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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. #51
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi again Jo, Di/all,

    I realise that I am at serious risk of becoming a real PITA but hoping you can take a look through my proposed defence (Post 44) and the points queried (Posts 49 & 50).....so sorry if the rapidly approaching defence deadline is making me too anxious.....just getting worried and desparrate to get everything right...without panicking too much

    Planning ahead just in case I need to draft/send letters and if so, will need to organise a printer ......unless I can post online or attach as a pdf to an email in case of court defence submission??....
    In particular in respect of the proposed defence above (post 44) I am keen to:

    a) Assure that the content and presentation is an appropriate defence given my particular claim?
    b) Confirm that the admission at point 4 is an appropriate interpretation on my part of the nominal payments as previously agreed?
    c) Confirm whether at point 7 b) I need to be more specific in respect of Varde International or is this a case (as quoted elsewhere) of "less is more at the early stages of litigation"??
    d) Identify if I have overlooked any other vital information for a robust defence?
    At what date would you recommend that I lodge the defence?.......can I do this entirely online (as a pdf or word document) or will a letter be required? ......if you recall I do not currently have a working printer .....so trying to plan ahead.......I have calculated the defence deadline as 24th March (hopefully correctly!!)
    Sorry to keep asking questions........just wanting to be properly prepared
    Thanks as always and best regards

    PC Pilot

    PS. Still (as yet today) no mail from PRA Group Legal Rep re CPR request docs mentioned on PoC.....

  2. #52
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Morning xxx

    4: It is admitted that the Defendant has previously entered into an agreement with MBNA Europe Bank for provision of credit.

    5. Said agreement included an unsolicited provision of Payment Protection Insurance, eligibility for which was contrary to my long term health status.

    6: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    I'd leave out paragraph 6 as it is a little contrary to 4 and 5.

    Having a read through rest and need to refresh back on your thread - so I'll just edit here with comments as I go through it.

    (Just my thoughts mind!)

    Righto - scrap that - as things stand you have very limited information forthcoming from the claimant - so... other issues don't even come into it yet. If they supply documents we should be okay to amend accordingly.

    Amended defence below.

    PROPOSED DEFENCE
    ----------------------------------------------------------------------------------------------

    1: I received the claim [Claim Number XXX] from the County Court Business Centre on 23rd February 2017

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    4: This claim appears to be for a Credit Card agreement between MBNA and myself regulated under the Consumer Credit Act 1974. The statement of case states the agreement is dated February 2003.

    5: In order to find out more information regarding this Claim, on the 27th February 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Surjit Gida (Claimant's Legal Representative). I requested the Claimant provide copies of the Agreement, Default Notice, Deeds of Assignment, Notices of Assignment and Formal Demand. The Claimant mentions the agreement, Default and Notice of Assignment in their statement of case, however there is very little other information in the particulars of claim.

    6. Neither the Claimant, nor the Claimant's Legal Representative have sent any of these documents to me.

    7. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital Portfolio AS, Oslo, Zug Branch on 29th February 2012 and subsequently to PRA Group (UK) Ltd on 31st December 2014. The Defendant does not:
    a) recall receiving notice of this, or any previous, assignment.
    b) recognise the name of the assignee

    8. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    10. On the 27th February 2017 I sent a formal request for a copy of the original agreement to PRA Group (UK) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

    12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    13. No breakdown of the amount claimed, nor detail of how the amount claimed has arisen have been provided.

    14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    15. I have requested the Claimant agree to an extension of time for the filing of this defence pursuant to CPR 15.5, to give them time to provide me with the relevant documents, however they have failed to respond to that request.

    16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the court orders the Claimant bears the costs of that amendment.

    17. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.



    Signed…………………………………………

    Dated .................................................. ....
    Last edited by Amethyst; 20th March 2017 at 10:33:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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  3. #53
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Ok see below. As said before, less is more. Still hang on see if anyone else has any input on it or differing thoughts.

    Needless to say I have still not received ANY response from PRA's Legal Representative in respect of the 7 day CPR Request (now 16 days since they received the letter!) for the documents listed in the POC........do I need to chase these?.....or is that not sensible at this point?

    At what date would you recommend that I lodge the defence?.......can I do this entirely online (as a pdf or word document) or will a letter be required? ......if you recall I do not currently have a working printer .....so trying to plan ahead.......I have calculated the defence deadline as 24th March (hopefully correctly!!)

    No - there is no need to chase.

    No need to enclose copies of letters now - that will come if you get to Witness Statements stage.

