Claim

    On the 8th February I received a "Letter Before Claim" (dated 3rd February) from PRA Group and immediately set about establishing their link to my MBNA debt and confirming my payments with the bank (as noted above). On the 9th of February I telephoned the Citizens Advice Bureau as I was worried by the "legal phraseology" and 19th February deadline referred to in this letter and the possibility of a CCJ to follow. Following internal discussion (including advice sought from one of their debt experts I was informed) it was established that this was not likely and that I should not worry but take a telephone appointment with one of the CAB's debt specialists the earliest of which is currently 7th March.

    CCJ Claim Pack - Particulars of Claim

    Received today (23rd February) with a date of issue of 21st February.

    The particulars of claim notes the following:

    "The claimant claims the sum of 2990.06 for debt and interest. On the 21/2/03 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXX. On 21.03.10 the defendant defaulted on the agreement with an outstanding balance of 2988.64. On 29/12/12 the debt of 2988.64 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of 56.00 received upto 21.11.16 AND THE CLAIMANT CLAIMS 1. The sum of 2931.64 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 21/11/16 to 20/2/17 58.42 and thereafter at a daily rate of 0.64 until judgement or sooner payment.

    Amount Claimed 2990.06 + 105.00 (Court Fee) + 80.00 (Legal representative's costs)

    Correspondence

    I retain all corresepondence related to these debts including those related to the MBNA debt along with all items received from the PRA Group. Chronologically these are as follows, note the constant shift and shift about of letterheads throughout:

    10th September 2009 Letter chasing arrears - Risk Management Alternatives (NCO Europe Limited)
    21st September 2009 Letter with Standing Order details for 1/month - MBNA Credit Card
    Unspecified day October 2009 Letter acknowledging 1.00/month payment - MBNA Europe Bank Limited
    15th October 2009 Arrears Letter - MBNA Credit Card
    6th November 2009 Acknowledgement of financial difficulties - MBNA Europe Bank Limited
    3rd December 2009 Acknowledgement of financial difficulties - MBNA Europe Bank Limited
    10th December 2009 Notice of Sums in Arears - MBNA Credit Card
    9th February 2010 Letter advising serious arrears - MBNA Europe Bank Limited
    9th April 2010 Default Notice - MBNA Europe Bank Limited
    30th April 2010 Letter Advising Varde Investments (Ireland) has bought oustanding balance - Experto Credite
    11th May 2010 Speculative debt chase letter - Experto Credite
    11th October 2011 Speculative debt chase letter - Experto Credite
    14th October 2011 Speculative debt chase letter - Credit Management Consultants
    8th November 2011 Letter acknowledging 1.00/month payment - Experto Credite
    10th January 2012 Letter advising 50% Balance Reduction offer - Credit Management Consultants
    11th April 2012 Letter advising Matched Payment offer - Credit Management Consultants
    12th April 2012 Letter advising Aktiv Kapita Portfolio AS, Zug Branch purchased my 'account'
    5th May 2013 Letter advising installment plan review - Credit Management Consultants
    15th May 2013 Arrears Notice (Incorrect) - Credit Management Consultants
    16th May 2013 Statement of Account: Notes "The Original Lender MBNA Europe Bank Limited" ??
    5th January 2013 Letter advising 70% discount settlement offer - Credit Management Consultants
    3rd April 2013 Letter advising 70% discount settlement offer - Credit Management Consultants
    23rd August 2013 Letter wrongly noting payments made by cheque - Aktiv Kapital
    6th September 2013 Letter advising discount settlement offer - Aktiv Kapital
    8th October 2013 Letter advising discount settlement offer - Aktiv Kapital
    Undated Statement of Account 13.05.13 - 12.05.14 - Acknowledges receipt of 11.00 - Notes: "The Original Creditor: Varde Experto" ??
    8th December 2014 Advice of Name Change Letter - PRA Group
    Undated Statement of Account 13.01.14 - 12.01.15 Acknowledges receipt of 13.00 - Includes referrence to Name Change 06.11.14
    9th February 2016 Account Summary - Notes: "The Original Creditor: Varde Experto" ?? - PRA Group
    12th January 2017 Account Summary - Notes: "The Original Creditor: EX HOMEBASE" ?? - PRA Group
    17th January 2017 Letter Advising PRA Group (UK) Limited has purchased your outstanding balance - PRA Group
    3rd February 2017 Letter before claim - PRA Group
    21st February 2017 CCJ Claim Form - County Court Business Centre, 4th Floor St Katherine's House, Northampton

    To complicate matters I am reliant entirely on the good will of friends when they visit (infrequent) to get out, my own vehicle is off the road (since 2014) due to lack of finances keeping me housebound. My printer is broken so I am unable at present to print any documents. I appreciate that this makes things difficult with production of documents, getting to a Post Office, attending appointments etc. I am sooo frustrated.....Aghhhh:fish:

    Sorry for the comprehensive post just wanted to provide sufficient information to enable your gurus to appreciate the position and what to advise in respect of any proposed defence/response. I will try to keep further responses more brief!!

