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Court Claim PRA Group VS Daley

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  • Court Claim PRA Group VS Daley

    Received a claim? Yes
    Issue Date: 22 December 2016
    Amount approx: £12165.03
    Claimant: PRA Group
    Solicitor: Surjit Gida
    Original Creditor: MBNA

    Particulars of Claim: The Claimant claims the sum of 11545.48 for debt and interest. On 19/11/98 the defendant entered into an agreement with MBNA for a Credit Card under reference xxxxxxxx. On 29/12/12 the defendant defaulted on the agreement with an outstanding balance of 9479.77. On 23/4/12 the debt of 9479.77 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 559.77 received up to 17/4/13 AND THE CLAIMANT CLAIMS 1. The sum of 8920.00 2.Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 17/4/13 to 21/12/16 2625.48 and thereafter at a daily rate of 1.95 until judgment or sooner payment.

    Is the debt Statute Barred? No

    List any letters you have sent:On the 16th April 2013 a CCA request was sent to Aktiv Kapital.
    23 April 2013 reply received advising account "on hold" whilst they tried to locate documents
    05 June 2013 - Documents including a photocopy of an application form, a few copies of statements from 2012 and a photocopy of the Financial & Related Terms were received but no terms and conditions
    12 June 2013 - I responded advising as per my CCA request the documents received did not appear to comply and were missing prescribed terms and conditions etc and re requested documents
    27 June 2013- Aktiv Kapital replied advising they were trying to locate the documents
    21 July 2013 - AK once again forwarded copies of previous documentation sent , I replied the same day advising they had not complied with my request as per CCA request.
    24 April 2014 - Letter received from AK asking if I still lived at my address and to get in touch or advise them when I had moved. I did not reply to this letter.
    24 July 2014 - AK once more forwarded all previous documentation
    08 December 2014 - March 2015 began receiving various letters from PRA Group and constant phone calls to home and work numbers began in earnest.1
    11 MArch 2015 - PRA wrote advising account being dealt with by Litigations Department.
    27 March 2015 - PRA advised account would be passed to Judge & Priestley
    31 March 2015 - I responded by forwarding copies of all of the above correspondence including my CCA request that had not been complied with.
    16 April 2015 - PRA advised once more account with litigation department ( no mention of Judge & Priestley this time).
    28 April 2015 - I responded advising once more that I had been requesting documentation as per CCA request since 2013 which had not been provided. Also requested all calls to cease as now deemed as harrasment. no response from PRA
    14 May 2015 - PRA sent letter threatening either Legal Action or a Home Visit
    22 May 2015 - I responded to the above referring them back to all previous correspondance including their constant calls as harrasemnt and they being unable to locate documentation as requested as per CCA request. No response from PRA
    01 August 2016 - Settlement offer received.
    18 November 2016 - Another letter advising account with Litigations giving 14 days to get in touch, yet all previous correspondance from me to them was being ignored.
    02 December 2016 - Letter re Pre Action Protocol 9 not received until the 10th ) requesting I acknowledge by 18 December 2016 or they woudl commence Court Action
    10 December - Another CCA request sent in response special delivery received by PRA on the 11th December ( therefore prior to their 18 December deadline )
    16 December 2016 - PRA responded once more sending the same information they had been sending since 2013 and giving me 10 days to respond.
    22 December 2016 - Court CLaim received despite me responding by 18th December as requested.
    23 December - I advised CCA request was incomplete.
    29 December 2016 - lodged intention to defend claim and sent CPR request to Surjit Gida

    Any Other Info:



    - - - Updated - - -

    Apologies for the huge amount of info above, thought it best I advise of everything to date.
    I will upload copies of all paperwork received in response to my CCA request shortly.
    In my CPR request I request the Agreement and copies of both assignments as mentioned in the Particulars of Claim

    Thankyou for taking the time to look over this. I am hoping I am on the right track so far.
    Tags: None

  • #2
    Re: Court Claim PRA Group VS Daley

    Good afternoon, welcome to LB,

    Do you still have the documents previously supplied? If so can you post a copy of them after removing your name address and any other personal identifiers.

    It sounds as if these are intended to be a " reconstituted " agreement.

    nem

    Comment


    • #3
      Re: Court Claim PRA Group VS Daley

      Thankyou for your reply.

      I am just trying to upload the documents sent to me now.
      Attached Files

      Comment


      • #4
        Re: Court Claim PRA Group VS Daley

        Originally posted by Daley0 View Post
        Received a claim? Yes
        Issue Date: 22 December 2016
        Amount approx: £12165.03
        Claimant: PRA Group
        Solicitor: Surjit Gida
        Original Creditor: MBNA

        Particulars of Claim: The Claimant claims the sum of 11545.48 for debt and interest. On 19/11/98 the defendant entered into an agreement with MBNA for a Credit Card . . .


        Apologies for the huge amount of info above, thought it best I advise of everything to date.
        I will upload copies of all paperwork received in response to my CCA request shortly.
        In my CPR request I request the Agreement and copies of both assignments as mentioned in the Particulars of Claim

        Thankyou for taking the time to look over this. I am hoping I am on the right track so far.
        No need to apologise for your lengthy post. There's no such thing as 'too much information' in my world

        It seems you've spent three years telling the debt owners that they have not complied with your CCA Request. You've been banging your head on a brick wall since in my experience PRA were likely to issue proceedings no matter what you told them. It's what they do (more later).

