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MBNA/PRA problem

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  • MBNA/PRA problem

    Hi,

    I have just received a claim form from the County Court Business Centre issued by PRA. I should be grateful for any advice as to how I should proceed.

    Sometime around 1990 I applied for and was granted a Bank of Scotland 'Affinity' Credit Card. In 2005, this was taken over by MBNA. At first eveything was OK but MBNA's customer service gradually deteriorated and, in 2012, I wrote to them, enclosing my credit cards, as informed them I wished to close my account.

    I received a reply thanking me for my payment and confirming my account was closed. Unfortunately, I no longer have that letter. I heard nothing more until late 2014 when I received a 'statement of account' from Aktiv Kapital claiming I owed them (AK) over £8000. The statement mentioned an 'Original Creditor' as MBNA Europe Bank Ltd. As I had never heard of Aktiv Kapital before, I presumed it was some type of scam. I receive hundreds, if not thousands, of similar 'statements' by e-mail and I thought this was just a variation of those so ignored it.

    In January 2015, I received a similar 'statement', this time from PRA Group. I attempted to contact MBNA a few times to clarify the situation but gave up after repeatedly having to wait unreasonable lengths of time for one of their advisors to take my call.

    I heard nothing more until the claim form arrived yesterday. It shows the claimant as PRA Group (UK) Ltd and their statement of case say that I entered into an agreement with MBNA on 8/11/91 and that I defaulted on 31/7/2013. The claim is for the amount shown on the statements I received together with interest for the period 20/9/2013 to 21/1/2016, a court fee and legal representative's costs.

    I find it strange that they allege the original agreement was with MBNA when, in fact, it was with the Bank of Scotland.

    After I closed the account, believing it was all clear, I saw no reason to keep any of the paperwork relating to it. With hindsight, I was wrong to discard it. I am now at a disadvantage, partly due to that and the delay between the alleged default and the issue of proceedings.
    Tags: None

  • #2
    Re: MBNA/PRA problem

    I imagine they have incomplete records of the original and transfer/assignment over the years.

    @pt2537's blog post on this sums up what a hopeless bunch PRA and MBNA are: https://consumercreditlitigationandd...-what-a-start/

    I also find it odd how an account you paid off and closed can p[op up with £8K on it. A few £100 you could perhaps understand if there was a small error in the settlement, but not £8K.

    1st steps to take ASAP are here --> http://legalbeagles.info/forums/show...it-Court-Claim

    Comment


    • #3
      Re: MBNA/PRA problem

      Originally posted by meggle View Post
      Hi,

      I have just received a claim form from the County Court Business Centre issued by PRA. I should be grateful for any advice as to how I should proceed.

      Sometime around 1990 I applied for and was granted a Bank of Scotland 'Affinity' Credit Card. In 2005, this was taken over by MBNA. At first eveything was OK but MBNA's customer service gradually deteriorated and, in 2012, I wrote to them, enclosing my credit cards, as informed them I wished to close my account.

      I received a reply thanking me for my payment and confirming my account was closed. Unfortunately, I no longer have that letter. I heard nothing more until late 2014 when I received a 'statement of account' from Aktiv Kapital claiming I owed them (AK) over £8000. The statement mentioned an 'Original Creditor' as MBNA Europe Bank Ltd. As I had never heard of Aktiv Kapital before, I presumed it was some type of scam. I receive hundreds, if not thousands, of similar 'statements' by e-mail and I thought this was just a variation of those so ignored it.

      In January 2015, I received a similar 'statement', this time from PRA Group. I attempted to contact MBNA a few times to clarify the situation but gave up after repeatedly having to wait unreasonable lengths of time for one of their advisors to take my call.

      I heard nothing more until the claim form arrived yesterday. It shows the claimant as PRA Group (UK) Ltd and their statement of case say that I entered into an agreement with MBNA on 8/11/91 and that I defaulted on 31/7/2013. The claim is for the amount shown on the statements I received together with interest for the period 20/9/2013 to 21/1/2016, a court fee and legal representative's costs.

      I find it strange that they allege the original agreement was with MBNA when, in fact, it was with the Bank of Scotland.

      After I closed the account, believing it was all clear, I saw no reason to keep any of the paperwork relating to it. With hindsight, I was wrong to discard it. I am now at a disadvantage, partly due to that and the delay between the alleged default and the issue of proceedings.
      Get CCA request away to PRA for a copy of the agreement relating to the claim.
      A £1 statutory fee is payable use a postal order endorsed " For Statutory Fee Only"
      PRA ha 12 + 2 Working Days to comply. There's a template in the forum library,
      use signed for post.
      Is PRA using a solicitor?
      If so which one?

      All is not lost! I suspect the claim may fall on the agreement.
      Can you please post a copy of the N1 claim form after removing
      claim number your name and address.

      nem

      Comment


      • #4
        Re: MBNA/PRA problem

        Thanks for the advice. PRA does not appear to be using a solicitor.

        I have a redacted copy of the claim form, how can I post it here? The 'insert image' option seems to need the form to be hosted on a HTTP server.

        Comment


        • #5
          Re: MBNA/PRA problem

          You need to click Advanced Reply then click the paperclip icon in order to upload the documents. It needs to be under 4mb xxx
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: MBNA/PRA problem

            That £8K figure was one of the things that made me think it was a scam. It's the sort of thing scammers do to panic the victim into reacting without thinking.

            Comment


            • #7
              Re: MBNA/PRA problem

              Thanks Amethyst,

              Here's the claim form -
              Attached Files

              Comment


              • #8
                Re: MBNA/PRA problem

                in 2012, I wrote to them, enclosing my credit cards, as informed them I wished to close my account. I received a reply thanking me for my payment and confirming my account was closed
                So when you sent back your cards you sent them a payment for the remaining balance you think ?

                I think a SAR ( subject access request ) is in order to MBNA for all information they hold about you including all transaction lists ( as well as the CPR and CCA requests - as per the first steps guide http://www.legalbeagles.info/forums/...it-Court-Claim ) to find out what's been happening with this account.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: MBNA/PRA problem

                  Originally posted by Amethyst View Post
                  So when you sent back your cards you sent them a payment for the remaining balance you think ?
                  Thank you for the advice thus far.

                  The payment was sent separately by my step-father, it wasn't sent with the cards.

                  I'm preparing the CCA, CPR, and SAR letters now for posting tomorrow. Should the CCA be sent to PRA (the claimants on the claim form) or MBNA (the original alleged creditors)?

                  Comment


                  • #10
                    Re: MBNA/PRA problem

                    To PRA.

                    Comment


                    • #11
                      Re: MBNA/PRA problem

                      I sent a CPR 31:14 request to the claimant last Monday by signed for post. It was delivered on Tuesday ( 2nd Feb. 2016) but I've heard nothing back from them yet.

                      My defence, thus far, is that I did not enter an agreement with MBNA on or about 8/11/91. As the claimants have failed to supply any evidence whatsoever to support their claim, can I now ask the court to strike it out? If not, what should I do now?

                      Comment


                      • #12
                        Re: MBNA/PRA problem

                        With reference to my last post, can anyone advise me please? I have less than two weeks to submit a defence.r

                        Comment


                        • #13
                          Re: MBNA/PRA problem

                          [MENTION=55034]nemesis45[/MENTION] ?

                          Comment


                          • #14
                            Re: MBNA/PRA problem

                            Originally posted by meggle View Post
                            I sent a CPR 31:14 request to the claimant last Monday by signed for post. It was delivered on Tuesday ( 2nd Feb. 2016) but I've heard nothing back from them yet.

                            My defence, thus far, is that I did not enter an agreement with MBNA on or about 8/11/91. As the claimants have failed to supply any evidence whatsoever to support their claim, can I now ask the court to strike it out? If not, what should I do now?
                            CPR should go to the claimants solicitors, CCA request with fee to the claimant.

                            nem

                            Comment


                            • #15
                              Re: MBNA/PRA problem

                              [MENTION=55034]nemesis45[/MENTION]

                              Already done nem.

                              This part was the question I think, as nothing forthcoming from the requests.

                              Originally posted by meggle View Post
                              My defence, thus far, is that I did not enter an agreement with MBNA on or about 8/11/91. As the claimants have failed to supply any evidence whatsoever to support their claim, can I now ask the court to strike it out? If not, what should I do now?

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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