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Thread: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Date 21

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  1. #1
    PC Pilot's Avatar

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    Default PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Date 21

    Hi All,

    Looking for some timely advice on this Claim Pack and how best to proceed.

    Background

    I am disabled (suffering with Muscular Dystrophy since birth) forced to retire on ill health in 2000, ended up looking after both of my elderley parents shortly after (I am an only child, live alone, unmarried, with no children and no relatives). My mother passed away in 2002 leaving me caring for my extremely disabled father with limited NHS Home care support.

    Home Care support was withdrawn in January 2006 (against my father's will) forcing him into a nursing home and necessitating a protracted legal battle to get him home and also the purchase of a wheelchair accessible vehicle (so that I could get him out of the nursing home in the interim). The specialist legal representation was extremely expensive and together with the vehicle resulted in us accruing sizeable debts (principally on my credit cards) and for which we calculated being able to service between us during the next 5 or so years by cutting our spending, to the bone.

    Unfortunately my father passed away at Easter 2007 (largely as a result of the distress caused by the 11 months in the Nursing Home) and at a stroke removed £1.5K per month from household income just as my debt had hit historically high levels. Despite enormous financial hardship I managed to service the ever increasing debts until August 2009 when in agreement with my then Disabled Advocate/Debt Advisor they were allowed to default so that I would have enough income to meet critical household expenditure such as the ever increasing energy bills etc. as the financial crash began to bite. Sadly, this situation has not improved to date.

    NB. My advocacy was lost in 2014 following the loss of the local authority funding upon which this vital disabled charity depended and thus it folded shortly after

    The Debts

    In 2009 the debt advisor completed finanical statements and forwarded these together with details of my personal circumstances and a nominal offer to both card providers (and HSBC in respect of a £600.00 overdraft which fell due when they arbitrarily closed my current account) - details below.

    Barclaycard circa £15,000.00 Offer £1.00
    MBNA £ 2,998.84 Offer £1.00
    First Direct (HSBC) circa £ 600.00 Offer £1.00

    MBNA and First Direct accepted the offer and payment has been made ever since. Barclaycard passed the debt to Mercers who were also made the £1.00 offer (last contact Feb 2010) which was never acknowledged. NB. The Barclaycard debt has subsequently been re-sold several times and periodic debt chase letters received from various collectors/owners including MKRR, Raven Recoveries and (currently) Robinson Way none of which have been ever been acknowledged (as suggested by the then debt advisor) nor ANY phone calls ever answered. As I understand it this debt is therefor in fact "Statute Barred"? All of these debts are no longer on my credit report.

    HSBC and MBNA (and their agents) were each written to by my Advocate/Debt Advisor to decist ALL phone calls due to my risk of falling when trying to reach their (frequent) calls (and which had occured in 2011) and also my state of health, being housebound and increasingly anxious (I am currently waiting for counselling as referred by my consultant neurologist).

    The MBNA debt was subsequently passed to Experto Credite/Credit Management Consultants/Activa Kapital and as noted all payments made without issue until Jan 2017 when the payment was returned to the bank. NB. This was only discovered following correspondence received from PRA Group on 8th February. I contacted my Bank who advised that I had cancelled the Standing Order, we eventually established that this was not so (they are to write to me to confim this) and the February payment was made manually. This was also returned stating "Bank Details not recognised" indicating that the account has been changed.

    PRA Group

    I began to receive occasional correspondence from this outfit starting with a "Notice of Name Change" letter dated 8th December 2014 advising that "Aktiv Kapital (UK) Limited has changed its name to PRA Group (UK) Limited" and so paid it no regard as all payments were current and continued being made as arranged with Experto Credite/Aktiv Kapital.

    During the latter part of 2016 I began to receive an increasingly heavy volume of telephone calls (eventually at least once daily) from a number I have subsequently traced back to this PRA Group. As previously advised I do not answer such unsolicited/unidentified calls so as not to put myself to undue risk/stress.

