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

[JammyDodger41]

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

FoxyFlugel, thankyou for your post. I will reply to you properly later.

Could someone just advise me, should I be responding to J&Ps settlement offer , or not deal with them directly at all and only through mediation with the courts at this stage please ?

N180 has been returned with a copy to J&P but we have yet to amend our defence assuming this needs ot be done.

[JammyDodger41]

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

Really sorry to post again, but could someone please let me know if I should be responding to J&Ps settlement offer that they sent me directly, or only dealing with them through the Court mediation that we said that we would be willing to try please ? I have until tomorrow to respond to J&P if I need to reply to them.

[JammyDodger41]

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

Just a quick update here. The hearing is set for January although we have applied for a short stay until February.

We did reply to J&Ps settlement offer, declining it naturally whislt also reminding them again exactly what has been requested previously and not supplied to us, they have failed to repsond. In the meantime we requested Mediation through the courts which we have chased today, but the Court informed us that the other party have declined it.

In the meantime we think it may be a good idea to Amend our Defence , not to take anything out, but to add more detail ie which terms and conditions are missing etc. Do you think it is worth doing this ? I have found the form N244 which I think is what we need, but am wondering if anyone is willing to answer a couple of questions for me please ? OR shall we leave the Defence as it is and just add this additional detail in our witness statement ?

Many Thanks for your help

[JammyDodger41]

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

Hi not sure if there is anyone around that my be able to help.

J&P did not respond to my letter re their settlement offer, so I am now preparing a Witness Statement, this needs to be received by the Courts and J&P ( I'm assuming I send to them not PRA) by next week. I have read a few examples of Witness Statements and am thinking that I need to include as much detail as is possible, therefore I intend going right back to 2013 when I originally made the CCA request to AK, and then detail every piece of correspondence with them until now. Does this sound like the right way to go whilst also backing up my defence ? We didn't resubmit our defence in the end as there were only about four or five lines that we would have been added . We applied for the short stay but the judge still hasn't looked at the request therefore we are having to go ahead as if it will go ahead in January.

If anyone has any pointers re the Witness Statement it would be really helpful, or should I start a new thread entirely ? Many Thanks

[nemesis45]

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

Your witness statement is your account of what has happened and why, it is to back the defence and disclose the documents
you have to use in court.

3 copies of everything Court / Sols/You maybe worth havein a couple of spares in your file.
Only documents relevant to the claim index as e.g. Reply received from xxxxx Exhibit (1).
Double space between paragraphs, no bold or highlighted text.

Must have a proper header along the lines of:

Claim No................................................ .....

Between Claimant

and

Your name Defendant
Of: Your address.

Date:

Witness Statement: Of Your Name:

I your name will say as follows:

1. I received Claim No, via NHCCBC on date.........................................


carry on with numbered paragraphs.

End with Statement of truth signed and dated.

Have a look at some of the threads with WS on them
it will show format and wording, make a draft an post
it here then we can go through it.

nem

[JammyDodger41]

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

Thats great Nem thankyou. This has been going forth for so long now, I was worried that the Witness Statement would go into pages and pages and it wouldn't be acceptable. I do feel like I want to detail everything and all correspondance back and forth but am unsure if Im just rambling on and on.

I am hoping to have a rough copy finished by the end of the day, so I will post on here and see if you have time to take a look. Thanks again for your help.

[JammyDodger41]

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

My Witness statement is running into three pages, I have listed every piece of correspondence between myself and AK / PRA since 2013 when I made my original CCA request. Is this too long ?

[JammyDodger41]

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

Right my head is hurting now. I appreciate there's a few extra long sentences, I know I have repeated myself, ( I have alot to say !) and that some things are in bold and italics, they are for my benefit at the moment while I make sure the documentation corresponds with correct exhibit Number etc. How does this look as a first draft please ? I am struggling on the last point, is point 19 ok and relevant ? My thought is that I needed to tell the story from beginning to end , rightly or wrongly, but that has meant alot of repetition . I know it needs fine tuning as I haven't made corrections at this point. I have got confused now between the CCA and CPR etc etc. So here goes . I need to post this off on Monday .I need to post this off on Monday .

IN THE xxxxxxx COUNTY COURT

Claim No.xxxxxx

BETWEEN:

PRA GROUP (UK) LTD Claimant

- and –

Defendant

xxxxxxxx

_________________________________

WITNESS STATEMENT OF xxxxxxxxx

_________________________________

I xxxxxxxxxxbeing the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.


