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

[JammyDodger41]

Received a claim? Yes
Issue Date: 28-5-2015
Amount approx: 3546.69
Claimant: PRA Group
Solicitor: Judge & Priestley
Original Credit: MBNA

Particulars of Claim:
The claimant claims the sum of 3281.69 for debt+interest. On 25/03/2006 the defendant entered into an agreement with MBNA for a credit card under reference xxxxxxxx. On 30/06/2012 the defendant defaulted on the agreement with an outstanding balance of 2804.08. On 14/08/2012 the debt of 2792.08 was assigned to Aktiv Kapital Portfolio AS Zug Branchname change, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS
1. the sum of £2684.00
2. Statutory Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 14/08/12 to 27/05/15 597.69 and thereafter at a daily rate of 0.59 until judgment or sooner payment.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
CCA request sent to Aktiv Kapital on the 16th April 2013. They replied with various documents which after posting them on the previous thread appeared to be missing certain terms and agreements (I can post these again to make certain )I advised them of this and on the 24th June 2013 they wrote to say account was on hold. 07 Nov AK wrote again and resent the same documents they had sent previously. AK passed debt to PRA Dec 2014. April 2015 PRA wrote advising accoutn would be passed to J&P. I referred them back to previous CCA requests of 2013. 19 May letter from J&P arrived requesting settlement of debt. I once more wrote to PRA referring back to previous CCA request and also sent the same to J&P . J&P received this in their offices at 8am on the 28th May and the same date issued Court Proceedings as mentioned above. Ont he 2nd June I rewrote to PRA requesting the CCA once more and also to J&P with CPR 31.14 and also acknowledged the claim online with an intention to defend. On the same date we received a letter from J&P wither reference to our referral back to PRA re the CCA request that they had received on the 28th May. This states that they received our CCA request and they advised that it was received after legal proceedings were issued ( it wasn't but we will give them the benefit of the doubt that they didn't actually open the letter until after they had issued proceedings !) They have passed the CCA request to PRA ( as mentioned above we have also done the same directly to PRA) and J&P state that they will forward the documentation to us without delay once they receive it. They have confirmed that the file will now be placed on hold pending receipt of the relevant documents

[JammyDodger41]

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

Following on from advice from Flaming Parrot and Mike on a previous thread I had started re AK and MBNA, I have now completed the forms as requested with regards to the Court Claim. I somehow seemed to messed up the title of the thread that should I assume have read JammyDodger VS J&P but I am hoping this is good enough to get the ball rolling. I think we have done everything by the letter so far . I am now a bit unsure where we go from here and what we should write in our defence but I assume we have a little bit of time to play with.

As usual all advice and assistance greatly appreciated.

[nemesis45]

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

Hi welcome,

PRA/AK same group.
ON HOLD, is a nonsense really once a claim is started AK/PRA has 12 + 2 working days to
comply with the CCA request after that the debt is unenforceable until they come up with an agreement.

Is the default date stated accurate?

It would be of help if you could post those documents again.

nem

[FlamingParrot]

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

CCA request sent to Aktiv Kapital on the 16th April 2013. They replied with various documents which after posting them on the previous thread appeared to be missing certain terms and agreements (I can post these again to make certain )

A good idea to repost them here so we can look at them again.

I once more wrote to PRA referring back to previous CCA request and also sent the same to J&P . J&P received this in their offices at 8am on the 28th May and the same date issued Court Proceedings as mentioned above.

You definitely complied with the pre-action conduct, no doubt about that! :clap2:

Ont he 2nd June I rewrote to PRA requesting the CCA once more and also to J&P with CPR 31.14 and also acknowledged the claim online with an intention to defend. On the same date we received a letter from J&P wither reference to our referral back to PRA re the CCA request that they had received on the 28th May. This states that they received our CCA request and they advised that it was received after legal proceedings were issued ( it wasn't but we will give them the benefit of the doubt that they didn't actually open the letter until after they had issued proceedings !)

It doesn't matter whether they received it before or after issuing proceedings, the obligation to comply only ceases to exist once judgment has been obtained so it doesn't make much difference.

They have passed the CCA request to PRA ( as mentioned above we have also done the same directly to PRA) and J&P state that they will forward the documentation to us without delay once they receive it. They have confirmed that the file will now be placed on hold pending receipt of the relevant documents

This 'on hold' statement is often part of standard template letters used by DCAs whenever someone sends them a CCA request. It does not apply when proceedings have been issued though, there's been cases when people have received such letters putting their account apparently 'on hold' and they have relied on it and received judgment in default. :scared:

You still need to make sure you file a defence before the deadline unless you get the solicitors to agree to an extension (up to 28 days) to file your defence. You can ask them to agree if they don't supply the documents and the deadline is approaching. It is your responsibility as a defendant to inform the court of the agreement. :typing:

Following on from advice from Flaming Parrot and Mike on a previous thread I had started re AK and MBNA, I have now completed the forms as requested with regards to the Court Claim. I somehow seemed to messed up the title of the thread that should I assume have read JammyDodger VS J&P but I am hoping this is good enough to get the ball rolling. I think we have done everything by the letter so far . I am now a bit unsure where we go from here and what we should write in our defence but I assume we have a little bit of time to play with.

