Court claim form

[Julie B]

I have received a claim form, Claimant being PRA group. Im not quite sure which direction to take and am hoping someone can advise me what is best. According to the particulars of the claim, It was an MBNA credit card from back in 1998, defaulted in October 2009 with a balance of £6800.00 odd. Assigned to Aktiv Kapital Feb 2012 then on to PRA Group 31 December 2014. Notices were supposedly sent to me, and payments of 180.00 received up to August 2013. So they're claiming £6700.00 ish . Then statutory interest pursuant to section 69 of the County Courts Act 1984 at rate of 8.00% per annum from 19/08/13 to 8/09/16 1640.82 and thereafter at daily rate of 1.47 until judgement or sooner payment.

So yes I did have this credit card, got into payment difficulties and ended up not able to pay it. I stopped paying. After a fair bit of dispute with MBNA over their irresponsible lending, throwing money at me every time I got near my limit they upped it by another 1000. I never once asked for an increase in my limit, and it got out of hand. Anyway we came to an agreement that they would freeze the interest and I would pay £10 per month for as long as it took. First payment was made October 2010, and continued until August 2013. I had nothing to do with the stopping of payments. I remember somewhere along the line receiving a letter that my account was to be managed by someone else who would honour my current payment agreement. The last payment was August 2013 with no explanation. Then this year I started being hounded morning, noon and night. Phone calls, text messages, non stop, from PRA Group, about this debt. I never acknowledged them. Its been 3 years since the payments stopped coming out of my account.

If Aktiv Kapital took my account over in Feb 2012, and Id been on a payment agreement since Oct 2010 with MBNA, why did they stop taking payments in August 2013, then pass my account on to PRA group in Dec 2014 then start hounding me for money again. I dont know what to do. Is it worth defending the claim. The dates they have given dont seem to make much sense to the payment agreement I had. Should I even have to pay this debt now, I didnt stop the payments. I stuck to the agreement I made, and they just stopped collecting. I would really appreciate some advice here on what course of action I should take with the claim form. Thanks.

[Kati]

Re: Court claim form

[MENTION=87380]Diana M[/MENTION] ... can you help??

[Julie B]

Re: Court claim form

Thanks Kati for responding to my post. Is mine complicated by the fact that I was making payments to them until they stopped collecting, Does that mean defending is a waste of time ? I just dug out a letter I received in August saying my account was now transferred to the Investigations and Litigation Dept. Next paragraph states its a letter before claim. This letter states that PRA Group were assigned my account in March 2012, whereas the particulars of the court claim form say 31/12/14. None of their dates match up and I want to follow the process and defend but is there any point? I am on carers allowance cause I care for an elderly relative, which is why I lost my job back then and got into difficulties paying my debts. I really cant afford to end up with a higher bill than the one I'm already facing if my defence fails, cause its going to be impossible to pay as it is. Should I just admit the debt partly, offer a few pounds a month, and contest the interest and charges ?

[Diana M]

Re: Court claim form

I was making payments to them until they stopped collecting, Does that mean defending is a waste of time ?

. . . This letter states that PRA Group were assigned my account in March 2012, whereas the particulars of the court claim form say 31/12/14. None of their dates match up and I want to follow the process and defend but is there any point?

Defending a claim against PRA is not a waste of time especially if there are inconsistencies with the assignment dates

Have they instructed solicitors or is the claim issued by PRA with Robert Marr as their in-house Legal Representative ?

What is the issue date on the claim form?

Di

[Julie B]

Re: Court claim form

Thanks Diana and I'm glad to hear that because I was starting to get a bit worried about the time scale of things so bit the bullet yesterday and went ahead and sent CCA Request and the CPR too.

And no they haven't instructed solicitors, claim issued by PRA ,on the 12th, with Robert Marr as Legal Rep.

So do I just wait now ? I'm under the impression that CPR I sent has to be complied with within 7 days and CCA within 12, is that right?

[Diana M]

Re: Court claim form

Thanks Diana and I'm glad to hear that because I was starting to get a bit worried about the time scale of things so bit the bullet yesterday and went ahead and sent CCA Request and the CPR too.

And no they haven't instructed solicitors, claim issued by PRA ,on the 12th, with Robert Marr as Legal Rep.

You need to file your Acknowledgement of Service online stating that you intend to defend all of the claim. If possible take a screenshot when it says "Successful" as proof. Do not enter anything in the Defence box at this point (the online form is a bit unclear).

We always recommend that the Defendant should send a Subject Access Request immediately to the original creditor which is MBNA in your case.

And I would also send a SAR to PRA.

This way you'll know what paperwork is potentially 'out there' so if/when the Claimant provides you with any reconstituted documents you'll know if they're 'honest and accurate'.

AK won't have been given the full file from MBNA when the debt was purchased by them so you should see stuff which PRA haven't seen (they acquired AK) which may assist your case

Di

[Julie B]

Re: Court claim form

Is there a template for the SAR anywhere ? And should I sign these requests ? And if so, should I use the anti tamper strip to sign on. Im really reluctant to give my signature. Sorry for all the questions, this really is all new to me and I dont want to mess it up Oh and can PRA request the same from MBNA as me with an SAR ?