• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

    I have received court paperwork for and alleged dept from a MBNA credit card that was alleged to have been taken out 15/7/2000 and defaulted 28/2/2013.

    The highlights:
    Claim amount £2668.54
    Interest £891.37
    The Court Fee £110.00
    Total £3669.91

    I am totally lost with the process I don't know who to turn to or what to do I have a deadline to submit a reply/defence to the court by 26/7/17. I contacted BigC550 as I could see he had the same problem with the same people and in the N.Ireland area I sent some messages and got replies and I want to fight this. I'm also being sent to work from the 18th to the 24th in England which limits even more my ability to find suitable representation or help as most legal business are on holidays this week and the legal brains on holiday for the month. I cant find anyone with customer credit knowledge except for one which has been recommended but has represented the creditor against me but are not part of this action.

    History:
    I was in a shopping centre and only signed an application form to see if I could get a credit card and this was the only document I ever signed. I got the card used it ran a balance unaware of the nature of MBNA made redundant 2004 became self-employed and continued until 2006 when the credit limit increased without my request and interest rates increased 16% - 24% then 2008 34% and then I struggled until 2010 when I started to learn my rights and got the phone calls stopped and got a payment agreed and the interest rate frozen with MBNA. MBNA had taken PPI on me from the start although I knew I never asked for it and had ticked the box no on my application form at the start and 3 other times over the phone I asked for it to be removed but was refused and was never told I had to request it stopped in writing I guess no means no and I could not afford to cancel everything as I did not have the money to clear the dept in full if it went that way. In 2012 the payment schedule went nuts I was getting default notices all the time I broke my angle and could not work told them but they kept coming until Sept 2012 after requesting copies of credit agreement and MBNA giving me different addresses over the phone and not giving me an address in writing where I could send the request. I even complained to the FOS about it as I was told no requests had been received by MBNA eventually I got a copy for S78 request which I got I think from this site which was the current terms and conditions typed on plain A4 paper, and a copy of the application form and what I never had seen as it was on a clip board when I signed the front of the application form some terms and conditions on the back. Then form had 2 stamps on it one round and unreadable the other a date stamp 15/8/00 with a signature integrated in the stamp over it very clear compared to the circular one which has what looks like a date and the word verbally verified in it these are over the top of some terms and not in a specified area. After a final default dated 2/1/13 with action date of 20/1/13 which I had not received before I had left the country early hours of the 25/1/13 and found it on my return on the 1/2/13 the history on this is I had complained many times and got the FOS involved as my mail from MBNA was always taking 2 weeks to arrive which was causing me difficulty paying statements in time and time sensitive documents were arriving after deadline dates I had rang UK Mail and asked could the barcodes be decoded to discover the true postal dates but they refused and said it was between them and MBNA (the customer). I discovered an online way of submitting complaints which avoided the post not arriving with them I used it to claim PPI back I received £3710 against the same outstanding balance of £2668.54 and I could not understand how the outstanding balance was still the same with so much PPI being paid back the fact they had illegally taken it was never addressed, so I complained about this but MBNA just said they were right without explaining why or how and I also said the credit agreement was unenforceable that it was not to the correct legal requirement in responce they said it was legal and they continued. The defaulted dept was sold to AKTIVE KAPITAL Norway, then apparently AKTIVE KAPITAL UK and from the start I said the agreement was unenforceable and refused to acknowledge it or pay anything. They would stop contact for several months they reappear and disappear again since 2013 when I give them the same response of unenforceable.

    Since the default 20/1/13 I requested copy of agreement and SAR request from MBNA which now looking at it has some in my view damming evidence of deception and misrepresentation with dates and documentation. This is around the credit agreement date of signing/activation and the last default notice was printed 6 to 7 days after the date on the document. I got a copy of the default notice which has been altered the regards name and signature on it and the action date one day later than the original also it refers to different clauses in the credit agreement.
    Tags: None

  • #2
    Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

    Hi CC Trouble
    can you just tell us the date on the claim form
    have you acknowledged the claim yet on MCOL?

    Problem is NI is a different rules which many are not up with @pt2537 @Diana M @Amethyst

    In England Diana M won a case against PRA on assignments

    http://legalbeagles.info/forums/show...ANA-MAYHEW-WIN
    Last edited by warwick65; 16th July 2017, 15:02:PM.

    Comment


    • #3
      Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

      Some of the Documents Credit agreement and the info proof the agreement was not this date but a month before therefore not the credit agreement an application form, two dated letters came with the card 23/7/00 and 24/7/00 and the statement that is generated monthly 24/8/00 exactly a month after the card arrived with a cheque transaction which would take 3 days to appear on a statement so the agreement could not have been signed 15/8/00. The card is valid from 07/00 to 02/02 therefore issued the month before. I need to upload the letters I'm not sure of attachment limit rules on this site. My point here is MNBA have misrepresented or should I say faked the application form as the agreement and the actual agreement is unsigned by either party and should be unenforceable. You can see over the rate of interest the sticky pad the card was attached.
      Attached Files
      Last edited by CCtrouble; 16th July 2017, 15:09:PM.

      Comment


      • #4
        Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

        Court document is dated 26/6/17 and states you must lodge the appropriate form with the above court office no later than 26/7/17 I was in England when it arrived and lost the first week.

        Comment


        • #5
          Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

          The two letters that came with the credit card show the card was issued a month before the alleged credit agreement (application form) was signed therefore it can not be the credit agreement.
          Attached Files

          Comment


          • #6
            Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

            The application form problem is that I know I put the wrong date under my signature when I signed it that was a +1 month and was on a clipboard and I was never shown the terms on the back which I don't think ever existed and was given no terms or conditions or a copy in my hand why would I expect it as it was just an application form and I was in a public area of a shopping centre and the sales person said there is no harm in applying. The SAR access request shows that my application form data was put into MBNA's systems 28/5/2000 which should be correct in my mind and consistent with receiving a credit card 23/7/00 a month later. Now the only problem with this is I know what I did, I know what the MBNA systems did but the form in the top left-hand says it was a promotion from 5th to the 17th June and in my opinion there is a high possibility that the barcode sticker has been placed over the word application and I would very much like to see the original as this may have been altered or obscured to make it appear to comply and I still doubt the terms are on the back as there is not reference of terms on the back printed on the front.
            Attached Files
            Last edited by CCtrouble; 16th July 2017, 16:32:PM.

            Comment


            • #7
              Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

              Hi CCtrouble

              I really do not want to comment on procedures because of the difference in rules between NI and England

              What I will say and from experience- the date that statements are produced may not be related to when they are first used - I have recently ( last year or two) opened a couple of credit cards and both sent the first statement at some random date unrelated to opening date or date of first use

              Comment


              • #8
                Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                Just looking at your documents and your signature is June 2000 but they did not sign it until 15th August which may be the date it became active

                just throwing a few thoughts around there

                Comment


                • #9
                  Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                  Yes but have you ever had a transaction processed 3 days after in principle the agreement was executed I had my account number the month before on the first letter and the credit card back dated a month. My belief is that the circular unreadable stamp has a date the card was activated over the phone and MBNA at some time faced with unenforceable agreements worth nothing for the sake of a stamp are now worth £2660

                  Comment


                  • #10
                    Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                    The final default notice and the problems with it are I have the computer system readouts of the MBNA processes, and previous default notices the system indicates a date with the info of the default and the default letter is printed/ dated the next day as for being sent they used UK Mail and I gave MBNA fair warning numerous times that letters are taking 2 weeks to reach me. The second last default notice is on the screen shot and looking at the pervious ones all follow the same matching with the system that day or day after the default notice is printed and dated except the last one. The system says on the 8/1/13 at 3.01pm balance £2668.54 arrears £348, SD0201, expire 21/1. But the letter that arrived with me had a date of the 2/1/13 balance and arrears the same expire date 20/1/13 and the copy of the default notice that I asked for referred to different clause numbers, different expire date and a different MBNA person and signature both of which do not allow the min 14 day to respond period which is a legal requirement never mind the postal delays can I ask for proof of postage or delivery.

