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Please Help: County Court Claim
Received a claim
Issue Date: 21/02/2017
Amount approx: £7078
Claimant: PRA Group
Solicitor: Surjit Gida (Legal Rep)
Original Creditor: NBNA
Particulars of Claim:
The Claimant claims the sum of 7078.00 for debt and interest. On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx.
On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76. On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014.
Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925.
Payments of 54.00 received up to 13/09/2016.
The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63
Daily rate of 1.50 until judgment or sooner payment.
Is the debt Statute Barred: No
Info: My mother over the phone registered for a credit card, there was no signing of an agreement. In 2009 her husband, my father developed cancer while working abroad. He carried two thirds of their house hold income. Finances grew increasingly as time went on. I assist as much as possible. All other banks when informed of the situation froze their accounts and worked on a solution. MBNA differed and instead raised interest rates. In May 2010 She defaulted once again. On 04/06/2010 NBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter). On the 30th My father died at home with my mother, she had no ability to pay.
On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of NBNA including the outstanding balance. Thus the legal owner of the account. Under the terms of this assignment Experto Credite have been appointed to recover any and all debt. (I have this letter). She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy), appologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by NBNA.
Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account. At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail.
This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying. On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76. They have stated they have been advised of a payment arrangement set up with Experto Credite. And although they own the account, "you should still continue to make your payments to Experto Credite" "Experto Credite will advise us of all the payments you make so we can keep your account up to date" (I have this letter)
On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010), paid £13... (1 every month from since agreement) and the current balance is £6892.76. She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again (I have several examples of offers).
She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA. Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76. On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK). Then saying they have been assigned the account from Aktiv Kapital. "You do not need to do anything as a result of this change. We will continue to accept payments in the name of Aktiv Kapital, So no changes of payment are needed". (I have this letter)
On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed. Also saying "Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter). Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying.
On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script.
On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings. She calls them up and informs them of the agreement to which they say they haven't been sent payment.... She checks every month without fault and her last payments at the end of the year show payments go through.... She argues and yes calls them a liar. They don't say why or give a reason for not getting payment.
On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00.... So she goes back to her last statement and sees payments are being made, to the agreed. Her statements come after the 9th of every month and is actually stated on her statements.... So she couldn't check her Dec-Jan Statement. She goes with the premise that as usual they are calling to force a new agreement or get something.
She gets one more letter from PRA stating again its with the Investigations Department.... Then on the21 /02/2017 she is sent a County Court Claim Form. She still only has her house to her name and zero finance ability. So she contacts me and I look into what I can but I am no lawyer...
I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???! Being informed its under a investigation and litigation department.... http://www.expertocredite.com/
This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation... Or that they weren't paying... To investigate this third party who was being paid.... The totals from the statements also don't match up to the statement in the claim.... 54 is not correct that's even less. She has only missed 1 payment because it was refunded, she wasn't informed at all of anything. This can't be fair or legal. And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change.....
I am lost in how to put a defense down, as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it. This can't be legal, any help, identifying legislation, OFT guideline, code of practice or just how to act would be appreciated.
I am getting in touch with a financial Ombudsman on Monday, also Citizen Advice, then gaining statements for every single month to prove payments, I have copies of all these letters. But pretty sure in a defense you can only have like 200 characters. And defense on what grounds....
How can a claim be like this even be able to be filed....
Issue Date: 21/02/2017
Amount approx: £7078
Claimant: PRA Group
Solicitor: Surjit Gida (Legal Rep)
Original Creditor: NBNA
Particulars of Claim:
The Claimant claims the sum of 7078.00 for debt and interest. On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx.
On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76. On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014.
Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925.
Payments of 54.00 received up to 13/09/2016.
The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63
Daily rate of 1.50 until judgment or sooner payment.
Is the debt Statute Barred: No
Info: My mother over the phone registered for a credit card, there was no signing of an agreement. In 2009 her husband, my father developed cancer while working abroad. He carried two thirds of their house hold income. Finances grew increasingly as time went on. I assist as much as possible. All other banks when informed of the situation froze their accounts and worked on a solution. MBNA differed and instead raised interest rates. In May 2010 She defaulted once again. On 04/06/2010 NBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter). On the 30th My father died at home with my mother, she had no ability to pay.
On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of NBNA including the outstanding balance. Thus the legal owner of the account. Under the terms of this assignment Experto Credite have been appointed to recover any and all debt. (I have this letter). She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy), appologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by NBNA.
Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account. At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail.
This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying. On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76. They have stated they have been advised of a payment arrangement set up with Experto Credite. And although they own the account, "you should still continue to make your payments to Experto Credite" "Experto Credite will advise us of all the payments you make so we can keep your account up to date" (I have this letter)
On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010), paid £13... (1 every month from since agreement) and the current balance is £6892.76. She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again (I have several examples of offers).
She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA. Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76. On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK). Then saying they have been assigned the account from Aktiv Kapital. "You do not need to do anything as a result of this change. We will continue to accept payments in the name of Aktiv Kapital, So no changes of payment are needed". (I have this letter)
On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed. Also saying "Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter). Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying.
On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script.
On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings. She calls them up and informs them of the agreement to which they say they haven't been sent payment.... She checks every month without fault and her last payments at the end of the year show payments go through.... She argues and yes calls them a liar. They don't say why or give a reason for not getting payment.
On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00.... So she goes back to her last statement and sees payments are being made, to the agreed. Her statements come after the 9th of every month and is actually stated on her statements.... So she couldn't check her Dec-Jan Statement. She goes with the premise that as usual they are calling to force a new agreement or get something.
She gets one more letter from PRA stating again its with the Investigations Department.... Then on the21 /02/2017 she is sent a County Court Claim Form. She still only has her house to her name and zero finance ability. So she contacts me and I look into what I can but I am no lawyer...
I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???! Being informed its under a investigation and litigation department.... http://www.expertocredite.com/
This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation... Or that they weren't paying... To investigate this third party who was being paid.... The totals from the statements also don't match up to the statement in the claim.... 54 is not correct that's even less. She has only missed 1 payment because it was refunded, she wasn't informed at all of anything. This can't be fair or legal. And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change.....
I am lost in how to put a defense down, as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it. This can't be legal, any help, identifying legislation, OFT guideline, code of practice or just how to act would be appreciated.
I am getting in touch with a financial Ombudsman on Monday, also Citizen Advice, then gaining statements for every single month to prove payments, I have copies of all these letters. But pretty sure in a defense you can only have like 200 characters. And defense on what grounds....
How can a claim be like this even be able to be filed....
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