MBNA/PRA problem

[meggle]

Re: MBNA/PRA problem

It was my step-father who paid it. It's difficult to contact him now as he died in 2014 and I don't know which bank he used.

[nemesis45]

Re: MBNA/PRA problem

It was my step-father who paid it. It's difficult to contact him now as he died in 2014 and I don't know which bank he used.

Meggle, I'll come back to this tomorrow, in middle of a clear up after last nights storm

nem

[meggle]

Re: MBNA/PRA problem

Just an update of the progress thus far.

Despite their statement of case claiming I entered into an agreement with MBNA in 1991, they've sent me a barely legible photocopy of my application to the Bank of Scotland. They also sent some statements of account, the first dated November 2005. There was nothing covering the period from 1991 until 2005 and the payment made by my step-father isn't shown either. An accompanying letter simply states that the documents prove I owe the money, instructs me ro complete a financial statement and return it to them with an offer of payment.

The BoS application doesn't show any terms and conditions. I replied to PRA asking them how the BoS application related to MBNA but, thus far, they appear to be ignoring me.

Acting on a hunch, I looked up MBNA Limited on the Companies House website. The company was first incorporated on 25th January 1993 so it wasn't possible for anyone to have entered into an agreement with them in 1991.

[nemesis45]

Re: MBNA/PRA problem

Just an update of the progress thus far.

Despite their statement of case claiming I entered into an agreement with MBNA in 1991, they've sent me a barely legible photocopy of my application to the Bank of Scotland. They also sent some statements of account, the first dated November 2005. There was nothing covering the period from 1991 until 2005 and the payment made by my step-father isn't shown either. An accompanying letter simply states that the documents prove I owe the money, instructs me ro complete a financial statement and return it to them with an offer of payment.

The BoS application doesn't show any terms and conditions. I replied to PRA asking them how the BoS application related to MBNA but, thus far, they appear to be ignoring me.

Acting on a hunch, I looked up MBNA Limited on the Companies House website. The company was first incorporated on 25th January 1993 so it wasn't possible for anyone to have entered into an agreement with them in 1991.

That sounds very promising meggle, Can we see the " agreement " supplied please.

nem

[meggle]

Re: MBNA/PRA problem

Hi Nem,

Here's the document, for what it's worth. I scanned it at a high resolution to keep it as legible as possible and I've blanked out my personal details.

[nemesis45]

Re: MBNA/PRA problem

Hi Nem,

Here's the document, for what it's worth. I scanned it at a high resolution to keep it as legible as possible and I've blanked out my personal details.

This fails on the simple point that it's not easily legible in all parts.
Also if the account was changed from BOS to MBNA there must be T's and C's for the MBNA account and the BOS account.
I agree with you on the MBNA incorporation date to.

I would write back stating that you reject the document (s) as not complying with your CCA request for reasons that you are sure they are aware, and suggest that they withdraw the claim.
Say no more than that.

nem

[meggle]

Re: MBNA/PRA problem

Result!!! arty:


Hi Nem,

I took your advice and wrote to them saying the BoS document did not comply with my CCA request and suggesting they withdraw their claim. As I posted it last night it wouldn't hit the mail stream until today so they'll get it in the next day or two.

It seems I wasted my time however. Today I received a letter from them with a Notice of Discontinuance and a draft consent order that each party bear their own costs.

I'm tempted to ask that they bear my (minimal) costs but, as it was likely to be allocated to the Small Claims track, I doubt it worth it. Their costs (£450 court fee plus £100 legal rep's. fee) greatly exceed mine.

Thank you all for the help and advice given to assist me in this matter.

[MIKE770]

Re: MBNA/PRA problem

do not sign they have discontinued they pay! await Amathist or others to advise?

'Amethist Nemisis45

- - - Updated - - -

do not sign they have discontinued they pay! await Amathist or others to advise?
[MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[meggle]

Re: MBNA/PRA problem

I will wait, thanks.

One thing that does concern me is that the draft order is one one page and my consent to it will be on another. What's to stop PRA replacing the draft order with another draft?

[nemesis45]

Re: MBNA/PRA problem

Result!!! arty:


Hi Nem,

I took your advice and wrote to them saying the BoS document did not comply with my CCA request and suggesting they withdraw their claim. As I posted it last night it wouldn't hit the mail stream until today so they'll get it in the next day or two.

It seems I wasted my time however. Today I received a letter from them with a Notice of Discontinuance and a draft consent order that each party bear their own costs.

I'm tempted to ask that they bear my (minimal) costs but, as it was likely to be allocated to the Small Claims track, I doubt it worth it. Their costs (£450 court fee plus £100 legal rep's. fee) greatly exceed mine.

Thank you all for the help and advice given to assist me in this matter.

Good result meggle!!

Always happy to help.

They obviously knew what we picked up on straight away and could see no point in continuing with that load of rubbish.

I would personally be rid of them and sign the costs order.

nem

[meggle]

Re: MBNA/PRA problem

Good result meggle!!

I would personally be rid of them and sign the costs order.

nem

That's my thought.

My only concern is as stated in my reply to Mike770, that the draft order is on one page and my consent to it will be on another. The consent page simply says "We consent to an order in the above terms" with spaces for PRA and me to sign. What's to stop PRA replacing the draft order with another draft after I've signed? I know no reputable person or company would do such a thing but there doesn't appear to be anything to prevent it.

[nemesis45]

Re: MBNA/PRA problem

That's my thought.

My only concern is as stated in my reply to Mike770, that the draft order is on one page and my consent to it will be on another. The consent page simply says "We consent to an order in the above terms" with spaces for PRA and me to sign. What's to stop PRA replacing the draft order with another draft after I've signed? I know no reputable person or company would do such a thing but there doesn't appear to be anything to prevent it.

I


Hello meggle,

Such action would be an abuse of process and I don't think even PRA would do this as you will have retained copies of the original documents.

nem