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Thread: PRA GROUP V's BRIGO

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  1. #1
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    Default PRA GROUP V's BRIGO

    I have recieved a claim form from the county court buisiness centre

    the claimant claims the sum of 8511.19 for debt and interest. On the 29/04/08 the defendant entered into an a
    agreement with MBNA for a credit card under ref xxxxxxxxxxxx. On 27/2/10 the dfendant defaulted on the agreement with an outstanding balance of 8140.50 . On the 29/2/12 the debt 8140.50 asigned to Aktive Kapital
    Portfolio AS,Oslo,Zug Branch, who itself assignedthe debt to PRA Group (uk LTD) on 31/12/14. Notices of assignment were sent to the defendant in acordance with S136 law of property act 1925. payments of £51 recieved up to31/5/16 AND THE CLAIMANT CLAIMS 1.the sum of 8084.50 2.Statuary interest pursuant to Section 69 of the county courtAct 1984 at a rate of 8.00% per annum from 31/5/16 to 27/1/17 426.69 and thereafter at a daily rate of 1.77 until judgement or sooner payment

    Surgit Gida

    I have registered Aknowledgement of service today 4 Feb 2017

    the date on form is 2 Feb 2017

    I have said I want to defend the claim.

    What do I do now !!!

    Regards
    Brigo

  2. #2
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    Default Re: PRA GROUP V's BRIGO

    Good morning, welcome to LB,

    The first job is to send a CCA request (for a copy of the MBNA agreement) to PRA there's a £1.00 statutory fee for this, use a Postal Order marked

    " For Statutory Fee Only" . Use the template from the green box at the top of the " court claim" forum and send by signed for post.

    Meanwhile can you post a copy of the claim form (N1) after removing your name and address and the claim number.

    Which Solicitor / Legal Representative is PRA using, you should send a copy of the request to them as well (no).

    Also send the solicitors a request under the provisions of Civil Procedure Rule 31.14 (no fee) this is specifically for the documents mentioned in the particulars of claim, use signed for post.

    Please give us some history of the debt e.g. The default date/date of last payment.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  3. #3
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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    the claimant claims the sum of 8511.19 for debt and interest. On the 29/04/08 the defendant entered into an a
    agreement with MBNA for a credit card under ref xxxxxxxxxxxx. On 27/2/10 the dfendant defaulted on the agreement with an outstanding balance of 8140.50 . On the 29/2/12 the debt 8140.50 asigned to Aktive Kapital
    Portfolio AS,Oslo,Zug Branch, who itself assignedthe debt to PRA Group (uk LTD) on 31/12/14. Notices of assignment were sent to the defendant in acordance with S136 law of property act 1925. payments of £51 recieved up to31/5/16 AND THE CLAIMANT CLAIMS 1.the sum of 8084.50 2.Statuary interest pursuant to Section 69 of the county courtAct 1984 at a rate of 8.00% per annum from 31/5/16 to 27/1/17 426.69 and thereafter at a daily rate of 1.77 until judgement or sooner payment

    Surgit Gida
    Was this MBNA credit card account opened online? I see from the POC that they are saying it was opened in 2008. If you can remember the circumstances of how you opened the account that would be helpful.

    You've posted that the claim form is signed by Surgit Gida as Legal Representative. This means that PRA have not instructed external solicitors since he is currently their Interim Head of Litigation (a solicitor). This means your CCA Request and your CPR 31.14 Request should be sent direct to PRA who will be dealing with the claim in-house.

    They say you were paying £51 per month up until 31st May 2016 (i.e. last year). Does this mean you had an ATP or were in a DMP etc? They say you were defaulted on 27/02/10 so presumably that was as a result of not making the full monthly contractual payments.

    You have 19 days from the claim Issue Date to file your AOS which you have done. Your Defence deadline is 33 days from the claim Issue Date so there's time to do some research first.

    So send a Subject Access Request to MBNA to get the full history of the account enabling you to assess the 'honesty and accuracy' of any documents produced by the Claimant along the line.

    Did you have PPI on this credit card?

    Di
    Last edited by Diana M; 5th February 2017 at 10:10:AM. Reason: typo
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: PRA GROUP V's BRIGO

    Thanky ou for your replies
    I am not that good on computers so please be patient.

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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    I am not that good on computers
    Me neither

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: PRA GROUP V's BRIGO

    I have already posted details but I seemed to have lost it somewhere.