        As for being on the right track? So far you seem to have made all the right moves and (hopefully) laid solid paper trail.

        The 'track' this claim will be allocated to is the Fast Track since this claim is for over £10k. This means you'll be at risk of paying the Claimant's legal costs if you lose. The good news is that the Claimant will have to pay your legal costs if they lose

        Di
        Last edited by Diana M; 31st December 2016, 19:23:PM.

        Comment


        • #5
          Re: Court Claim PRA Group VS Daley

          Originally posted by Daley0 View Post
          I am just trying to upload the documents sent to me now.
          The POC state that you entered into an agreement on 19th November 1998.

          That application form is dated 25th January 1999. That appears to be the date the "agreement" was executed.

          You've quite properly redacted loads of stuff on that form so it's not possible to give you an accurate assessment.

          However I can see you ticked 'Yes' to the box for PPI and this will be significant as to whether the Claimant has or has not complied with your CCA Request.

          Di
          Last edited by Diana M; 31st December 2016, 20:50:PM. Reason: Typo computer glitch etc etc

          Comment


          • #6
            Re: Court Claim PRA Group VS Daley

            Thankyou for your replies Diana.

            The POC states the agreement was entered into on the 19th November 1998 , not 2008, so was sometime ago now !

            We did not tick the box for PPI, this was ticked by someone else on the 25th Jan 1999 and the signature in the PPI box is not ours. We have already taken this up with MBNA back in 2010 and we received a refund for the PPI.

            I am hoping the paper trail is fairly solid, but obviously with the amount now that interest has been added over £10 K is is more of a concern if we end up paying their legal costs.

            I hope I have answered all of your questions to date.
            Many Thanks

            Comment


            • #7
              Re: Court Claim PRA Group VS Daley

              Originally posted by Daley0 View Post
              Thankyou for your reply.

              I am just trying to upload the documents sent to me now.
              File won't download.

              nem

              Comment


              • #8
                Re: Court Claim PRA Group VS Daley

                Oh thats strange, I can see its had some views. I will try and upload it again and hopefully it will work this time.

                - - - Updated - - -

                Will this one open ?
                Attached Files

                Comment


                • #9
                  Re: Court Claim PRA Group VS Daley

                  Just a quick bit of advice please if possible.

                  I sent the CPR request to Surjt Gida on the 29th December, I believe I need to lodge my defence by the 20th January.

                  In my CPR request I requested the Agreement and the copies of both Assignments as mentioned int he Particulars of the Claim. I didn't ask for the Default Notice as it was not mentioned particularly in the claim, it just said "On 29/12/12 the defendant defaulted on the agreement".

                  I have been reading a couple of other PRA threads and it seems that although their wording is similar int he particulars of the claim they have still requested the default notice in their CPR letter, so I am just wondering if I should have done the same and should I perhaps send another letter also requesting the default.?

                  Many Thanks for your assistance.

                  Comment


                  • #10
                    Re: Court Claim PRA Group VS Daley

                    Originally posted by Daley0 View Post
                    Just a quick bit of advice please if possible.

                    I sent the CPR request to Surjt Gida on the 29th December, I believe I need to lodge my defence by the 20th January.

                    In my CPR request I requested the Agreement and the copies of both Assignments as mentioned int he Particulars of the Claim. I didn't ask for the Default Notice as it was not mentioned particularly in the claim, it just said "On 29/12/12 the defendant defaulted on the agreement".

                    I have been reading a couple of other PRA threads and it seems that although their wording is similar int he particulars of the claim they have still requested the default notice in their CPR letter, so I am just wondering if I should have done the same and should I perhaps send another letter also requesting the default.?

                    Many Thanks for your assistance.
                    The claimant still has to prove that the account was defaulted and that you were served with a DN giving you a specific within which to remedy the default.

                    nem

                    Comment


                    • #11
                      Re: Court Claim PRA Group VS Daley

                      Thankyou, so I don't need to specifically request it in the CPR then ?
                      Many Thanks for your help

                      Comment


                      • #12
                        Re: Court Claim PRA Group VS Daley

                        Originally posted by Daley0 View Post
                        Thankyou, so I don't need to specifically request it in the CPR then ?
                        Many Thanks for your help
                        Personally I would send an amended CPR request to include the DN.

                        nem

                        Comment


                        • #13
                          Re: Court Claim PRA Group VS Daley

                          Ok will do, many thanks.

                          Comment


                          • #14
                            Re: Court Claim PRA Group VS Daley

                            Originally posted by Daley0 View Post
                            so I don't need to specifically request it in the CPR then ?
                            This claim is heading for the Fast Track where disclosure of all documents in their (and your) possession is mandatory.

                            If they've got the DN they will have to disclose it then.

                            Di

                            Comment


                            • #15
                              Re: Court Claim PRA Group VS Daley

                              Do you recall whether you had any dealings with a business called Experto Credite (Varde) at any time over the years?

                              MBNA assigned loads of accounts to them who subsequently assigned them to Aktiv Kapital which was taken over by PRA.

                              Di

                              Comment

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