    PC Pilot.
    Tags: None

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

    Hello...you've been through a torrid time. Its good that you've got all your facts and information together. You've come to the right place and someone will be along shortly to advice. Theres plenty of time to sort this out. Also I think the involvement of Experto Credite will be in your favour. Best wishes and keep strong.

    QCK
    x

    Comment


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

      Hi PC Pilot & welcome to LB.

      The first thing to do is acknowledge the court claim. You can do so online. (See court claim pack)
      For the time being, tick to defend in full.
      If you live in England/Wales, do not contest jurisdiction.
      Don't put anything in the box provided for a defence statement.
      This will buy you some time.....you will have 33 days from the claim issue date to respond in more detail.

      Meanwhile, I'll give our [MENTION=87380]Diana M[/MENTION] a nudge for you.
      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


      • #4
        Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

        Hi I am in a very simular postion , I have been paying Experto for many years and then in December the Standing order was sent back, I had not cancelled this. I have then out of the blue had 3 letters from PRA , I have today sent them by Recorded letter a request for my CCA form and sent them a 1 Postal order . I find it shocking that they can do this. The debt which I am trying to repay is with MBNA and has fallen off my Credit File over two years ago. I am really worried as besides this I have many other debts but have arranged payment plans with them all and not had the disgusting threats these people are using. Can anyone adivce me what is going to happen next as i do not want to ring these people.

        - - - Updated - - -

        Can I ask why is the fact Exporto Credito so important, I have been worrying about this for two days. Any advice will be appreciated.

        Comment


        • #5
          Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

          Hi Jack89,

          How interesting to learn that the despicable tactics of these P aracite's R ecovery A gents imbeciles is being more widely applied......let's hope that the experts here can suggest a way forward for us both such that we cannnot only successfully defend our claims but also expose this "shameful' practice of 'creating' a technical default so as to pursue a County Court Claim in the first case.

          I have reviewed my documents and can at no point find any replacement bank standing order mandate being offered to effect a change of payment account details, simply repeated requests to contact them to 'discuss' the debt. In simple terms a vehicle by which to attempt to extort (through threats/pressure) extra payment amounts off vulnerable individuals who can little afford the sums they would seek during that phone call.....why I was advised NEVER to engage with them by telephone in the first place!

          As if basing an entire business model upon trading on the misery of those already in a vulnerable position were not enough, to then 'create' a default for them with the sole purpose of generating a CCJ under such a doubtful pretext must surely rank amongst the ultimate lows of all time. I can only hope a Judge would regard it as such?

          Whilst I await detailed advice/instructions from those with greater intellect than mine I intend to acknowledge my court claim as kindly suggested by Charitynjw. Maybe like yourself I will be advised to seek the CCA and other documents off this bunch of goons.

          Incidentally, I have also noticed that a PPI was collected as part of my MBNA Card when active not sure if this applies to you as well? .....or indeed makes any difference as my account is in default?

          As others have said....stay strong! So long as these kind people offer their assistance and we share for the benefit of others hopefully justice WILL prevail.

          PC Pilot

          Comment


          • #6
            Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

            Hi I wish I know where I was with this , my debt is over 9 years old , and I was paying it under an agreed process, I wish I knew why everyone is saying why experto are an important link as I was paying them for years and have some paperwork.

            Good luck PC Pilot you are not alone.

            Comment


            • #7
              Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

              ......the more exposure the better....power to your elbow Jack!

              Comment


              • #8
                Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                I was pondering that one too......If it helps Experto Credite appear to have gone into liquidation late last year.......

                PC Pilot

                - - - Updated - - -

                The plot thickens!!��

                Comment


                • #9
                  Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                  Morning [MENTION=98341]PC Pilot[/MENTION] & [MENTION=98399]jack89[/MENTION]

                  PC Pilot
                  Acknowledge the court claim.

                  Send a CCA request + fee to PRA.

                  Send a CPR request via PRA's legal rep.
                  Ask for the Notices of Assignment and the Deeds of Assignment relating to any parties involved in the assignment chain.