    I lost my job in 2007 and even though I am working be it on half the money I once earned so paying these old debts just seem impossible.

    I have been paying £1 for years along with 5 or is it 6 others.

    I presume the £51 is all of the £1's added up.

    I think it was originaly virgin money.

    You mention the green box !! the only green box I can see is Whats New and dosnt have
    template letters in,

    Sorry if Im a bit dosey but computers are not my thing

    Thanks again for your help

    Brigo

  7. #7
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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    You mention the green box !! the only green box I can see is Whats New and dosnt have
    template letters in,
    Someone on this forum should link you to the template letters which they use. It's Sunday so things are quiet at the moment.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    I think it was originaly virgin money.
    That's useful to know since the POC state it was MBNA

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #9
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    Default Re: PRA GROUP V's BRIGO

    Hi

    'Someone', at your service
    http://legalbeagles.info/forums/show...it-Court-Claim
    Details of CCA & CPR requests can be obtained via this link.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: PRA GROUP V's BRIGO

    Thank you

  11. #11
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    Default Re: PRA GROUP V's BRIGO

    I have written a cca and cpr and will post tomorrow,thanks for the help.

    Is there anything else I should do ???
    Last edited by brigo; 5th February 2017 at 19:36:PM.

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    Default Re: PRA GROUP V's BRIGO

    Shall I write statutory fee only on the postal order ,?

    Or the name of the Company and statutory fee only ?

    sorry if this sounds daft but dont want to give them any excuses.

    Thanks

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    Default Re: PRA GROUP V's BRIGO

    Can anybody advise me please

    PRA today rang me at work. How they got my work number is beyond me !!!

    Is there anything I can do to stop them contacting me at work.

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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    PRA today rang me at work. How they got my work number is beyond me !.
    Did PRA ring your personal mobile while you were at work or did they ring your office (direct line or switchboard asking for you by name)?

    Was the 'work' number they called provided by you on your credit application form?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  15. #15
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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    I have written a cca and cpr and will post tomorrow,thanks for the help.

    Is there anything else I should do ???
    Did you send those requests on 6th February?

    And have you sent a SAR to MBNA yet?

    Just checking

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: PRA GROUP V's BRIGO

    I have sent the requests on the 7th of Feb .

    I havnt sent a SAR ..... thinking about an IVA ..... Bancruptcy

    Tooooo much to handle

    Thanks for the help and advice Di

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    Default Re: PRA GROUP V's BRIGO

    It was on my mobile but I only use it for work and to my knowledge have never given it out

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    Default Bankruptcy and your home

    Can any body tell me, do they take your home in bankruptcy ?

    Just an option Im considering

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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    It was on my mobile but I only use it for work and to my knowledge have never given it out
    You've never knowingly given it out but it's amazing how these debt purchasers find out these things.

    So does this mean that only you would be likely to answer that mobile and it's registered in your own name?

    In other words PRA can't be accused of calling you 'at work' in harassment terms?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by brigo View Post
    ..... thinking about an IVA ..... Bancruptcy

    Tooooo much to handle
    I see from your other thread that you're considering bankruptcy. This may well be the way forward for you, but don't let one court claim push you over the edge especially if it has the potential to be successfully defended.

    Quote Originally Posted by brigo View Post
    Can any body tell me, do they take your home in bankruptcy ?
    Quote Originally Posted by brigo View Post
    Just an option Im considering

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: PRA GROUP V's BRIGO

    Quote Originally Posted by Diana M View Post
    You've never knowingly given it out but it's amazing how these debt purchasers find out these things.

    So does this mean that only you would be likely to answer that mobile and it's registered in your own name?

    In other words PRA can't be accused of calling you 'at work' in harassment terms?

    Di
    I suppose that is correct Di

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    Default Re: Bankruptcy and your home

    It depends on the ammouint of equity you have in your property usualy
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

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    Default Re: Bankruptcy and your home

    Quote Originally Posted by brigo View Post
    Can any body tell me, do they take your home in bankruptcy ?
    Is your home in your sole name or joint names?

    Is there any equity in the property?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Bankruptcy and your home

    Sole ownership and yes about 60k but absolutely no chance of remortgage

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    Default Re: Bankruptcy and your home

    Quote Originally Posted by brigo View Post
    Sole ownership and yes about 60k but absolutely no chance of remortgage
    Who's after you and for how much,explain no chance of remortgage.

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