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Court claim with PRA

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  • #31
    Re: Court claim with PRA

    Would you leave it a bit before I send of the questionnaire too see if they reply to my request.

    Comment


    • #32
      Re: Court claim with PRA

      Originally posted by Bingbunny View Post
      Would you leave it a bit before I send of the questionnaire too see if they reply to my request.
      Don't miss the time limit to return the questionnaire!

      nem

      Comment


      • #33
        Re: Court claim with PRA

        Originally posted by Bingbunny View Post
        Would you leave it a bit before I send of the questionnaire too see if they reply to my request.
        Well, look at it this way, the sooner you return the DQ the sooner the case will be allocated to a county court.

        I see no need to rush until a bit more research has been done. Give it a few days (but don't miss the deadline).

        It may depend on whether PRA disclose any documents and whether that means you wish to file an Amended Defence as a result.

        Or you may want to make a Part 18 Request before the claim is allocated to any Track.

        Does the name "Experto Credite" ring any bells with you? Were you ever asked to pay them at any point, or was your MBNA account assigned direct to Aktiv Kapital in 2012 without the intervention of anyone other than MBNA?

        Di

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        • #34
          Re: Court claim with PRA

          No mbna assigned it direct to Aktiv Kapital

          Comment


          • #35
            Re: Court claim with PRA

            I have done the SAR request to MBNA, it says they have 40 days to reply which is after my deadline for the questionnaire. I will be sending this off tomorrow recorded. I'm a little lost as if I should wait a few days to see if PRA reply to my requests. Then just fill out the best I can the questionnaire as not entirely sure what I should put down for the answers.

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            • #36
              Re: Court claim with PRA

              The DQ is about allocating the claim to the Fast Track so it's asking questions in order for the court to be able to issue Directions etc.

              This is not dependent on you receiving documents from the Claimant in response to your CCA Request.

              The SAR is for background information purposes only. It's to help you with your evidence and to cross check any documents produced by the other side. It won't matter if it takes 40 days (MBNA are usually pretty quick with SARs) because Fast Track cases run for 30 weeks from allocation, assuming everything goes according to plan.

              What you need to keep in mind is that in the FT the loser has to pay the other side's legal costs.

              Di

              Comment


              • #37
                Re: Court claim with PRA

                Originally posted by Bingbunny View Post
                Hi, I have come home today and opened a letter of notice of proposed to the fast track and directions questionnaire, currently have lots of other stresses with my ex partner at the moment and wondered if at this point PRA would maybe take a settlement or will they just go all the way to get the full amount as I can't afford all of it. I have sent the cca last week recorded they should have recieved this today..
                Hello

                Your DQ deadline is 20th February so I thought I'd check for an update to see if you've had any response from PRA to your CCA Request and/or to your CPR 31.14 Request?

                They have a habit of sending back the £1 postal order but that makes no difference to your valid request (it simply acts as acknowledgement that they've received it).

                So have you received a letter saying they have the documents in their possession or that they will be asking the original creditor to provide them? I hope it's the latter.

                Di

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