Court Claim - PRA Group / MBNA - 28-5-2015

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thankyou both for your advice above.

My husband ( this account is in his name ) called J&P yesterday requesting the extension and for them to send an email to confirm this for us to forward to the Court.They said that they have most of the documents but are still awaiting some extra documentation and that they were agreeable to the extension, but they would inform the court and that we did not need to do this ! We advised this was not acceptable and that we also required a copy of this letter confirming the extension. Instead they have forwarded an email reiterating their earlier letter with regards to the CCA request and told us again that the file is now on hold.

I am about to send a reply to their email, detailing again exactly what it is that we are requesting from them.

[FlamingParrot]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thankyou both for your advice above.

My husband ( this account is in his name ) called J&P yesterday requesting the extension and for them to send an email to confirm this for us to forward to the Court.They said that they have most of the documents but are still awaiting some extra documentation and that they were agreeable to the extension, but they would inform the court and that we did not need to do this ! We advised this was not acceptable and that we also required a copy of this letter confirming the extension.

The CPRs are very clear with regards to it being up to the DEFENDANT to notify the court so it is naughty of them to say they'd do it instead of sending them written agreement.

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Instead they have forwarded an email reiterating their earlier letter with regards to the CCA request and told us again that the file is now on hold. I am about to send a reply to their email, detailing again exactly what it is that we are requesting from them.

I wouldn't believe that 'on hold' for a minute, someone on here had their file put 'on hold' until they got the document from the OC and they still requested default judgment when a defence was not filed in time.

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thanks FP,they do sound naughty indeed ! I have sent the email and will let you know if I hear anything back from them.

If not I guess we go with the generic defence you mentioned previously.

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have just received another email from J&P which literally reads like this - Further to our telephone conversation today I confirm I agree to a 28 day extension for you to file a defence.

I attach a copy of the agreement and statements for your perusal and confirm upon receipt of the outstanding documentation I will forward to your without further delay.

I did request that the confirmation of the extension be in letter form on headed paper but this has not been done. I therefore assume that this email will not be sufficient for the court ? They have also attached what they deem to be the documents I have requested. ie they have resent exactly what I have already posted in post number 7 above.

Any thoughts greatly appreciated. Thankyou

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Sorry I'm back again, I went straight back to J&P and asked again for the letter on headed paper agreeing to the extension , which I have now received.

[FlamingParrot]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have just received another email from J&P which literally reads like this - Further to our telephone conversation today I confirm I agree to a 28 day extension for you to file a defence.

I attach a copy of the agreement and statements for your perusal and confirm upon receipt of the outstanding documentation I will forward to your without further delay.

Is there any chance we can take a look at the alleged agreement (remove your personal details first). :typing:

Sorry I'm back again, I went straight back to J&P and asked again for the letter on headed paper agreeing to the extension , which I have now received.

OK, you need to forward that letter to the court.

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Hi FP, the agreement is identical to the one I posted above in post number 7 on the 13th June. That was originally sent to me by AK prior to it becoming PRA and it seems this is what they have forwarded to J&P . J&P have also attached copies of statements but again they are the same as previously received.

I will froward the letter to the court.

Hope this helps. Many Thanks

[FlamingParrot]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Hi FP, the agreement is identical to the one I posted above in post number 7 on the 13th June. That was originally sent to me by AK prior to it becoming PRA and it seems this is what they have forwarded to J&P . J&P have also attached copies of statements but again they are the same as previously received.

I will froward the letter to the court.

Hope this helps. Many Thanks

OK, I'll take a look, just as well you've got the 28 day extension because if they've sent you some documents, you can't just file a defence saying they didn't send you anything. What about the Default Notice and Notice of Assignment?

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Nope no sign of those. They have literally just emailed exactly those documents posted previously and say that on receipt of the requested documentation , as per the CPR request, that they will forward this to us without further delay.

[FlamingParrot]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Nope no sign of those. They have literally just emailed exactly those documents posted previously and say that on receipt of the requested documentation , as per the CPR request, that they will forward this to us without further delay.

OK, you have more than a month to submit your defence now: http://www.timeanddate.com/date/date...&am=&aw=&ad=61

Let's see what they supply you with in the meantime (or not as the case may be). :ranger:

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have had such alot going on and have only just realised that we dont have long now to submit our defence. We have heard nothing further from J&P.

Are there any threads I should be looking on to try and get help with how to word this ? FP you mentioned a few posts above that we cant file a defence saying they didnt send us anything now , so I am just wondering how I am wording this please ?

[FlamingParrot]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have had such alot going on and have only just realised that we dont have long now to submit our defence. We have heard nothing further from J&P.

Are there any threads I should be looking on to try and get help with how to word this ? FP you mentioned a few posts above that we cant file a defence saying they didnt send us anything now , so I am just wondering how I am wording this please ?

If they've sent you some of the documents requested, then you can't say they've not sent anything at all. To recap, can you tell us what documents you have and haven't received?

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have received only the documents attached to my post on the 13th June which were a page of photocopied Financial terms and a photocopy entitled credit card agreement regulated by the consumer credit act 1974 which states it was page one of 2, but I only received page 1. This has been sent to me three times in all by AK , and now J&P. I also have a bunch of photocopied credit card statements. This is all I have received.

I do not have a copy of a default notice or notice of assignment and I am assuming that the agreement I have posted on here isnt a correct agreement from what I was told previously ?

Thanks FP

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have just found the Example Defence Thread and copied and pasted the document filling in the gaps. I am unsure of a few things so I have highlighted those in Red.


1: I received the claim ******** from the Northampton County Court on ******. ( this was the date the claim was dated, I am unsure when we received it as we were away when it arrived, is it ok to use the issue date instead ? )


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into. The claim DOES state the date that the agreement was entered into

6. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment. Do I need to mention that it was originally assigned to AK and then to PRA , or only mention PRA ?

7. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.( I think I can remove this section, as there was no mention of a default notice in the particulars of the claim, therefore we did not request it . If it is recommended that we should ask for it I am assuming that we can still do so.?

8: On the ***** I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge & Priestley . I requested the Claimant provide copies of the Agreement and Notice of Assignment .

9. Judge & Priestley have not sent any of these documents to me. But they have sent me photocopies of the documents posted on this thread, so should I mention that I have received some paperwork, just not what I have asked for ?

10. On the*****I sent a formal request for a copy of the original agreement to PRA Group pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Am I saying section 77 or 78, as my CCA letter said 77-79? I have heard nothing from PRA

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

I am sure it needs changing / amending and it seems very basic, should I be adding in more detail of some sort ? Many Thanks again for taking a look at this for me.

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Just to recap, copies of documents received from J&P attached .

Sorry for all of the posts today, just trying to sort this while I have a second. Thankyou.