**WON!!** County court letter - PRA/MBNA

[Diana M]

Re: County court letter - PRA/MBNA

as per the 'first steps' guide I found on here, it advises me to send a CPR 31 request to their solicitor. As there is no solicitor mentioned on the claim form, should I send this request direct to PRA

Yes send the CPR 31.14 Request direct to PRA if they are using in-house legals. I expect the name Robert Marr is on the bottom of the claim form as Legal Representative. He's their Litigation Director.

Di

[nemesis45]

Re: County court letter - PRA/MBNA

[QUOTE=Diana M;665804]Yes send the CPR 31.14 Request direct to PRA if they are using in-house legals. I expect the name Robert Marr is on the bottom of the claim form as Legal Representative.

It is and on many other " in house legal departments"
I dealt with Marr some years ago when he fronted in house legal at 1st Credit how ever at that point he was not authorised to practice.

nem

[nemesis45]

Re: County court letter - PRA/MBNA

1st Credit at that time was headed by Najib Nathoo now boss at Robinson Way seems old contacts meet up again.

nem

Edit not working again.

[Dh99may]

Re: County court letter - PRA/MBNA

Thanks all!
Ill send the this,and amend slighlty the the section referring to the CCA request as I have done that seperatley.

I really appreciate all the help you have offered.

[Dh99may]

Re: County court letter - PRA/MBNA

Good afternoon everybody

Further to my recent letters to PRA (CRA req/ and CP31.14.
I have today received
Postal order - saying they didn't need
Copy of MNBA credit card agreement dated 21/01/2005
Copy of an MBNA card statement dated 15.10/2012

I have not been sent the additional documents requested , namely
Default notice
Assignment to Aktiv Kapital
Formal demand

If anyone could give me any further guidance, that would be really appreciated .

[nemesis45]

Re: County court letter - PRA/MBNA

Good afternoon everybody

Further to my recent letters to PRA (CRA req/ and CP31.14.
I have today received
Postal order - saying they didn't need
Copy of MNBA credit card agreement dated 21/01/2005
Copy of an MBNA card statement dated 15.10/2012

I have not been sent the additional documents requested , namely
Default notice
Assignment to Aktiv Kapital
Formal demand

If anyone could give me any further guidance, that would be really appreciated .

Hi,

Please post copies of the documents you have received after removing you name and address and any account number.

Were those additional documents request with the CCA request od via CPR 31.4?

nem

[Dh99may]

Re: County court letter - PRA/MBNA

Hi,

Please post copies of the documents you have received after removing you name and address and any account number.

Were those additional documents request with the CCA request od via CPR 31.4?

nem

Apologies for the delay , and the quality of the documents If the quality is too bad for all to see, I can try and re post .
I initially requested the CCA, so Im assuming this is why I dont have the additional documents.
I sent the CPR31.14 the day after , 1st class recorded which has been received .

Thanks again

[Dh99may]

Re: County court letter - PRA/MBNA

Hello again
I've attached copies of docs received so far. Still no sign of assignment or formal notice.
Is there something you recommend I do in the meantime?

Thank you.

[nemesis45]

Re: County court letter - PRA/MBNA

Hi,
It's an application for + an incomplete statement, lacking terms and conditions.

However it has to be remembered that English Civil Law claims are decided on the balance of probabilities and we have seen one very recent case decided with judgement for the claimant with no agreement having been disclosed and yet another in process where the original creditor has confirmed there is no agreement and the claimant has stated this in their response to the defence.

It's still possible though to argue that the document is only an application form that has not been signed by the OC and is also only close inspection
is only 1 of 20 pages and is therefore incomplete.

nem

[Dh99may]

Re: County court letter - PRA/MBNA

Good evening everyone,
Further to my previous post, I have not received any further correspondence in respect of my CPR31.14 request from PRA. All they have sent is a single page /application , and a copy of the MBNA card statement. No assignment or formal notice.
Should I send a 2nd request? and when should I contact the court to let them know the situation.

Thanks again

[Dh99may]

Re: County court letter - PRA/MBNA

Good afternoon

I do hope there is someone who can offer assistance with my case.
PRA recieved my CPR31.14 request on the 29th July ,
I have eventually recieved a response , the letter was dated 18th August, and i received 20th August .
I have the documents as posted earlier in this thread, along with
a copy of a letter from Aktiv Kapital dated 29/12/2012-
a letter from PRA informing me that the account had been sold to PRA - dated 09/01/2015
a letter from PRA informing me that thr account had been transferred to the Investigations and Litigations dept within PRA- dated 23/06/16.

The cover letter with these documents apolgises for delay , but adds that the do not have a copy of the 'default notice that was sent to me from the original creditor' . They will send when recieved.

Please can someone let me know whether I should be contacting the court , or a legal representative? I have legal expenses cover on my home insurance policy, perhaps this is an avenue I could follow.
I am extremely worried that due to the delay with PRA responding, I may get into futher problems and I dont know what to do .

Thanks to anyone who can give any advice , regardless of how small, I'd be very grateful

[Kati]

Re: County court letter - PRA/MBNA

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[nemesis45]

Re: County court letter - PRA/MBNA

Good evening everyone,
Further to my previous post, I have not received any further correspondence in respect of my CPR31.14 request from PRA. All they have sent is a single page /application , and a copy of the MBNA card statement. No assignment or formal notice.
Should I send a 2nd request? and when should I contact the court to let them know the situation.

Thanks again

Yes send a 2nd request make sure yo are only asking for documents specifically mentioned in the particulars of claim if you ask for anything else I suspect it will be ignored.
Remind them the CPR remains relevant until the claim is actually allocated to the small claims track.

nem

[nemesis45]

Re: County court letter - PRA/MBNA

Good afternoon

I do hope there is someone who can offer assistance with my case.
PRA recieved my CPR31.14 request on the 29th July ,
I have eventually recieved a response , the letter was dated 18th August, and i received 20th August .
I have the documents as posted earlier in this thread, along with
a copy of a letter from Aktiv Kapital dated 29/12/2012-
a letter from PRA informing me that the account had been sold to PRA - dated 09/01/2015
a letter from PRA informing me that thr account had been transferred to the Investigations and Litigations dept within PRA- dated 23/06/16.

The cover letter with these documents apolgises for delay , but adds that the do not have a copy of the 'default notice that was sent to me from the original creditor' . They will send when recieved.

Please can someone let me know whether I should be contacting the court , or a legal representative? I have legal expenses cover on my home insurance policy, perhaps this is an avenue I could follow.
I am extremely worried that due to the delay with PRA responding, I may get into futher problems and I dont know what to do .

Thanks to anyone who can give any advice , regardless of how small, I'd be very grateful

Hello DH,
No actual agreement supplied just an application form? Are there any pages of Terms & Conditions , I ask because if AK /PRA is claiming that the docs supplied are a " reconstituted " agreement without the T's & C's it is of no merit.

nem

[Dh99may]

Re: County court letter - PRA/MBNA

Yes send a 2nd request make sure yo are only asking for documents specifically mentioned in the particulars of claim if you ask for anything else I suspect it will be ignored.
Remind them the CPR remains relevant until the claim is actually allocated to the small claims track.

nem

Thanks so much!
Yes, I've only asked for relevant documents. Is there a specific way to ask, I was going to acknowledge that they has sent me just 2 pages of the MBNA application form, and that I await receipt of the default notice from the original creditor, will it be ok to just say, add that the CPR remains relevant until the claim is allocated to the small claims track?

Thanks again