2. On the xxxxxxx 2013 I made a formal request to Aktiv Kapital (UK) Ltd for a copy of the Consumer Credit Agreement pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) (EXHIBIT A)


3. On the xxxxxx 2013 Aktiv Kapital replied to the above stating that they were endeavouring to obtain the documents requested under CCA1974, and the account had been placed on hold and removed from the collection process whilst they await the requested information. (EXHIBIT B)


4. On thexxxxxxx 2013 Aktiv Kapital wrote advising that they were attaching the documents requested. They forwarded a barely legible copy of an agreement which was missing the prescribed terms and conditions and also key financial information.This document refers to section four of the financial information, section four is missing. It also refers to sections of the terms and conditions , but this section is barely legible, but no terms and conditions have been provided. This document has not been signed by both parties. We had also not received a default notice, nor a notice of assignment. ( EXHIBIT C & D)


5.On the xxxxxx 2013, I replied to Aktiv Kapital advising that the documents supplied in Exhibit D, did not comply with the requirements of CCA 1974 and requested the documents oncemore (EXHIBIT E)


6. – There was various correspondence in xxxxx and xxxxx 2013 from Aktiv Kapital confirming that the account remained on hold whilst they tried to obtain the documentation requested as per my CCA request (EXHIBITS F.G & H)


7. On the xxxxxx 2013 Aktiv Kapital wrote that they were attaching the documents provided to them by the original creditor, but once more provided as previously stated in point 4 (EXHIBIT D) a barely legible photocopy of an agreement again missing the terms and conditions and key financial information. (EXHIBIT I ) Aktiv Kapital were referred once more back to my original CCA request of April 2013 (EXHIBIT A)


8. On the 7^th November 2013 Aktiv Kapital wrote once more advising that they had now attached the requested documentation. This consisted of the same barely legible copy of an agreement which had not been signed by both parties, was once more missing the prescribed terms and conditions and key financial information . On this occasion they did include some photocopies of statements dating between 2011 and 2012. TheCCA Requestasks for a full statement detailing all debits and credits. (EXHIBIT J.K.L) As Aktiv Kapital had still not provided the correct documentation the account was still on hold.

9. On the xxxxx 2015 PRA Group wrote advising me that Aktiv Kapital had assigned the account to PRA Group on the xxxxxx 2014 . The letter states that no changes need to be made to the way in which the account was being run and as the account had been on hold with Aktiv Kapital it remained that way. No deed of assignment was provided to state it had been Assigned from Aktiv Kapital to PRA Group, therefore I was now awaiting sight of two Notices of Assignments as mentioned in the particulars of the claim, one from MBNA to Aktiv Kapital and another from AKtiv Kapital to PRA Group (EXHIBIT M)


10. On the xxxxx 2015 PRA Group wrote stating that they would be passing the account to Judge & Priestley to seek recovery of the debt. The same account that I had been requesting proof of via a CCA request since 2013 . (EXHIBIT N)


11. Judge & Priestley wrote on the xxxxxx , received by me on the xxxxxx , that they were acting on behalf of PRA Group and that unless the account was settled within 7 days Court Proceedings would commence. The letter did not specify if the 7 days were from the date of the letter,the date I received it, or if this was 7 working days , therefore was very vague in its content (EXHIBIT O)


12. I responded to the above on the xxxxxx and referred Judge & Priestley back to both PRA Group and Aktiv Kapital re my previous CCA requests. (EXHIBIT P). This letter was received in Judge & Priestleys office at xxxxxxxx 2015(EXHIBIT Q)


13. xxxxx 2015 despite receiving my response as above Judge & Priestley issued Court Proceedings on the same day. I confirmed my intention to defend the claim and requested in accordance with CPR31.15 copies of the agreement and assignment. (EXHIBIT R) I also on the same date once more requested documentation under CCA 1974 from PRA Group (EXHIBIT S)


14. Judge & Priestley on the xxxxxx 2015 confirmed receipt of the CPR 31.14 request (EXHIBIT T)


15. I emailed Judge & Priestley on the xxxxxx 2015 as they did not respond to the request as above. (EXHIBIT U)


16. On the xxxxx2015 Judge & Priestley sent an email advising that they were attaching documentation under Consumer Credit Act 1974 ( EXHIBIT V) This email stated that they had attached the Credit Agreement..A true copy of the original credit agreement was requested. The documents provided are a photocopy of an agreement. This is largely illegible and does not contain all prescribed terms and conditions signed by both parties nor the key financial information. It refers to Section 4, section 4 is missing . It is largely illegible and therefore does not meet regulation 2 of the Consumer Credit Act 1974. The Agreement has not been signed by both parties.(EXHIBIT W)