As usual all advice and assistance greatly appreciated.

We'll just have to wait and see what they come up with. If no documents are forthcoming then you'll probably have to file the generic defence based around lack of documents, however, as you say, we've still got time.

In the meantime it would be good if you could repost the documents mentioned above. :typing:

[JammyDodger41]

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

Thankyou both of you. Yes Nemesis I am pretty sure that the default date is correct but I will double check it and confirm . I will also repost the documents again to double check. It will probably be tomorrow now.

Many Thanks

[nemesis45]

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

Thankyou both of you. Yes Nemesis I am pretty sure that the default date is correct but I will double check it and confirm . I will also repost the documents again to double check. It will probably be tomorrow now.

Many Thanks

Ok I'll look out for the documents.

This scenario with AK/PRA passing request back and forwards is farce and has been noticed more frequently in the last couple of months, delaying tactics one might suspect, and beware of " on hold " statements".

nem

[JammyDodger41]

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

Apologies for the delay in uploading the documents. The pdfs attached are all the information I have received, barr a few photocopies of credit card statements with and general information usually attached with them, ie info on making a payment, how to contact them etc etc.

Hope this is of some help.

Many thanks for taking a look these. [IMG]AK CCA rqst2.pdf[/IMG][IMG]AK CCA rqst1.pdf[/IMG]

- - - Updated - - -

Ok , I dont think that worked. Hang on I will try again !!

- - - Updated - - -

Take two !

[JammyDodger41]

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

Just to add to the above J&P signed for the CPR 31.14 letter on the 4th June but have yet to respond.

Many Thanks

[nemesis45]

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

Just two pages??

nem

[JammyDodger41]

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

Yes , just those two pages. I then have a bunch of photocopied Credit Card statements from August 2011 until June 2012. each statement is four pages long, page one shows the statement itself, page 2 is a continuation of the statement and under the balance explains about minimum payments, complaints resolution and rates of interest, page three shows the rates of interest ie for card purchases, balance transfers, cash withdrawal etc and the final page shows the contact details, how to make a payment, important information and an information table. If you need to see any of these please let me know, but I think they are pretty irrelevant.

Thankyou

[nemesis45]

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

Well that doesn't sound like 2 full sets of T's & C's to me!

Yes please post copies of the documents in may be easier to
make a judgement on their validity.

nem

[JammyDodger41]

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

Just checking that you managed to open the pdfs ok that I posted above of the documents that they sent. I can post copies of the credit card statements if that is what you wanted to look at for validity ?

Not sure if I am misunderstanding you , sorry its been a long day !

[JammyDodger41]

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

Could I just check please that I am on the right track as to when our defence needs to be filed please ? I'm concerned that we are running out of time.

Just to reiterate Court Claim was 28 May and we responded with intention to defend on the 2nd June. Another CCA request was sent to PRA on the 2nd June, they signed for the letter on the 4th June. We have heard nothing further.

CPR request signed for on the 8th June by J&P ( I typed the wrong date in my post above) therefore I'm assuming they had until the 15th June to respond ? I have heard nothing from them either.

I think we have until the 29th June to file our defence at the latest. Am I correct in thinking we need to file a defence based around a lack of documentation as mentioned by Flaming Parrot above ? If so can you provide any advice on what I should be writing please, or do we sit tight for a little longer ?

I am hoping you have been able to open the documents posted above a few days ago to take a look.

Many Thanks again.

[nemesis45]

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

Take a look round some of the defences on other threads, it will give
an insight into the format and content required.
Make a draft defence and post it here then we can go through it
with you.

nem

[FlamingParrot]

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

Could I just check please that I am on the right track as to when our defence needs to be filed please ? I'm concerned that we are running out of time.

Just to reiterate Court Claim was 28 May and we responded with intention to defend on the 2nd June. Another CCA request was sent to PRA on the 2nd June, they signed for the letter on the 4th June. We have heard nothing further.

If the date printed on the claim was May 28th, then the 30th of June, this is a useful calculator: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

CPR request signed for on the 8th June by J&P ( I typed the wrong date in my post above) therefore I'm assuming they had until the 15th June to respond ? I have heard nothing from them either.

No need to chase the CCA request but you should chase the CPR request, either by letter and/or phone or email. Tell them that you need the documents to prepare your defence and as they haven't supplied them, would they agree to a 28 day extension to file your defence as allowed under CPR 15.5. If they agree, you need to forward the letter or email to the court to inform them. :typing:

I think we have until the 29th June to file our defence at the latest. Am I correct in thinking we need to file a defence based around a lack of documentation as mentioned by Flaming Parrot above ? If so can you provide any advice on what I should be writing please, or do we sit tight for a little longer ?

As above, I'd suggest giving them a nudge and trying for an extension as you've still got more than a week left, failing that you'll find a generic defence based on the lack of documents here:
http://www.legalbeagles.info/forums/...t-Court-Claims