    Letter Before Claim

    On the 8th February I received a "Letter Before Claim" (dated 3rd February) from PRA Group and immediately set about establishing their link to my MBNA debt and confirming my payments with the bank (as noted above). On the 9th of February I telephoned the Citizens Advice Bureau as I was worried by the "legal phraseology" and 19th February deadline referred to in this letter and the possibility of a CCJ to follow. Following internal discussion (including advice sought from one of their debt experts I was informed) it was established that this was not likely and that I should not worry but take a telephone appointment with one of the CAB's debt specialists the earliest of which is currently 7th March.

    CCJ Claim Pack - Particulars of Claim

    Received today (23rd February) with a date of issue of 21st February.

    The particulars of claim notes the following:

    "The claimant claims the sum of 2990.06 for debt and interest. On the 21/2/03 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXX. On 21.03.10 the defendant defaulted on the agreement with an outstanding balance of 2988.64. On 29/12/12 the debt of 2988.64 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 56.00 received upto 21.11.16 AND THE CLAIMANT CLAIMS 1. The sum of 2931.64 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 21/11/16 to 20/2/17 58.42 and thereafter at a daily rate of 0.64 until judgement or sooner payment.

    Amount Claimed 2990.06 + 105.00 (Court Fee) + 80.00 (Legal representative's costs)

    Correspondence

    I retain all corresepondence related to these debts including those related to the MBNA debt along with all items received from the PRA Group. Chronologically these are as follows, note the constant shift and shift about of letterheads throughout:

    10th September 2009 Letter chasing arrears - Risk Management Alternatives (NCO Europe Limited)
    21st September 2009 Letter with Standing Order details for £1/month - MBNA Credit Card
    Unspecified day October 2009 Letter acknowledging £1.00/month payment - MBNA Europe Bank Limited
    15th October 2009 Arrears Letter - MBNA Credit Card
    6th November 2009 Acknowledgement of financial difficulties - MBNA Europe Bank Limited
    3rd December 2009 Acknowledgement of financial difficulties - MBNA Europe Bank Limited
    10th December 2009 Notice of Sums in Arears - MBNA Credit Card
    9th February 2010 Letter advising serious arrears - MBNA Europe Bank Limited
    9th April 2010 Default Notice - MBNA Europe Bank Limited
    30th April 2010 Letter Advising Varde Investments (Ireland) has bought oustanding balance - Experto Credite
    11th May 2010 Speculative debt chase letter - Experto Credite
    11th October 2011 Speculative debt chase letter - Experto Credite
    14th October 2011 Speculative debt chase letter - Credit Management Consultants
    8th November 2011 Letter acknowledging £1.00/month payment - Experto Credite
    10th January 2012 Letter advising 50% Balance Reduction offer - Credit Management Consultants
    11th April 2012 Letter advising Matched Payment offer - Credit Management Consultants
    12th April 2012 Letter advising Aktiv Kapita Portfolio AS, Zug Branch purchased my 'account'
    5th May 2013 Letter advising installment plan review - Credit Management Consultants
    15th May 2013 Arrears Notice (Incorrect) - Credit Management Consultants
    16th May 2013 Statement of Account: Notes "The Original Lender MBNA Europe Bank Limited" ??
    5th January 2013 Letter advising 70% discount settlement offer - Credit Management Consultants
    3rd April 2013 Letter advising 70% discount settlement offer - Credit Management Consultants
    23rd August 2013 Letter wrongly noting payments made by cheque - Aktiv Kapital
    6th September 2013 Letter advising discount settlement offer - Aktiv Kapital
    8th October 2013 Letter advising discount settlement offer - Aktiv Kapital
    Undated Statement of Account 13.05.13 - 12.05.14 - Acknowledges receipt of £11.00 - Notes: "The Original Creditor: Varde Experto" ??
    8th December 2014 Advice of Name Change Letter - PRA Group
    Undated Statement of Account 13.01.14 - 12.01.15 Acknowledges receipt of £13.00 - Includes referrence to Name Change 06.11.14
    9th February 2016 Account Summary - Notes: "The Original Creditor: Varde Experto" ?? - PRA Group
    12th January 2017 Account Summary - Notes: "The Original Creditor: EX HOMEBASE" ?? - PRA Group
    17th January 2017 Letter Advising PRA Group (UK) Limited has purchased your outstanding balance - PRA Group
    3rd February 2017 Letter before claim - PRA Group
    21st February 2017 CCJ Claim Form - County Court Business Centre, 4th Floor St Katherine's House, Northampton

