Results 1 to 23 of 23

Thread: PRA court claim for old MBNA debt

  • Share
  • Thread Tools
  • Display
  1. #1
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default MELSON thread

    I've had exactly the same thing happen to me with the exact same wording. Court claim made 1st March 2017 implying that I had defaulted on the agreement even though they sent me letters at the end of last year with a statement of account showing that all payments were up-to-date and received their letter notifying me that they are the new owners of the debt 3 months after their initial letter! I have written asking for a notice of assignment and await to hear. In the meantime putting together my defense with all the evidence and stating that it is an abusive process and they are estopped from bringing a claim. Don't know if I am doing the right thing - anyone like to comment please?

  2. #2
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

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

    Quote Originally Posted by MELSON View Post
    Court claim made 1st March 2017 implying that I had defaulted on the agreement even though they sent me letters at the end of last year with a statement of account showing that all payments were up-to-date and received their letter notifying me that they are the new owners of the debt 3 months after their initial letter! I have written asking for a notice of assignment and await to hear. In the meantime putting together my defense with all the evidence and stating that it is an abusive process and they are estopped from bringing a claim. Don't know if I am doing the right thing
    Why don't you start a thread for your claim then you'll get help for your particular situation.

    I'm not sure pleading estoppel would be the right thing but let's wait until you post up the details before jumping to conclusions.

    If you have trouble starting a thread maybe @Kati will be able to help you.

    In the meantime have you filed your Acknowledgement of Service?

    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 [email protected]. 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

  3. #3
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,752
    Mentions
    1213 Post(s)

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

    Quote Originally Posted by Diana M View Post
    If you have trouble starting a thread maybe @Kati will be able to help you.
    sorted
    @MELSON ... here's your new thread xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  4. #4
    PC Pilot's Avatar

    Junior Member



    Joined
    Feb 2017
    Posts
    39
    Mentions
    2 Post(s)

    Default Re: MELSON thread

    Hi Melson,

    Better that @Kati has created you your own thread....the support here is truly amazing and a great weight off the mind to know someone is on your side

    Guidance here is also superb.....can not speak more highly about the folks and their advice on how best to respond to the shady dealings of these low life bottom feeders from the PRA Group

    Don't panic, fight the sods as the beagles suggest and STAY STRONG!!

    From my experience it helps if you can get your paperwork in order, create a timeline as to who sent what letter when and what followed next right up to the current point.....it will help the 'experts' here to guide what is best for your situation.

    Remembering though when posting information here (especially in respect of the Particulars of Claim (PoC) details on the Court Claim Form you have received) take care to remove any identifiable details (i.e. Redact your information so that your name/address, the Claim No and any supporting documentation uploaded as required cannot serve to identify you (and thus the advice on how you will defend the claim) to the Claimants/Claimant's representatives!

    Identify and post any court deadlines you must work to so that help can be prioritorised accordingly. A good first step is the date of issue of the claim and then the date by which you must acknowledge service of the claim with the court and (if that's already done) the deadline by which you must provide your defence to the court.

    Obviously my situation struck a cord with you as being broadly similar (there are many many others here strikingly similar as well!!), clearly this is a favoured tactic of this particular outfit. Just curious here, but were you paying your 'arranged' repayment to Experto Credite by any chance?? Payments stopped being accepted Jan 17 and returned to your bank?? Claim received in due course shortly after that??

    Good luck and stick with it...the folks here are v good

    PC Pilot

  5. #5
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default Re: MELSON thread

    thank you pc

  6. #6
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default PRA court claim for old MBNA debt

    Need advice on how to defend a court claim please.
    I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month. The reason for the initial default was that I had to give up work to became a full-time carer for my dementia sufferer mother and still am her main carer.

    According to the claim, MBNA assigned the debt apparently to Aktiv Kapital who in turn assigned it to PRA in 2014 (apparently). I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".

    It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"

    The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!

    However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.

    I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they too wrote and told me so 4 months after the date that they claim they received last payment.

    I attach all correspondence with identifiable references removed and in chronological order. What are my rights and how can I defend this? I also attach my draft defence inviting comments and guidance from you good people.
    Attached Files Attached Files

  7. #7
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    One quick question if I may.

    Does the name Experto Credite or Varde mean anything to you?

    (I'll take a peek at those uploads later.)

    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 [email protected]. 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

  8. #8
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Yes. MBNA sold it to Experto Credite who in turn sold it to Aktiv Kapital who in their letter to me requested Experto to continue managing the account. Have never heard of Varde

  9. #9
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,752
    Mentions
    1213 Post(s)

    Default Re: PRA court claim for old MBNA debt

    tagging @Diana M xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  10. #10
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Quote Originally Posted by MELSON View Post
    Need advice on how to defend a court claim please.
    I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month. The reason for the initial default was that I had to give up work to became a full-time carer for my dementia sufferer mother and still am her main carer.

    According to the claim, MBNA assigned the debt apparently to Aktiv Kapital who in turn assigned it to PRA in 2014 (apparently). I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".

    It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"

    The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!

    However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.

    I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they too wrote and told me so 4 months after the date that they claim they received last payment.

    I attach all correspondence with identifiable references removed and in chronological order. What are my rights and how can I defend this? I also attach my draft defence inviting comments and guidance from you good people.
    Does anyone have any advice please? Court notice is dated 1st March and I am rapidly approaching deadline. Thanks in advance.

  11. #11
    PC Pilot's Avatar

    Junior Member



    Joined
    Feb 2017
    Posts
    39
    Mentions
    2 Post(s)

    Default Re: PRA court claim for old MBNA debt

    .....Hang in there Melson,

    I expect that the key folks are busy just now......I'm also waiting (patiently but nervously) for a follow up on my case.....my defence deadline is this FRIDAY!