    Lodge the defence when it's ready You can submit online through Moneyclaim online service, or you can print to a PDF and attach it to an email to the court ( check their latest email address on the hmcts website) You'll need the relevant headings on it aka http://legalbeagles.info/forums/atta...1&d=1407491762

    We can try add in the PPI issue but tbh at the moment it is irrelevant, and you are uncertain what the claim is for, so can't be sure it is the same account. A PPI missell would really be a counterclaim....but works okay as a defence on a portion of the claim if you can evidence it. Once this is all over with you could look into making a PPI misselling complaint directly to MBNA and then to the FOS if necessary. It is quite possible though that any refund would go to the current assignee of the debt.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  4. #54
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Hi Amethys.....and all,

    Thank you for your timely and most comprehensive response, very much appreciated!

    First in respect of your second post I fully agree with your suggestion
    Still hang on see if anyone else has any input on it or differing thoughts.
    ....though I am concerned not to leave too long as deadline Friday...

    As Jo & Di both appear to have recent experience with this outfit, their litigation personnel and tactics I had hoped that their expertise/input would ensure a more robust attempt than my no doubt amateurish modification of the template That said I respect that they are very busy people no doubt burdened with a heavy caseload and so I have been rather reluctant to trouble them by PM.

    I do however have a few questions (sorry) arising from your earlier posts:

    a) So far as the account concerned
    We can try to add in the PPI issue but at the moment it is irrelevant, and you are uncertain what the claim is for, so can't be sure it is the same account.
    To clarify, I only ever had one relationship with MBNA that was this 'Homebase' branded Credit Card and whilst the balance details supplied are likely inaccurate as stated in the PoC they are broadly in the right ballpark.

    On the other hand, that cannot be said of the train of supposed assignees as the correspondence I have received largely indicates that the parties have merely 'changed their name'? hence
    c) Confirm whether at point 7 b) I need to be more specific in respect of Varde International or is this a case (as quoted elsewhere) of "less is more at the early stages of litigation"??
    b) In respect of the PPI element if I understood Di's reference in post 24 correctly
    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.
    NB. Both issues quoted above (plus the fact that my employment status was 'retired') applied in this case thus identifying as miss-sold?

    In order to comply with your CCA Request they would have to produce the PPI details (T's & C's) as well as the credit agreement.
    I interpreted (probably incorrectly) that this was suggesting that the PPI element be included in the defence in so far as the documentation fails s 78 (1) as not being compliant? NB. The PPI T's & C's (from the 2009 SAR docs) were absent from the CCA provided at that point.

    c) Please excuse my ignorance here what does this mean ?
    17. It is denied that the Claimant is entitled to the relief as claimed or at all.
    ..........is the 'relief' referred to here simply the sum claimed??

    Thanks for everyone's continued patience with me

    PC Pilot

  5. #55
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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
    As Jo & Di both appear to have recent experience with this outfit, their litigation personnel and tactics I had hoped that their expertise/input would ensure a more robust attempt than my no doubt amateurish modification of the template That said I respect that they are very busy people no doubt burdened with a heavy caseload and so I have been rather reluctant to trouble them by PM.
    No need to be reluctant. If you want our help please feel free to ask for it.

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

    This forum’s site rules don’t 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

  6. #56
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    Thanks Di......was simply re
    I realise that I am at serious risk of becoming a real PITA but hoping you can take a look through my proposed defence (Post 44) and the points queried (Posts 49 & 50).....so sorry if the rapidly approaching defence deadline is making me too anxious.....just getting worried and desperate to get everything right...without panicking too much
    Your guidance much appreciated

    PC Pilot

  7. #57
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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,

    Quick update....

    Preparing to send my defence by email. Would be grateful if anyone could confirm that ccbcaq@hmcts.gsi.gov.uk is the correct current address to file a defence with the County Court Business Centre in Northampton? See: https://courttribunalfinder.service....ss-centre-ccbc

    Have also found ccbcdefendants@hmcts.gsi.gov.uk so really confused now......see here https://www.moneyclaimsuk.co.uk/ccbc.aspx ???

    Have PM'd Di with some questions on contents of defence......hope I've done that correctly, presume Di is busy....

    Still no response to CPR request from PRA Legal Rep....

    Thanks as ever....

    PC Pilot
    Last edited by PC Pilot; 22nd March 2017 at 16:01:PM.

  8. #58
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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
    Have PM'd Di with some questions on contents of defence......hope I've done that correctly, presume Di is busy....
    As you anticipated I was busy (in court defeating PRA )

    I've replied to your PM and await your email.

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

    This forum’s site rules don’t 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

  9. #59
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    Default Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

    I hope you have kicked them into touch

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