                  Link to templates - http://legalbeagles.info/forums/show...it-Court-Claim

                  jack89
                  Has a court claim been issued?
                  Have you had a letter before action/claim yet?

                  You both would be wise to SAR the original creditor.
                  http://www.legalbeagles.info/forums/...ur-information
                  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 for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                    Hi Charitynjw and Jack89

                    Many thanks for your continued support, it is very much appreciated.

                    Jack, same applies to me.....I must confess to being quite anxious as to what PRA can will do and just like you I have been paying back without a fuss over many years......except, now I have no advocate to help and my disability and present isolation is a real issue for me

                    On Monday morning, in accordance with the advice received I intend to acknowledge the claim online ticking that I intend to defend in full....though I must confess to being a little scared by this as I am very much a legal lightweight.

                    With some considerable difficulty...and just a little bargaining , I have arranged for the loan of a printer for 4 days whilst some friends are away on business. They are to drop it off to me late on Monday evening and so I propose to print the documents out on Tuesday and, subject to being able to get out to a Post Office (unfortunately again very much friends' dependant ) I intend to Post all 3 (with enclosed postal orders were applicable) of them by Recorded Delivery shortly after.

                    The proposed letters.

                    NB. The first two are SAR request options composed from the reference documents referred in the links kindly provided yesterday by Charitynjw. The first is a more comprehensive version based upon one used by another forum member in respect of his data request. The second option is the simple framework letter adapted for my particulars.

                    Can anyone on the forum suggest whether I send the more comprehensive version or the simple one remembering that I only have access to a printer for a few days this week so sending further documents may prove more problematic for me .

                    The third is the CCA Request to PRA and the 4th to the legal representative named on the Claim Form. Running the name through the Law Society indicates he/she is engaged as a locum to PRA Group at the same address hence why I have addressed it so. Would appreciate if someone will verify whether all this seems right? ...............Before I print and send.

                    ------------------------------------------------------------------------------------------------------------------------------------------------
                    P.C.Pilot

                    27th February 2017

                    Private & Confidential
                    Compliance Department
                    MBNA Limited
                    PO Box 1004
                    Chester Business Park
                    Wrexham Road
                    CHESTER
                    Cheshire. CH4 9WW

                    Ref: XXXXXXXXXXXXXXXXXXXXX – Credit Card

                    Dear Sir/Madam

                    I formally request, in accordance with the Data Protection Act 1998 (Subject Access Request) that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists and agreements together with the information/data set out below.

                    This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

                    By way of clarification, I would be grateful therefor if you would provide the following: -

                    • Full copies of all contracts, which you believe exist between myself, and your organisation, including copies of any documents you hold in support of same.
                    • Details of the identity of any individuals or third party organisations who have provided you with my personal information together with copies of any letters of instruction provided by them.
                    • Copies of all documents, which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records, which pertain to this information.
                    • Full details and copies of any documents upon which you relied when you provided my personal or financial information to any individual or third party organisation.
                    • Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
                    • Full copies of any correspondence in postal, email or any other format, which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.
                    • Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time, it was held or provided to a third party.
                    • Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
                    • Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices/locations.
                    • Your registration number with the Information Commissioners Office.
                    • Your Consumer Credit License number.

                    Where reference to emails is given above, these emails should be taken from your email servers or backups/archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department/IT providers, who you should contact immediately for their provision.

                    Please confirm whether you hold a physical file with details of my personal and/or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation/communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file.

                    Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorized access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

                    Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organization, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them.

                    If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

                    Under the Data Protection Act 1984/1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission/authority.

                    I enclose the statutory maximum fee of 10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

                    Please note that the above address is the one registered with your organisation and, which you have previously found to be acceptable

                    Yours faithfully,



                    P.C. Pilot. Enc.
                    -------------------------------------------------------------------------------------------------------------------------------------------------
                    P.C.Pilot

                    27th February 2017


                    Private & Confidential
                    Compliance Department
                    MBNA Limited
                    PO Box 1004
                    Chester Business Park
                    Wrexham Road
                    CHESTER
                    Cheshire. CH4 9WW

                    Ref: XXXXXXXXXXXXXXXXXXXXX – Credit Card


                    Dear Sir/Madam

                    1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for any, and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements

                    2. This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

                    3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

                    I enclose the statutory maximum fee of 10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

                    Please note that the above address is the one registered with your organisation and which, you have previously found to be acceptable.

