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

[JammyDodger41]

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

Thanks again Nem !!

Shall I just completely ignore it ?

[MIKE770]

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

of course! another style of begging letter

[nemesis45]

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

Thanks again Nem !!

Shall I just completely ignore it ?

Certainly! ( but keep the letter filed away)

nem.:candycane:

[JammyDodger41]

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

Will do. It was only an email. They couldn't even be bothered to post it !!

Hope you all have a lovely Christmas !

[JammyDodger41]

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

Happy New Year to you all.

We have checked with Royal Mail and can see that both J&P and the Court received our Witness Statement on the 22nd Dec, the deadline was the 24th. We have received nothing from J&P other than another letter asking us to sign a Consent Order. . We rang the Court on Thursday but they were unable to tell us if they had received anything from J&P and the documents we had sent weren't showing in their system either. What happens now ? On the basis they have provided nothing, are they allowed to arrive in Court on the day and then rely on whatever Witness Statement / evidence they bring with them ? Seems a bit unfair if they can I would think ? Thankyou

[nemesis45]

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

Happy New Year to you all.

We have checked with Royal Mail and can see that both J&P and the Court received our Witness Statement on the 22nd Dec, the deadline was the 24th. We have received nothing from J&P other than another letter asking us to sign a Consent Order. . We rang the Court on Thursday but they were unable to tell us if they had received anything from J&P and the documents we had sent weren't showing in their system either. What happens now ? On the basis they have provided nothing, are they allowed to arrive in Court on the day and then rely on whatever Witness Statement / evidence they bring with them ? Seems a bit unfair if they can I would think ? Thankyou

No the documents Must be disclosed AT Least 14 days prior to the hearing, a court may /will impose sanctions for non compliance.

nem

[JammyDodger41]

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

Thanks again Nem,

So do I need to do anything more, or just attend Court next week ( unless we hear otherwise) ?

[nemesis45]

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

Thanks again Nem,

So do I need to do anything more, or just attend Court next week ( unless we hear otherwise) ?

Yes you have " done your bit" and complied with the court process, if the claimant has failed to comply
that's only going to look bad for them.

Good luck!!

nem

[JammyDodger41]

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

Hi Nem,

Really hope that you are around for some more advice.

Had a call from Solicitors today asking why we haven't signed the Consent Order.The Consent Order they sent us had three points - 1. No Order as to costs and interests 2. The hearing scheduled for .....should be vacated and 3. The Claimants claim be dismissed. Vague as vague as can be we felt. We told the Solicitors as such and that we had no intention of signing it. They say if we do there will never ever be any comeback and the debt can never be pursued.They state that their client has absolutely no intention of going to court this week but we must sign this form to that effect. Don't trust them with a barge pole obviously. Im thinking if its vacated they can still pursue at some point am I right ? This just seems incredibly vague and looks liek it was knocked up quickly on their computer before they went home. Should it not be some official looking letter / form ?

Surely they shouldn't be hassling us with two days to go before the hearing ? Should they not be advising the Court of a Notice of Discontinuance if they really want to avoid Court and is there not an official Notice of Discontinuance form that they should be sending ?

They say they are emailing again this afternoon some more documents that we have to sign in order to knock this all on the head, but I am very very wary of signing anything that they send when everything I have read seems to say that unless a Notice of Discontinuance is issued it can still be pursued. Have I got this completely wrong or is this exactly what we should be asking for, or should they not even be in contact with us at this stage and they should be dealing with it their end via the Court ? Many Thanks for your assistance

[nemesis45]

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

Hi Nem,

Really hope that you are around for some more advice.

Had a call from Solicitors today asking why we haven't signed the Consent Order.The Consent Order they sent us had three points - 1. No Order as to costs and interests 2. The hearing scheduled for .....should be vacated and 3. The Claimants claim be dismissed. Vague as vague as can be we felt. We told the Solicitors as such and that we had no intention of signing it. They say if we do there will never ever be any comeback and the debt can never be pursued.They state that their client has absolutely no intention of going to court this week but we must sign this form to that effect. Don't trust them with a barge pole obviously. Im thinking if its vacated they can still pursue at some point am I right ? This just seems incredibly vague and looks liek it was knocked up quickly on their computer before they went home. Should it not be some official looking letter / form ?

Surely they shouldn't be hassling us with two days to go before the hearing ? Should they not be advising the Court of a Notice of Discontinuance if they really want to avoid Court and is there not an official Notice of Discontinuance form that they should be sending ?

They say they are emailing again this afternoon some more documents that we have to sign in order to knock this all on the head, but I am very very wary of signing anything that they send when everything I have read seems to say that unless a Notice of Discontinuance is issued it can still be pursued. Have I got this completely wrong or is this exactly what we should be asking for, or should they not even be in contact with us at this stage and they should be dealing with it their end via the Court ? Many Thanks for your assistance

Hi JD,

you are wise to be wary!!

Can you post up a redacted copy of the Tomlin Order please.
Check with the court in the morning to see if they have done
anything.

Advise the court of the claimants / solicitors action/suggestion, my feeling is they
don't want this before judge.
Check back here when you get these other docs.

[JammyDodger41]

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

Thanks Nem,

Have attached for you to take a look at hopefully.

They keep on saying in their calls that they don't want to go to court and as we already know they haven't supplied Witness Statements etc.

Will be interesting to see what you make of the attached.

Many Thanks

[nemesis45]

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

Thanks Nem,

Have attached for you to take a look at hopefully.

They keep on saying in their calls that they don't want to go to court and as we already know they haven't supplied Witness Statements etc.

Will be interesting to see what you make of the attached.

Many Thanks

OK

It certainly seems that they dont want this claim in front of a judge!
You could " suggest " your own amendments such as.

No further claim or pursuit for payment to be made at any time in the future by any party.
The alleged debt which is the subject of the claim is not to be sold or assigned for collection
to any third party.

Nem

[JammyDodger41]

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

Thats roughly what we said to them on the phone today ( althoguh your suggestions were far more eloquent !) and they said they would send an amendment to us by email immediately , but nothing arrived.

What do you suggest ? Get the amendments and sign the Consent Order, Let it take its course, show up in Court this week and let the Judge do his thing ?

Does a Notice of Discontinuation stop it from being chased again , should we be asking for that or am I getting a bit muddled ?

[nemesis45]

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

Thats roughly what we said to them on the phone today ( althoguh your suggestions were far more eloquent !) and they said they would send an amendment to us by email immediately , but nothing arrived.

What do you suggest ? Get the amendments and sign the Consent Order, Let it take its course, show up in Court this week and let the Judge do his thing ?

Does a Notice of Discontinuation stop it from being chased again , should we be asking for that or am I getting a bit muddled ?

A notice of discontinuation is a vague term, I would prefer the a dismissal on the grounds and conditions set down for your own peace of mind.
Get the amendments agreed and put before the judge is my advice,

nem

[JammyDodger41]

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

Brilliant thankyou Nem. So you are saying that these amendments are probably better than the Notice of Discontinuation or attending Court and seeing what the Judge has to say about it all ?

So we get the amendments, sign the form and do they send it to the Court or do we still attend and take it with us ?

I'm getting a bit confused on who does what, its been a long day ! Sorry for all of the questions .