    If you look in on my thread this will give you some idea of the suggestions I have received in respect of my defence...this was adapted from a standard template on these forums....see how you might adapt in a similar vein to suit your specific circumstances and then post your proposed (amended template) defence on this thread for further comment...

    I hope this offers a little more direction whilst you wait for further comment.

    Best regards,

    PC Pilot

  12. #12
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,581
    Mentions
    159 Post(s)

    Default Re: PRA court claim for old MBNA debt


  13. #13
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default Re: PRA court claim for old MBNA debt

    thank you PC & Mike770. PRA have until this Sunday to respond to my letter.

  14. #14
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,581
    Mentions
    159 Post(s)

    Default Re: PRA court claim for old MBNA debt


  15. #15
    PC Pilot's Avatar

    Junior Member



    Joined
    Feb 2017
    Posts
    39
    Mentions
    2 Post(s)

    Default Re: PRA court claim for old MBNA debt

    As far as I am aware you have 33 days from the Issue Date on the claim form to file your Defence.....Date of issue of claim 1st March by my calculation suggests Monday 3rd April as a deadline see:

    https://www.timeanddate.com/date/dat...&aw=&ad=33&rec

    .........sorry Melson, speed reading your thread just realised you meant PRA reply deadline.......dooh! Please ignore the above, I am sure that you already well aware of that......will wind my neck back in now....


    PC Pilot
    Last edited by PC Pilot; 22nd March 2017 at 13:23:PM. Reason: Misread previous post

  16. #16
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Quote Originally Posted by MELSON View Post
    Yes. MBNA sold it to Experto Credite who in turn sold it to Aktiv Kapital who in their letter to me requested Experto to continue managing the account. Have never heard of Varde
    That all makes sense.

    I can see the POC don't mention Varde which may turn out to be significant in your Defence but I'm not in a position to say why at the moment, at least not publically.

    You have 33 days from the claim issue date to file your Defence. This shouldn't be done too early in case there are new developments in the meantime.

    I can't see what you've already done since the claim arrived posted anywhere on your thread.

    Have you filed your Acknowledgement of Service online? If not you must do that asap (if it let's you) because you have 19 days to do that from the claim Issue Date which was 1st March.

    Then you need to send a s. 77-79 CCA Request to PRA (in-house legals) at the address on the claim form. This forum has a template letter for that http://legalbeagles.info/forums/show...=7670#post7670

    You then need to send a CPR 31.14 Request to PRA asking for certain documents.

    If you have any problems doing any of this feel free to ask questions.

    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 [email protected]. 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

  17. #17
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default Re: PRA court claim for old MBNA debt

    I sent PRA a letter requesting copy of original credit agreement on the 14th. They have acknowledged receipt and returned the £1 postal order "as a gesture of goodwill". They also included an info sheet which says "if you still owe us money and you don't get what you are entiled to after 12 working days then your debt is classified as "unenforceable".

    Is it 12 days or 12 working days? 12 days expire tomorrow (Sat) 12 working days expires next Thursday (30th) which doesn't leave me much time.

    What's CPR 31.14 and what other docs should I be asking for?
    @Di are you able to PM me re Verde?

    Thanks

  18. #18
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Quote Originally Posted by MELSON View Post
    @Di are you able to PM me re Verde?
    Yes I can unless you can't PM me (my Inbox is often full) in which case drop me an email to [email protected]

    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 [email protected]. 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

  19. #19
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Quote Originally Posted by MELSON View Post
    MBNA sold it to Experto Credite who in turn sold it to Aktiv Kapital who in their letter to me requested Experto to continue managing the account. Have never heard of Varde
    ^^^^ this may be key to your Defence.

    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 [email protected]. 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

  20. #20
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Quote Originally Posted by Diana M View Post
    Yes I can unless you can't PM me (my Inbox is often full) in which case drop me an email to [email protected]

    Di
    I've just replied to your PM tonight.

    Alas your email didn't reach me so please re-send.

    (I've also given you my direct line phone number)

    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 [email protected]. 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

  21. #21
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    I've read back through your thread and can see that your Defence deadline is 4pm on Monday.

    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 [email protected]. 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

  22. #22
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,932
    Mentions
    893 Post(s)

    Default Re: PRA court claim for old MBNA debt

    Quote Originally Posted by Diana M View Post
    I've read back through your thread and can see that your Defence deadline is 4pm on Monday.
    I've replied to your email and note you have filed a Defence.

    Please reply to my email.

    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 [email protected]. 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

  23. #23
    MELSON's Avatar

    Junior Member



    Joined
    Mar 2017
    Posts
    10
    Mentions
    1 Post(s)

    Default Re: PRA court claim for old MBNA debt

    I have replied to your email. the claim was issued 1st March so 33 days have since passed and that's why I filed my defence before time lapsed
    Quote Originally Posted by Diana M View Post
    I've replied to your email and note you have filed a Defence.

    Please reply to my email.

    Di

Similar Threads

  1. Arrow Global/MBNA - Court Claim
    By hollyb in forum Received a Court Claim?
    Replies: 39
    : 24th September 2014, 09:49:AM
  2. MBNA / Restons Court Claim
    By Mijasmom in forum Received a Court Claim?
    Replies: 39
    : 15th June 2014, 14:48:PM
  3. MBNA court claim
    By hollyb in forum Money & Debt
    Replies: 0
    : 15th April 2014, 12:58:PM
  4. Help with MBNA/Varde Court Claim Please
    By billysilly in forum General Legal Issues
    Replies: 69
    : 24th February 2013, 23:20:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeaglesģ are DPA Registered No. ZA158014
LegalBeaglesģ is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP