Court Claim - PRA Group / MBNA - 28-5-2015

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Just to recap, copies of documents received from J&P attached .

Sorry for all of the posts today, just trying to sort this while I have a second. Thankyou.

Is that all that's you have received?

nem

[FlamingParrot]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have just found the Example Defence Thread and copied and pasted the document filling in the gaps. I am unsure of a few things so I have highlighted those in Red.


1: I received the claim ******** from the Northampton County Court on ******. ( this was the date the claim was dated, I am unsure when we received it as we were away when it arrived, is it ok to use the issue date instead ? )
You could just say "received the claim dated xx/xxxx/2015..."


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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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

5. The particulars of claim fail to state when the agreement was entered into. The claim DOES state the date that the agreement was entered into

6. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment. Do I need to mention that it was originally assigned to AK and then to PRA , or only mention PRA ? AK is now PRA Group so there wouldn't have been a separate assignment between them.

7. 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.( I think I can remove this section, as there was no mention of a default notice in the particulars of the claim, therefore we did not request it . If it is recommended that we should ask for it I am assuming that we can still do so.? Perhaps they didn't mention it so you couldn't request it under CPR 31.14, however, you could always say something like: "The claimant is put to strict proof that a compliant Default Notice was served..." It is a requirement under s.87 of the CCA to have sent you one that complies with s.88.

8: On the ***** I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge & Priestley . I requested the Claimant provide copies of the Agreement and Notice of Assignment .

9. Judge & Priestley have not sent any of these documents to me. But they have sent me photocopies of the documents posted on this thread, so should I mention that I have received some paperwork, just not what I have asked for ? The only document you actually requested and has not been set was the notice of assignement, wasn't it?

10. On the*****I sent a formal request for a copy of the original agreement to PRA Group pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Am I saying section 77 or 78, as my CCA letter said 77-79? I have heard nothing from PRA S.78 for a credit card.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
Was the agreement you got in response to your CCA request or the CPR request?

12. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
Was an extension agreed? They have supplied you some of the documents.

13. 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.

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. 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 Claimants bear the costs of the amendment.

16. 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.

I am sure it needs changing / amending and it seems very basic, should I be adding in more detail of some sort ? Many Thanks again for taking a look at this for me.

As you have received the agreement, you'll have to say something about it. We'll have to look at it in detail.

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

In simple terms it's way short of a compliant agreement, where are the Terms & Conditions for instance?

This looks more like a " short application form than an agreement.

nem

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Yes Nemesis this is all we have received other than some photocopies of a few credit card statements as mentioned before.

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

oops sorry have just seen your other messages. We have not been sent any terms and conditions at all. I will take another look at the defence and try and change it based on the points that you mentioned. Thankyou

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have just found the Example Defence Thread and copied and pasted the document filling in the gaps. I am unsure of a few things so I have highlighted those in Red.


1: I received the claim dated ******** from the Northampton County Court on ******.


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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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

5. The particulars of claim fail to state when the agreement was entered into. The claim DOES state the date that the agreement was entered into, so shall I remove this ?

6. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment. Do I need to mention that it was originally assigned to AK and then to PRA , or only mention PRA ? AK is now PRA Group so there wouldn't have been a separate assignment between them. It was mentioned on the particualrs of the claim that it was assigned to AK and then PRa even though we know they are the same , I therefore thought I should write this as per the wording on the Claim ?

7. 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.( I think I can remove this section, as there was no mention of a default notice in the particulars of the claim, therefore we did not request it . If it is recommended that we should ask for it I am assuming that we can still do so.? Perhaps they didn't mention it so you couldn't request it under CPR 31.14, however, you could always say something like: "The claimant is put to strict proof that a compliant Default Notice was served..." It is a requirement under s.87 of the CCA to have sent you one that complies with s.88. I have not received a default notice when the CCA was requested, this has been done twice now once to AK and once after the Court Claim was served. I understood that as it wasn't mentioned in the particulars of the claim then we couldn't ask for it. Should I ask them for it or just amend this as per your suggestion above ? ?

8: On the ***** I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge & Priestley . I requested the Claimant provide copies of the Agreement and Notice of Assignment .

9. Judge & Priestley have not sent any of these documents to me. But they have sent me photocopies of the documents posted on this thread, so should I mention that I have received some paperwork, just not what I have asked for ? The only document you actually requested and has not been set was the notice of assignement, wasn't it? It depends on whether the so called agreement I have received and scanned is just that, or just a short form application as Nemesis mentions ?

10. On the*****I sent a formal request for a copy of the original agreement to PRA Group pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
Was the agreement you got in response to your CCA request or the CPR request? The agreement / application was in response to the CPR request.

12. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
Was an extension agreed? Yes an extension was agreed, we have until 30th July . The agreement / application was sent to us with the letter confirming the extension and then stating they would forward additional paperwork but have failed to do so. They have supplied you some of the documents. Yes they have if the Agreement I have scanned is acceptable unless it is jut a copy of the application form.

13. 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.

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. 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 Claimants bear the costs of the amendment.

16. 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.

Thankyou FP and Nemesis for taking a look at this for me, it is much appreciated.

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have just found the Example Defence Thread and copied and pasted the document filling in the gaps. I am unsure of a few things so I have highlighted those in Red.


1: I received the claim dated ******** from the Northampton County Court on ******.


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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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

5. The particulars of claim fail to state when the agreement was entered into. The claim DOES state the date that the agreement was entered into, so shall I remove this ? ****Yes****

6. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment. Do I need to mention that it was originally assigned to AK and then to PRA , or only mention PRA ? AK is now PRA Group so there wouldn't have been a separate assignment between them. It was mentioned on the particualrs of the claim that it was assigned to AK and then PRa even though we know they are the same , I therefore thought I should write this as per the wording on the Claim ? *** As it is part of the POC leave it in*******

7. 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.( I think I can remove this section, as there was no mention of a default notice in the particulars of the claim, therefore we did not request it . If it is recommended that we should ask for it I am assuming that we can still do so.? Perhaps they didn't mention it so you couldn't request it under CPR 31.14, however, you could always say something like: "The claimant is put to strict proof that a compliant Default Notice was served..." It is a requirement under s.87 of the CCA to have sent you one that complies with s.88. I have not received a default notice when the CCA was requested, this has been done twice now once to AK and once after the Court Claim was served. I understood that as it wasn't mentioned in the particulars of the claim then we couldn't ask for it. Should I ask them for it or just amend this as per your suggestion above ? ?

8: On the ***** I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge & Priestley . I requested the Claimant provide copies of the Agreement and Notice of Assignment .

9. Judge & Priestley have not sent any of these documents to me. But they have sent me photocopies of the documents posted on this thread, so should I mention that I have received some paperwork, just not what I have asked for ? The only document you actually requested and has not been set was the notice of assignement, wasn't it? It depends on whether the so called agree ment I have received and scanned is just that, or just a short form application as
Nemesis mentions ? **** The alleged "Agreement" Shows page 1of 2 and 2 of 2 But appears to lack all the necessary terms and conditions**** My thought here is that a " booklet containing a full set of T's & C's would have been sent with the card*****
10. On the*****I sent a formal request for a copy of the original agreement to PRA Group pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. ** The Document provided is incomplete and does not contain ALL the T's & C's relevant at the inception of the agreement*************
Was the agreement you got in response to your CCA request or the CPR request? The agreement / application was in response to the CPR request.

12. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
Was an extension agreed? Yes an extension was agreed, we have until 30th July . The agreement / application was sent to us with the letter confirming the extension and then stating they would forward additional paperwork but have failed to do so. They have supplied you some of the documents. Yes they have if the Agreement I have scanned is acceptable unless it is jut a copy of the application form. *** See Above****

13. 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.

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. 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 Claimants bear the costs of the amendment.

16. 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.

Thankyou FP and Nemesis for taking a look at this for me, it is much appreciated.

Just a comment: most importantly the alleged agreement, it does show "page 1 of 2 & Page 2 of 2 but does not appear to have all the Terms & Conditions relevant at the inception of the account. It appears to be a " short application form" I think it's possible that " titles i.e. Application Form have been redacted.

nem

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thankyou for the reply Nemesis. I will amend the defence again with your recommendations. I must admit though I have made a bit of a mistake with the scanned documents that I have posted. I have another MBNA account which PRA are threatening to pass to J&P . I accidentally scanned some of the information for that account in with the info received for this one. There isnt a huge difference but I have NOT received any "Financial and related terms and conditions"for this account as previously posted.These were in relation to a different account. So to avoid any confusion,I have printed the letter from J&P and all documentation that they attached in relation to this account and will rescan and post below incase this makes any difference to my defence. I dont think that it will. You will see they have sent a statement amounting to four pages, I have only scanned the first statement received, but they have sent about 9 in all , each four pages long. Otherwise the agreement remains the same as previously posted, but there was a page two which shows a bar code and credit limit.

Everything I am about to post is now correct. Sorry for this, not usually so scatty but my head is a bit all over the place just now !