    To complicate matters I am reliant entirely on the good will of friends when they visit (infrequent) to get out, my own vehicle is off the road (since 2014) due to lack of finances keeping me housebound. My printer is broken so I am unable at present to print any documents. I appreciate that this makes things difficult with production of documents, getting to a Post Office, attending appointments etc. I am sooo frustrated.....Aghhhh:fish:

    Sorry for the comprehensive post just wanted to provide sufficient information to enable your gurus to appreciate the position and what to advise in respect of any proposed defence/response. I will try to keep further responses more brief!!

    PC Pilot.

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    QCKate's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hello...you've been through a torrid time. Its good that you've got all your facts and information together. You've come to the right place and someone will be along shortly to advice. Theres plenty of time to sort this out. Also I think the involvement of Experto Credite will be in your favour. Best wishes and keep strong.

    QCK
    x

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi PC Pilot & welcome to LB.

    The first thing to do is acknowledge the court claim. You can do so online. (See court claim pack)
    For the time being, tick to defend in full.
    If you live in England/Wales, do not contest jurisdiction.
    Don't put anything in the box provided for a defence statement.
    This will buy you some time.....you will have 33 days from the claim issue date to respond in more detail.

    Meanwhile, I'll give our @Diana M a nudge for you.
    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.
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    The last words of John Sedgwick

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi I am in a very simular postion , I have been paying Experto for many years and then in December the Standing order was sent back, I had not cancelled this. I have then out of the blue had 3 letters from PRA , I have today sent them by Recorded letter a request for my CCA form and sent them a £1 Postal order . I find it shocking that they can do this. The debt which I am trying to repay is with MBNA and has fallen off my Credit File over two years ago. I am really worried as besides this I have many other debts but have arranged payment plans with them all and not had the disgusting threats these people are using. Can anyone adivce me what is going to happen next as i do not want to ring these people.

    - - - Updated - - -

    Can I ask why is the fact Exporto Credito so important, I have been worrying about this for two days. Any advice will be appreciated.

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    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi Jack89,

    How interesting to learn that the despicable tactics of these P aracite's R ecovery A gents imbeciles is being more widely applied......let's hope that the experts here can suggest a way forward for us both such that we cannnot only successfully defend our claims but also expose this "shameful' practice of 'creating' a technical default so as to pursue a County Court Claim in the first case.

    I have reviewed my documents and can at no point find any replacement bank standing order mandate being offered to effect a change of payment account details, simply repeated requests to contact them to 'discuss' the debt. In simple terms a vehicle by which to attempt to extort (through threats/pressure) extra payment amounts off vulnerable individuals who can little afford the sums they would seek during that phone call.....why I was advised NEVER to engage with them by telephone in the first place!

    As if basing an entire business model upon trading on the misery of those already in a vulnerable position were not enough, to then 'create' a default for them with the sole purpose of generating a CCJ under such a doubtful pretext must surely rank amongst the ultimate lows of all time. I can only hope a Judge would regard it as such?

    Whilst I await detailed advice/instructions from those with greater intellect than mine I intend to acknowledge my court claim as kindly suggested by Charitynjw. Maybe like yourself I will be advised to seek the CCA and other documents off this bunch of goons.

    Incidentally, I have also noticed that a PPI was collected as part of my MBNA Card when active not sure if this applies to you as well? .....or indeed makes any difference as my account is in default?

    As others have said....stay strong! So long as these kind people offer their assistance and we share for the benefit of others hopefully justice WILL prevail.