17.Judge & Priestley also emailed Account Statements on the xxxxx . The Statements forwarded by email are from between 2011 and 2012. The particulars of the claim state the agreement entered into was in xxxx 2006. (EXHIBIT X )


18. Judge & Priestley also emailed advising they were attaching the Notice of Assignment. The particulars of the claim state that the account was assigned twice, from MBNA toAktiv Kapital on the xxxxxxx2012, who then assigned the debt to PRA Grouponthe xxxx 2014. It states that Notices of Assignment were sent to the defendant. I do not recall receiving notices of either assignment prior to an email from Judge & Priestley on the xxxxx 2015 containing a copy of an un-dated Notice of Assignment which is not on headed paper from MBNA to Aktiv Kapital. It has not provided a Notice of Assignment from Aktiv Kapital to PRA Group as mentioned in the particulars of the claim. . In the particulars of the Claim it is stated that the alleged debt had been assigned twice, but only one Notice of Assignment was received but this is not dated, therefore the validity of this document is questionable.(EXHIBIT Y) A transaction log was also forwarded. (EXHIBIT Z ) This is not on headed paper nor does it include my name or address.





17. After receiving the above email, I filed my defence and requested mediation, I understand that this was not accepted by PRA Group. No mediation has taken place despite my willingness to do so.


18. On the xxxxxxx 2015 Judge & Priestley wrote offering a full and final settlement figure of£xxxxxx. (EXHIBIT AA) and I responded, declining the offer but advising them we were willing to enter into mediation via the Court and once more requesting thecorrect documentation(EXHIBIT BB) This letter has not been responded to.



19.. The Claimant has mentioned the Credit Agreement, and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

Statement of Truth

I, xxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[QCKate]

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

How about changing the words BARELY LEGIBLE to NOT FULLY LEGIBLE?? How about adding to the end of point 19 UNABLE TO ENFORCE THE DEBT, THE LIABILITY FOR WHICH IS DENIED. ??

[nemesis45]

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

How about changing the words BARELY LEGIBLE to NOT FULLY LEGIBLE?? How about adding to the end of point 19 UNABLE TO ENFORCE THE DEBT, THE LIABILITY FOR WHICH IS DENIED. ??

The Phrase is " Easily Legible In All Parts".

nem~

[JammyDodger41]

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

Thankyou both for your replies.

Nem, do you mean that I should write " the document is not easily legible in all parts "?

Other than those points does the Witness Statement read ok do you think ? Many thanks for you help

[JammyDodger41]

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

Everything posted off Special Delivery yesterday to the relevant parties. Thankyou again for your help , its been invaluable.

[nemesis45]

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

Thankyou both for your replies.

Nem, do you mean that I should write " the document is not easily legible in all parts "?

Other than those points does the Witness Statement read ok do you think ? Many thanks for you help

Yes that is a quote from CCA 1974 the agreement "must be easily legible in all parts" the agreement produce by
the claimant does not meet this requirement, the defendant it therefore unable to confirm that this documents is
the agreement relevant to the alleged debt which is the subject off this claim.

nem.:santa2:

[JammyDodger41]

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

Ok, well it didn't take long to get a response.

They have emailed to say that they will drop the ongoing legal claim if we sign a Consent Order which attached and to return it asap due to Christmas and the looming court date.

My instinct is not to sign, am I right in thinking this is like a Tomlin Order and by signing this they expect us to enter into a payment arrangement and can still head back to court at some point should they wish to do so.

I think this is another bit of game playing from them and am inclined not to respond and see if they file their documents with the court by Thursday , as we have already done. I think it is a notice of discontinuance that we are actually hoping for isnt it ?

[nemesis45]

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

Ok, well it didn't take long to get a response.

They have emailed to say that they will drop the ongoing legal claim if we sign a Consent Order which attached and to return it asap due to Christmas and the looming court date.

My instinct is not to sign, am I right in thinking this is like a Tomlin Order and by signing this they expect us to enter into a payment arrangement and can still head back to court at some point should they wish to do so.

I think this is another bit of game playing from them and am inclined not to respond and see if they file their documents with the court by Thursday , as we have already done. I think it is a notice of discontinuance that we are actually hoping for isnt it ?

Cheeky barstewards, agree to a Tomlin order because we've got a duff agreement NO I agree with you let it takes its course!!

nem.