                    Yours faithfully,



                    P.C. Pilot. Enc.
                    -------------------------------------------------------------------------------------------------------------------------------------------------
                    P.C.Pilot

                    27th February 2017


                    Private & Confidential
                    PRA Group (UK) Limited
                    Wells House
                    15-17 Elmfield Road
                    BROMLEY
                    Kent. BR1 1LT



                    Dear Sir/Madam

                    Your Ref: XXXXXXXX

                    Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement, as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

                    I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

                    Your obligation also extends to providing me with a statement of account. I enclose a 1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

                    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

                    I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

                    Yours faithfully,



                    P.C. Pilot. Enc.
                    -------------------------------------------------------------------------------------------------------------------------------------------------
                    P.C.Pilot

                    27th February 2017


                    Private & Confidential
                    FAO. S K Gida
                    PRA Group (UK) Limited
                    Wells House
                    15-17 Elmfield Road
                    BROMLEY
                    Kent. BR1 1LT



                    Dear Sirs,

                    Claim No: XXXXXX

                    Request for documents mentioned in a statement of case under CPR 31.14

                    On 23rd February 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

                    To enable me to file my defence and/or counterclaim, I require inspection of the documents you mention in your statement of case ahead of filing my defence on 24th March 2017.

                    1. Agreement
                    2. Default Notice
                    3. Notice of Assignment
                    4. Formal Demand

                    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

                    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

                    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

                    If you require more time in which to comply with this request, you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

                    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of 1 today, 28th February 2017.

                    I look forward to hearing from you.

                    Yours faithfully,



                    P.C. Pilot. Enc.
                    --------------------------------------------------------------------------------------------------------------------------------------------------
                    Would appreciate if forum members can check through these and make sure (especially the CPR to legal rep) satisfies the particulars of claim in my original post.

                    Thanks again to all for your guidance......don't know where I'd be without it?

                    Regards to all

                    PC Pilot

                    Comment


                    • #11
                      Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                      , I wonder if they ever paid any money to MBNA
                      Jack I may be wrong but as I understand it MBNA 'sold' i.e. WERE PAID an agreed sum to relieve themselves of our debt.......and any further interest in it. Most likely they received pennies on the pound for the privilege of divesting their interest....so they most likely got what they wanted.....

                      The question in my mind is what was the ever revolving interest of the remaining parasites who clearly played patter cake with our debt?........If anyone never got paid it would likely be one of these leeches.....they can look to each other.....and the nasty practices that they employ, maybe this time it backfired on them??

                      Keep strong......

                      PC Pilot

                      Comment


                      • #12
                        Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                        Either of the SARs is sufficient.
                        You might get some resistance (sometimes the Data Controller asks for proof of identification).
                        Be persistent.

                        As previously mentioned, I would also include a request for the Deeds of Assignment in the CPR request
                        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


                        • #13
                          Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                          Hi Charitynjw,

                          Just a couple of questions if I may....

                          Deed of Assignment

                          My choice of terminology was informed solely as a result of having read through the following thread on these forums http://www.legalbeagles.info/forums/...gnment-of-debt having initially used "Deed" of Assignment in the request letter.

                          Can you advise whether I should ask for "Deed" or "Notice" or both in my case?

                          Should I add "I am advised that I do not have provide identification in order for compliance with this request" to the body of the CPR letter?

                          Do all of the other letters seem in order?

                          Thanks

                          PC Pilot

                          Comment


                          • #14
                            Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                            If it were me I'd ask for both the Notices & the Deeds.
                            & a copy of the CCA request 'For information only' enclosed with the CPR (no fee needed with this one) is useful.

                            I wouldn't bother raising ID issues on the CPR.
                            CAVEAT LECTOR

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                            • #15
                              Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

                              Originally posted by PC Pilot View Post
                              Deed of Assignment

                              My choice of terminology was informed solely as a result of having read through the following thread on these forums http://www.legalbeagles.info/forums/...gnment-of-debt having initially used "Deed" of Assignment in the request letter.

                              Can you advise whether I should ask for "Deeds" or "Notice" or both in my case?
                              You need to ask for the Deed (as well as the Notice) of Assignment.

                              You've read an old LB thread (2011). The information contained in it is outdated.

                              Read this post instead because my firm ask for the Deeds and we get them albeit after applications to the court to force discloser >

                              Originally posted by Joanna C View Post
                              Nice try Lowells. For example PRA Group (UK) Limited used to try that one with me about the Deeds of Assignment . After several court hearings they had to provide the Deeds of Assignment. I see no reason why the Lowells assignments should not similarly be disclosed.
                              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

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