    PC Pilot

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi I wish I know where I was with this , my debt is over 9 years old , and I was paying it under an agreed process, I wish I knew why everyone is saying why experto are an important link as I was paying them for years and have some paperwork.

    Good luck PC Pilot you are not alone.

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    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    ......the more exposure the better....power to your elbow Jack!

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    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    I was pondering that one too......If it helps Experto Credite appear to have gone into liquidation late last year.......

    PC Pilot

    - - - Updated - - -

    The plot thickens!!��

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Morning @PC Pilot & @jack89

    PC Pilot
    Acknowledge the court claim.

    Send a CCA request + fee to PRA.

    Send a CPR request via PRA's legal rep.
    Ask for the Notices of Assignment and the Deeds of Assignment relating to any parties involved in the assignment chain.

    Link to templates - http://legalbeagles.info/forums/show...it-Court-Claim

    jack89
    Has a court claim been issued?
    Have you had a letter before action/claim yet?

    You both would be wise to SAR the original creditor.
    http://www.legalbeagles.info/forums/...ur-information
    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 for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi Charitynjw and Jack89

    Many thanks for your continued support, it is very much appreciated.

    Jack, same applies to me.....I must confess to being quite anxious as to what PRA can will do and just like you I have been paying back without a fuss over many years......except, now I have no advocate to help and my disability and present isolation is a real issue for me

    On Monday morning, in accordance with the advice received I intend to acknowledge the claim online ticking that I intend to defend in full....though I must confess to being a little scared by this as I am very much a legal lightweight.

    With some considerable difficulty...and just a little bargaining , I have arranged for the loan of a printer for 4 days whilst some friends are away on business. They are to drop it off to me late on Monday evening and so I propose to print the documents out on Tuesday and, subject to being able to get out to a Post Office (unfortunately again very much friends' dependant ) I intend to Post all 3 (with enclosed postal orders were applicable) of them by Recorded Delivery shortly after.

    The proposed letters.

    NB. The first two are SAR request options composed from the reference documents referred in the links kindly provided yesterday by Charitynjw. The first is a more comprehensive version based upon one used by another forum member in respect of his data request. The second option is the simple framework letter adapted for my particulars.

    Can anyone on the forum suggest whether I send the more comprehensive version or the simple one remembering that I only have access to a printer for a few days this week so sending further documents may prove more problematic for me .

    The third is the CCA Request to PRA and the 4th to the legal representative named on the Claim Form. Running the name through the Law Society indicates he/she is engaged as a locum to PRA Group at the same address hence why I have addressed it so. Would appreciate if someone will verify whether all this seems right? ...............Before I print and send.

    ------------------------------------------------------------------------------------------------------------------------------------------------
    P.C.Pilot

    27th February 2017

    Private & Confidential
    Compliance Department
    MBNA Limited
    PO Box 1004
    Chester Business Park
    Wrexham Road
    CHESTER
    Cheshire. CH4 9WW

    Ref: XXXXXXXXXXXXXXXXXXXXX – Credit Card

    Dear Sir/Madam

    I formally request, in accordance with the Data Protection Act 1998 (Subject Access Request) that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists and agreements together with the information/data set out below.

    This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

    By way of clarification, I would be grateful therefor if you would provide the following: -

    • Full copies of all contracts, which you believe exist between myself, and your organisation, including copies of any documents you hold in support of same.
    • Details of the identity of any individuals or third party organisations who have provided you with my personal information together with copies of any letters of instruction provided by them.
    • Copies of all documents, which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records, which pertain to this information.
    • Full details and copies of any documents upon which you relied when you provided my personal or financial information to any individual or third party organisation.
    • Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
    • Full copies of any correspondence in postal, email or any other format, which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.
    • Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time, it was held or provided to a third party.
    • Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
    • Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices/locations.
    • Your registration number with the Information Commissioners Office.
    • Your Consumer Credit License number.

    Where reference to emails is given above, these emails should be taken from your email servers or backups/archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department/IT providers, who you should contact immediately for their provision.