                    I have noticed on the MBNA system it has just clicked there is a DD entry which is 17 days before the expire date which must be the "default delivered" date the previous default notice has the same 17 day DD date but with UK Mail basically 3rd class post 2 days for delivery is extremely optimistic especially to N. Ireland and my two week delay warnings should render the default notice invalid.
                    Attached Files
                    Last edited by Kati; 16th July 2017, 18:13:PM.

                    Comment


                    • #11
                      Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                      My problems still stand I don't know how to do anything, fill in the forms, what I should reply if I should claim who to claim against and how much. My default expires in 8 months I was just going to be happy to sit it out but I feel they are pushing to try a make a unenforceable unsecured dept to an enforceable one and all the wrongs and unfair terms MBNA put on me, the harassment, damaging my credit rating stealing PPI for all those years and I still think I'm able to claim damages for that the % rate increases when I could not get out without explanation as the credit limits never changed. Roughly looking back to 2013 -2002 I took £5000 on the card and paid back over £13000 the last transaction was in 2008. I have to take the blame as well but I wasn't taking holidays buying flash watches being reckless but the unfairness of the fight has got me to one of the lowest points I've ever been and for so long the irony is that 2 months after the credit card I took an MBNA loan for £3000 and paid everything never missed a payment because I knew when to pay and how much I'm not good at this sort of thing that's why I am begging for options if I have a chance and who I can get to help as I don't think I can go through the process alone. The website I find confusing what's still valid what's not the template letters I find useful but at the end of the day I could get a judge that's heard it all before or does not understand had a bad day and shoot me down. I know I want to go down fighting and I'm not going to let them win by default.

                      Comment


                      • #12
                        Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                        Hi CCtrouble

                        This may interest you.
                        Particularly the British Gas info (dates).
                        https://www.linkedin.com/in/brian-ja...6047615/?ppe=1
                        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

                        Comment


                        • #13
                          Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                          I am really sorry but while the CCA is the same in NI, I am not versed in the procedures for a claim

                          Have you sent a S78(1) request to PRA

                          They should send the agreement and all terms and conditions both at inception and at default
                          There should be a link between any application form and any terms and conditions

                          [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=332]EXC[/MENTION]

                          Comment


                          • #14
                            Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                            Yes I have the same documents from MBNA, AKTIVE KAPITAL and PRA all S78 requests I only did a SAR on MBNA it took months to receive. I have looked up some credit reports 2000, 2014 ,2015 and 2017 they all state that the start date for the credit card was 15/7/2000 one month before the application form was stamped 15/8/2000 which must make what they call the agreement not properly executed. Thanks for the link to the guy ex Bank of America but I'm sure they will be a gaging order on him for anything that happened while he worked with them. Do I have time before the 26th to get PRA to show proof of ownership and I have a question is there a procedure that has to be followed to get to this stage since the default I received A letter from a Belfast solicitors acting for PRA 22/7/16 but it was not titled notice before action they attached expenditure sheets, I then asked another Belfast firm to help and 22 October my firm sent a copy of some letter between the firms 5 Oct with a list of credit transactions and my company forwarded it to me. Now Shoosmiths are involved surely they need to contact me first before going to court action it was 8 months ago and the first time I saw the name shoosmiths was that one word in the court paperwork at the "statement of truth" is "sign by : Shoosmiths"
                            Attached Files
                            Last edited by CCtrouble; 17th July 2017, 10:22:AM.

                            Comment


                            • #15
                              Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

                              I see you emailed me last Tuesday.

                              My apologies for not replying but I wasn't in the office this week ('flu )

                              I or someone else in the firm will make contact in the next day or so.

                              Di

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X