MBNA/PRA problem

[Amethyst]

Re: MBNA/PRA problem

Morning, If the claimants have sent you nothing in response to your CCA and CPR requests then you can either contact them and ask them to agree to an extension pursuant to CPR 15.5 ( 28 days maximum to allow them time to find the documents ) - info - http://www.legalbeagles.info/forums/...filing-defence

OR

File your defence based on no documents/evidence - starting point http://www.legalbeagles.info/forums/...t-Court-Claims

[charitynjw]

Re: MBNA/PRA problem

Hi

If AK sent you a statement of account showing £8000ish (post #1), why are PRA taking you to court for £1055? (post #7)

:confused2:

[meggle]

Re: MBNA/PRA problem

Thanks. I think I'll file a defence based on no documents/evidence. They've had plenty of time to produce it.

The claim is for £10551, the difference being court fees, interest and cost.

[meggle]

Re: MBNA/PRA problem

This is the defence I intend to submit. I should appreciate any comments.

1. The Defendant denies each and every allegation set out in the Claimant's statement of case.
2. On 1^st February 2016 the Defendant wrote to the Claimant requesting copies of the documents referred to in the Claimant's statement of case – pursuant to Civil Procedure Rule 31.14.
3. The letter was sent by first class, signed for post and was received by the Claimant on 2^nd February 2016. To date, the Claimant has not responded to this request in any way.
4. The Claimant's statement of case and failure to provide the requested documents leaves the Defendant unable to properly assess his position with regards to the claim.
5. 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.
6. The Defendant requests the court orders the Claimant to provide the necessary documentation in order for the Defendant to fully plead his case else the Claim should stand struck out.
7. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend his defence and would ask that the Claimants bear the costs of the amendment.
8. It is denied that the Claimant is entitled to the relief as claimed or at all.

[Nibbler]

Re: MBNA/PRA problem

I would not dare comment, but [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] etc probably can

[Amethyst]

Re: MBNA/PRA problem

did you send a CCA request ? If so that DEFINITELY needs including - if you didn't you should get one off now.

Also you do have an actual defence - so you need to use it.

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.

You closed this account in writing, returned you cards and the bank confirmed it had been cleared and closed. Send a SAR to MBNA to get information - hopefully you already did?

I'm preparing the CCA, CPR, and SAR letters now for posting tomorrow

So hang fire we need to do some work on the defence.

This is the defence I intend to submit. I should appreciate any comments.

1. The Defendant denies each and every allegation set out in the Claimant's statement of case.
2. On 1^st February 2016 the Defendant wrote to the Claimant requesting copies of the documents referred to in the Claimant's statement of case – pursuant to Civil Procedure Rule 31.14.
3. The letter was sent by first class, signed for post and was received by the Claimant on 2^nd February 2016. To date, the Claimant has not responded to this request in any way.
4. The Claimant's statement of case and failure to provide the requested documents leaves the Defendant unable to properly assess his position with regards to the claim.
5. 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.
6. The Defendant requests the court orders the Claimant to provide the necessary documentation in order for the Defendant to fully plead his case else the Claim should stand struck out.
7. In the event that the relevant documents are received from the Claimants, the Defendant will then be in a position to amend his defence and would ask that the Claimants bear the costs of the amendment.
8. It is denied that the Claimant is entitled to the relief as claimed or at all.

[meggle]

Re: MBNA/PRA problem

Thanks Amethyst.

I have to go out now but I'll post some more details when I get back.

[meggle]

Re: MBNA/PRA problem

I sent the CPR, CCA and SAR letter but have yet to receive a reply to any of them. I don't imagine PRA or MBNA will be in any hurry to reply, especially considering MBNA's level of customer service as I remember it.



This is the sequence of events as best I remember them.

I applied for and was granted a credit card account by The Bank of Scotland. I can't remember exactly when but 1991 doesn't sound unreasonable.

Several years later, the account was taken over by MBNA.

Sometime in 2012 MBNA announced they would no longer be sending out paper statements, they would be available online instead. I tried contacting their customer support line to ask to continue receiving paper statements found myself wasting a lot of time trying to get through.

In passing, I mentioned the problems to my step-father who suggested I close the account. ?As /I was unable to afford the clear the balance ( in the region of £5000 - £6000 ) he said he'd pay it off for me.