    Please confirm whether you hold a physical file with details of my personal and/or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation/communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file.

    Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorized access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

    Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organization, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them.

    If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

    Under the Data Protection Act 1984/1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission/authority.

    I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

    Please note that the above address is the one registered with your organisation and, which you have previously found to be acceptable

    Yours faithfully,



    P.C. Pilot. Enc.
    -------------------------------------------------------------------------------------------------------------------------------------------------
    P.C.Pilot

    27th February 2017


    Private & Confidential
    Compliance Department
    MBNA Limited
    PO Box 1004
    Chester Business Park
    Wrexham Road
    CHESTER
    Cheshire. CH4 9WW

    Ref: XXXXXXXXXXXXXXXXXXXXX – Credit Card


    Dear Sir/Madam

    1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for any, and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements

    2. This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

    3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

    I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

    Please note that the above address is the one registered with your organisation and which, you have previously found to be acceptable.

    Yours faithfully,



    P.C. Pilot. Enc.
    -------------------------------------------------------------------------------------------------------------------------------------------------
    P.C.Pilot

    27th February 2017


    Private & Confidential
    PRA Group (UK) Limited
    Wells House
    15-17 Elmfield Road
    BROMLEY
    Kent. BR1 1LT



    Dear Sir/Madam

    Your Ref: XXXXXXXX

    Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement, as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

    I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

    Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

    I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    Yours faithfully,



    P.C. Pilot. Enc.
    -------------------------------------------------------------------------------------------------------------------------------------------------
    P.C.Pilot

    27th February 2017


    Private & Confidential
    FAO. S K Gida
    PRA Group (UK) Limited
    Wells House
    15-17 Elmfield Road
    BROMLEY
    Kent. BR1 1LT



    Dear Sirs,

    Claim No: XXXXXX

    Request for documents mentioned in a statement of case under CPR 31.14

    On 23rd February 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of the documents you mention in your statement of case ahead of filing my defence on 24th March 2017.

    1. Agreement
    2. Default Notice
    3. Notice of Assignment
    4. Formal Demand

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

    If you require more time in which to comply with this request, you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 28th February 2017.

    I look forward to hearing from you.

    Yours faithfully,



    P.C. Pilot. Enc.
    --------------------------------------------------------------------------------------------------------------------------------------------------
    Would appreciate if forum members can check through these and make sure (especially the CPR to legal rep) satisfies the particulars of claim in my original post.

    Thanks again to all for your guidance......don't know where I'd be without it?

    Regards to all

    PC Pilot

  11. #11
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    , I wonder if they ever paid any money to MBNA
    Jack I may be wrong but as I understand it MBNA 'sold' i.e. WERE PAID an agreed sum to relieve themselves of our debt.......and any further interest in it. Most likely they received pennies on the pound for the privilege of divesting their interest....so they most likely got what they wanted.....

    The question in my mind is what was the ever revolving interest of the remaining parasites who clearly played patter cake with our debt?........If anyone never got paid it would likely be one of these leeches.....they can look to each other.....and the nasty practices that they employ, maybe this time it backfired on them??

    Keep strong......

    PC Pilot

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Either of the SARs is sufficient.
    You might get some resistance (sometimes the Data Controller asks for proof of identification).
    Be persistent.

    As previously mentioned, I would also include a request for the Deeds of Assignment in the CPR request
    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

  13. #13
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi Charitynjw,

    Just a couple of questions if I may....

    Deed of Assignment

    My choice of terminology was informed solely as a result of having read through the following thread on these forums http://www.legalbeagles.info/forums/...gnment-of-debt having initially used "Deed" of Assignment in the request letter.

    Can you advise whether I should ask for "Deed" or "Notice" or both in my case?

    Should I add "I am advised that I do not have provide identification in order for compliance with this request" to the body of the CPR letter?

    Do all of the other letters seem in order?

    Thanks

    PC Pilot

  14. #14
    charitynjw's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    If it were me I'd ask for both the Notices & the Deeds.
    & a copy of the CCA request 'For information only' enclosed with the CPR (no fee needed with this one) is useful.

    I wouldn't bother raising ID issues on the CPR.
    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

  15. #15
    Diana M's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Quote Originally Posted by PC Pilot View Post
    Deed of Assignment

    My choice of terminology was informed solely as a result of having read through the following thread on these forums http://www.legalbeagles.info/forums/...gnment-of-debt having initially used "Deed" of Assignment in the request letter.

    Can you advise whether I should ask for "Deeds" or "Notice" or both in my case?
    You need to ask for the Deed (as well as the Notice) of Assignment.

    You've read an old LB thread (2011). The information contained in it is outdated.

    Read this post instead because my firm ask for the Deeds and we get them albeit after applications to the court to force discloser >

    Quote Originally Posted by Joanna C View Post
    Nice try Lowells. For example PRA Group (UK) Limited used to try that one with me about the Deeds of Assignment . After several court hearings they had to provide the Deeds of Assignment. I see no reason why the Lowells assignments should not similarly be disclosed.
    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    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

  16. #16
    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi Diana M

    Thanks for the timely clarification I will amend my draft CPR letter to also include the request for Deed of Assignment as well as the notice.

    What do yo consider is the likelihood that the CPR & CCA document requests will be forthcoming from the PRA Group? Would this be the sole basis of defence? .......or would my circumstances (especially the returned payments) as outlined in my OP form a part? This is worrying me somewhat as I have kind of gotten used to these sort of outfits steamrollering their way through to imposing higher payments backed by the CCJ......
    -------------------------------------------------------------------------------------------------------------------------------------------------
    Charitynjw thanks for the pointers....confirmed eloquently by Dianna M....re Deed of Assignment, I had already placed the following paragraph toward the close of the CPR draft "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 28th February 2017." .......I take it that this is what you had in mind?

    Point noted in respect of the ID.....will avoid any mention leaving draft as is.

    Thanks again

    PC Pilot

  17. #17
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Quote Originally Posted by PC Pilot View Post
    Jack I may be wrong but as I understand it MBNA 'sold' i.e. WERE PAID an agreed sum to relieve themselves of our debt.......and any further interest in it. Most likely they received pennies on the pound for the privilege of divesting their interest....so they most likely got what they wanted.....

    The question in my mind is what was the ever revolving interest of the remaining parasites who clearly played patter cake with our debt?........If anyone never got paid it would likely be one of these leeches.....they can look to each other.....and the nasty practices that they employ, maybe this time it backfired on them??

    Keep strong......

    PC Pilot
    A debt is known as a 'thing (or a chose) in action', & as such the benefits (ie payment) can be assigned via s136 Law of Property Act 1925. Once this has been brought to your attention (ie via a Notice of Assignment...but there isn't a specific method; an ordinary letter would suffice), it becomes a legal assignment for the purposes of the Act.
    The burden of the contract remains with the initial assignor (ie the original creditor).
    If, for instance, you wanted to reclaim PPI, you would (in the first instance) approach the original creditor, not the assignee.
    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

  18. #18
    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    ....glad I suggested I maybe wrong....

    I certainly wasn't aware that MBNA (original creditor) were not able to relinquish the "burden" of contract through the process of sale/assignment merely that said assignment allows for payments (benefits) to be collected by the assignee....

    Your comment in respect of PPI responsibility perhaps hints at an answer to my somewhat speculative observation in post #5
    Incidentally, I have also noticed that a PPI was collected as part of my MBNA Card when active not sure if this applies to you as well? .....or indeed makes any difference as my account is in default?
    will/does this have any relevance now/later to my position?

    PC Pilot

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Update..............

    AoS - defend in full selected - completed (and accepted) online today 27th February 2017

  20. #20
    charitynjw's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Quote Originally Posted by PC Pilot View Post
    ....glad I suggested I maybe wrong....

    I certainly wasn't aware that MBNA (original creditor) were not able to relinquish the "burden" of contract through the process of sale/assignment merely that said assignment allows for payments (benefits) to be collected by the assignee....