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thankyou for the reply Nemesis. I will amend the defence again with your recommendations. I must admit though I have made a bit of a mistake with the scanned documents that I have posted. I have another MBNA account which PRA are threatening to pass to J&P . I accidentally scanned some of the information for that account in with the info received for this one. There isnt a huge difference but I have NOT received any "Financial and related terms and conditions"for this account as previously posted.These were in relation to a different account. So to avoid any confusion,I have printed the letter from J&P and all documentation that they attached in relation to this account and will rescan and post below incase this makes any difference to my defence. I dont think that it will. You will see they have sent a statement amounting to four pages, I have only scanned the first statement received, but they have sent about 9 in all , each four pages long. Otherwise the agreement remains the same as previously posted, but there was a page two which shows a bar code and credit limit.

Everything I am about to post is now correct. Sorry for this, not usually so scatty but my head is a bit all over the place just now !

No problems it happens to all of us at times.
I'm currently unable to open your attachment I expect someone will take a look when available.

nem

[Kati]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

OK ... you've been given a 28day extension that you will need to notify the court about. I believe you can do this via email (attach the letter as proof).

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thanks Kati. The Court have been advised of the extension and we have until next Wednesday 29th July to file our defence.

If you scroll down there are 7 pages to the attachment which also shows exactly what J&P sent us along with the letter confirming the extension.

One other question is how to which actually file the defence is it done online ?

Many Tanks

- - - Updated - - -

Nemesis, I will rewrite the defence based on your previous recommendations and post up here to see what you think if thats ok please ?

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thanks Kati. The Court have been advised of the extension and we have until next Wednesday 29th July to file our defence.

If you scroll down there are 7 pages to the attachment which also shows exactly what J&P sent us along with the letter confirming the extension.

One other question is how to which actually file the defence is it done online ?

Many Tanks

- - - Updated - - -

Nemesis, I will rewrite the defence based on your previous recommendations and post up here to see what you think if thats ok please ?

Yes that's fine!!

nem

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have this afternoon received an email from J&P. They state in the email that they have provided the following documents based upon my CCA request :-

• Credit Agreement
• Account Statements
• Notice of Assignment
• Transaction log
  

It contains the information posted yesterday again. In addition to this there is a transaction log of payments to the account. This has the account number on but nowhere does it have our name or address. They have also sent what they are calling a vendor letter, but assume it is what they consider is a Notice of Assignment. This letter is not dated and reads as follows.( I am having difficulty uploading it, but will keep trying)

Dear Sir / Madam,

We confirm that the balance outstanding under the following account has now been assigned to Aktiv Kapital Portfolio AS, Zug Branch.

(It then lists the Account number, my husbands name, our address, the date the account was opened, the Assigned Balance and the Agreement Type ie Credit Card.)

In accoradance with the aforementioned assisgmenmt of this account Aktiv Kapital Portfolio AS, Zug Branch now holds all legal rights, authorities and obligations to the same.

Yours faithfully
Paul JOnes
Risk Operations Site Lead.

This letter is on MBNA paper but is not dated.
Any thoughts on these additional documents received today would be appreciated please.

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have this afternoon received an email from J&P. They state in the email that they have provided the following documents based upon my CCA request :-

• Credit Agreement
• Account Statements
• Notice of Assignment
• Transaction log
  

It contains the information posted yesterday again. In addition to this there is a transaction log of payments to the account. This has the account number on but nowhere does it have our name or address. They have also sent what they are calling a vendor letter, but assume it is what they consider is a Notice of Assignment. This letter is not dated and reads as follows.( I am having difficulty uploading it, but will keep trying)

Dear Sir / Madam,

We confirm that the balance outstanding under the following account has now been assigned to Aktiv Kapital Portfolio AS, Zug Branch.

(It then lists the Account number, my husbands name, our address, the date the account was opened, the Assigned Balance and the Agreement Type ie Credit Card.)

In accoradance with the aforementioned assisgmenmt of this account Aktiv Kapital Portfolio AS, Zug Branch now holds all legal rights, authorities and obligations to the same.

Yours faithfully
Paul JOnes
Risk Operations Site Lead.

This letter is on MBNA paper but is not dated.
Any thoughts on these additional documents received today would be appreciated please.

Standard Notice of Assignment, which can be sent by the original creditor, the debt purchaser or both.

nem

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

1: I received the claim dated ******** from the Northampton County Court on ******.


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

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

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


5. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment.

6. 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.The claimant is put to strict proof that a compliant Default Notice was served.

7: On the ***** I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge & Priestley . I requested the Claimant provide copies of the Agreement and Notice of Assignment .

8. Judge & Priestley have provided some documents but the alleged "Agreement"appears to lack all the necessary terms and conditions09. On the*****I sent a formal request for a copy of the original agreement to PRA Group pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.The Document provided is incomplete and does not contain ALL the T's & C's relevant at the inception of the agreement


11. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
The Document provided is incomplete and does not contain ALL the T's & C's relevant at the inception of 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. 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.

14. 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 Claimants bear the costs of the amendment.

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

Statement of Truth