I subsequently wrote to MBNA, enclosing the cards, informing them I wished to close the account and that the balance would be paid off by bank transfer.

Shortly thereafter, I received a letter from MBNA thanking my for my payment and confirming the account was closed.
I heard nothing more from MBNA and I considered everything at an end.

Sometime in 2014 I received a letter from a German sounding company saying I owed them about £8000. It mentioned MBNA but I presumed it was some sort of scam attempt so I just ignored. I received hundreds, if not thousands, of similar scam emails and I've also received 'phishing' telephone calls from "your bank" and "your credit card company" - although they can't say which ones until I confirm my identity by disclosing certain person details.

The next development is the County Court claim form that was served on me on 30th January.



I considered the money from my step-father a loan but, when I tried to repay him the following year, he refused to take it, arguing that he didn't need it and it would come to me when he died anyway.

Unfortunately, after I closed the account I saw no reason to keep any paperwork about it. I can't get my step-father to confirm he made the payment either as he died in 2014.

[meggle]

Re: MBNA/PRA problem

I need to send my defence to the court this week. I'd really appreciate any assistance anyone can offer.

[Nibbler]

Re: MBNA/PRA problem

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] will be along later, I'm sure

[meggle]

Re: MBNA/PRA problem

Also you do have an actual defence - so you need to use it.

You closed this account in writing, returned you cards and the bank confirmed it had been cleared and closed. Send a SAR to MBNA to get information - hopefully you already did?

This gets a little confusing.

The account I opened in 1991 was with the Bank of Scotland, not MBNA, so the allegation that I entered into an agreement with MBNA in 1991 is incorrect. The account was taken over by MBNA several years later.

Should I presume the agreement referred to by the claimant is the one I made with the Bank of Scotland, despite the claimant's failure to produce it?

[NWHC]

Re: MBNA/PRA problem

Did you get an extension?

Did you get your defence in?

Have you had any response from your CCA request or your CPR request?

[meggle]

Re: MBNA/PRA problem

I filed a defence denying the allegation as I did not enter into any agreement with MBNA on or about the date stated. I also stated that I had made a CPR rrequest that had been ignored. (I still haven't receiveld a response to it.) I asked the claimant be ordered to provide the document requested and that the claim be struck out should they fail to do so.

I received a reply to my CAA request today saying they have requested the required information from their client and returning my £1 payment as it "was not required to carry out the request". They also said they've placed my account on hold so will cease any further collections activity until further notice. As proceedings have already been issued, it's a bit late for them to "cease collections activity" unless they drop the case - which I doubt they'll do. It seems to me the left hand doesn't know what the right hand is doing.

MBNA hasn't responded to the SAR yet.

[NWHC]

Re: MBNA/PRA problem

I'm glad you got your defence in. It will I think possibly progress quite slowly now.

Your SAR should take 40 days

Am I right that the claim is for over £10000
If this is the case and it goes to trial the losing side will probably have to bear costs. Not sure if you were aware of that . These can be a lot so it would probably be worth you getting some legal advice if they provide an agreement
Off hand you need to be looking at if the agreement is written correctly -if not it is unenforceable . A classic example would be if they send you a legitimate recon for a MBNA card , you would need to show that it was actually a BOS card

Good luck

[nemesis45]

Re: MBNA/PRA problem

I filed a defence denying the allegation as I did not enter into any agreement with MBNA on or about the date stated. I also stated that I had made a CPR rrequest that had been ignored. (I still haven't receiveld a response to it.) I asked the claimant be ordered to provide the document requested and that the claim be struck out should they fail to do so.

I received a reply to my CAA request today saying they have requested the required information from their client and returning my £1 payment as it "was not required to carry out the request". They also said they've placed my account on hold so will cease any further collections activity until further notice. As proceedings have already been issued, it's a bit late for them to "cease collections activity" unless they drop the case - which I doubt they'll do. It seems to me the left hand doesn't know what the right hand is doing.

MBNA hasn't responded to the SAR yet.

hello meggle,

Strange reply from PRA fee " not required " for CCA request, recently they rejected a request as a fee was not paid!

A SAR has a time scale of 40 days for compliance.

from what you have said so far I think PRA will have to come up with A Bank of Scotland agreement and subsequent MBNA agreement.

When did PRA receive for CCA request? The 12 + 2 Working days timescale starts then.
If it has expired you can use that in your defence.
When is your actually due.

nem