    Your comment in respect of PPI responsibility perhaps hints at an answer to my somewhat speculative observation in post #5 will/does this have any relevance now/later to my position?

    PC Pilot
    With a regulated agreement, some statutory duties are passed to the assignee via the Consumer Credit Act (e.g., the duty to respond to a s78 request if applicable).
    With that in mind, & with particular reference to PPI

    78Duty to give information to debtor under running-account credit agreement.

    (1)
    The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
    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

  21. #21
    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi to all,

    A very quick update to advise that:

    1. Letter with SAR Request enclosing Postal Order for £10.00 crossed for Subject Access Request only sent Recorded Delivery to MBNA
    2. Letter with CCA Request enclosing Postal Order for £1.00 crossed for Consumer Credit Agreement Provision only sent Recorded Delivery to PRA Group (UK)
    3. Letter with CPR Request sent Recorded Delivery to S K Gida (PRA Group (UK) Legal Rep) enclosing copy of CCA request to PRA Group (UK)

    All posted today.

    Quick question, what next? Panicking as I only have access to the borrowed printer until Friday.....do I have to send anything else? What happens next? Just keen to get all my ducks in a row. lol.

    Never felt quite so helpless with my disability and restricted circumstances...aghhhh!!

    ......as ever so many thanks for everybody's help this far.

    PC Pilot

  22. #22
    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi to all,

    Still trying to get all of my ducks in a row and thought a quick update might be welcome.

    Having still not received the promised letter from my bank I took the opportunity of a quieter Sunday evening to make a chase call.

    Now that a CCJ is involved management have taken control and promise correspondence by return confirming that the Standing Order in place to pay Experto Credite was:

    1. Not EVER cancelled by me.
    2. Initially set up in November 2011 and made the first payment of £1 on 2nd December 2011 - Separately confirmed by a letter and a hand written note on it made by myself at that time!
    3. Payment frequency was monthly (as established on their letter of 8th November 2011 - see correspondence list at start of thread)
    4. NO PAYMENTS have ever been missed since that date up to and including 2nd March 2017 (albeit Jan, Feb & Mar returned)
    5. Before this Standing Order payment of £1 per month was made (also by Standing Order) direct to MBNA commencing 21st October 2009 in accordance with the agreed plan.
    6. Tapes of my conversations with bank staff both on 8th February 2017 and today (5th March 2017) will be set aside/made available if required.
    7. Management are to call tomorrow to confirm that an appropriate letter has been produced and is on its way.

    Story somewhat different to that portrayed on the 'Particulars of Claim' don't you think?.......

    Just what are these characters playing at??

    PC Pilot

  23. #23
    PC Pilot's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi Diana M & all....

    Further update, correspondence received this afternoon from PRA Group....suitably redacted.

    Any suggestions as to what happens now?

    Sorry to appear thick, not having a good day .....and my head all over the place.

    Thanks

    PC Pilot

    ps. Just noticed that they have spelled my name incorrectly.....it has previously always been the correct spelling btw. Doubt this is of any significance....just mentioning in case!

  24. #24
    Diana M's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Quote Originally Posted by PC Pilot View Post
    Incidentally, I have also noticed that a PPI was collected as part of my MBNA Card when active not sure if this applies to you as well? .....or indeed makes any difference as my account is in default?
    I've only just seen this statement in post # 5.

    Are you saying that you had been paying for PPI despite having health issues since birth? If that policy was missold (or in some cases customers didn't even know it had been added to their account) then it may well be relevant to this claim.

    In order to comply with your CCA Request they would have to produce the PPI details (Ts & Cs) as well as the credit agreement.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    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

  25. #25
    Diana M's Avatar

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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Quote Originally Posted by PC Pilot View Post
    Further update, correspondence received this afternoon from PRA Group

    Any suggestions as to what happens now?
    There's nothing you need to do in response to that letter.

    It's an admission that they haven't got your credit agreement in their possession at this moment in time.

    That could change so don't get overly excited.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    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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