PRA MBNA again.

[itchysusan]

Hi Everyone,


I am looking for some help with a PRA MBNA issue. They seem to be regular "guests" on here. I have read with interest on here the threads relating to PRA and have a similar issue to ADDLED's :
HTML Code:
http://www.legalbeagles.info/forums/...redit-Card#top
The claim is from Northampton CCBC and dated 21st April 2016


PRA are claiming £16,555.59 for debt and interest plus court costs and legal (£100) totalling £17,400.59, relating to me defaulting on an MBNA credit card on 31/07/10 when the balance was £12,437.26


My initial concern is the size of the amount and why its been issued by CCBC. Is this still a small claim?


Secondly, at the time of the default I lost my business (and my mind for a while!) and was at my lowest and I may be wrong but feel sure that this account relates to a Virgin Credit Card as I recognise the amount and this debt was chased by Cabot finance with whom I signed a consent order and have been paying an amount back monthly since around 2011. I cannot find this paperwork unfortunately and don't want to rock any boat by contacting them. The claim make no mention of either Virgin or Cabot but only PRA Group and Aktiv Kapital Portfolio through assignments


It is my intention to acknowledge service and proceed with the CPR 31.14 requests. Initially is this the right thing to do?


Thanks

[MIKE770]

Re: PRA MBNA again.

amount would normally come into Fast Track?

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acknowledge Defend all and CPR yes

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take a look on Noddle for info or the other CRAs? should have info there?


somebody will be along soon to assist!

[Amethyst]

Re: PRA MBNA again.

Morning, The claim is likely to go into the fast track - CCBC is standard for claims by these debt purchasers and covers small claims and fast track.

So you should start off by sending the standard CPR 31.14 and CCA requests - they should easily show up if this is the Virgin card ( MBNA are Virgin so it is a distinct possibility ) so follow the first steps from http://legalbeagles.info/forums/show...it-Court-Claim

Do you have a copy of the consent order with Cabot ? If not, and you have been paying it okay, I don't see an issue contacting them - so I would be inclined to contact Cabot and ask for a copy of the consent order and enquire as to the current balance outstanding and find out whether they have sold on the debt. Do you recall the terms of the consent order - was it subject to six monthly review or anything like that ? Was the Consent order agreed part way through court proceedings ? ( is it lodged with the court?) - or was it pre-action negotiations ?

If they come back and it is the same debt that will of course affect your defence and you'd communicate the situation to PRA. But for now just play it straight by sending standard CCA and CPR 31.14 requests.

The positive side of it being in fast track is that you can apply to enforce the CPR request before you put in any defence, so there is time to investigate things.

As Mike says it might be an idea to check your credit file on Noddle and see if there is anything else lurking about.

[itchysusan]

Re: PRA MBNA again.

Thanks Amethyst,

I haven't got a copy of the consent order. Cabot got a judgement in default but set it aside subject to the consent order which to the best of my recollection was subject to reviews. It never has been and I've continued to pay. the agreed amount.

I will crack on with the CCA and CPR

[itchysusan]

Re: PRA MBNA again.

Good Morning,
I sent off both the CCA request and the CPR letters under separate cover on Tuesday 3rd May. On Thursday 12th May I received a generic computer generated response to the CCA request dated 10th May returning my £1.00 postal order and explaining that they have requested it from the original creditor (who according to the letter has changed from MBNA to Varde Experto??) and it may take longer than the 12 days. They also enclosed a fact sheet explaining my continuing obligations.

I have received no separate response to the CPR letter and am now concerned re preparing defence. Should I send a reminder?

Thanks

[itchysusan]

Re: PRA MBNA again.

Hi

I am considering following up my CPR request that PRA have failed to answer. Is this ok?:

Dear Sir,
Re: PRA Group (UK) Ltd. v XXXXXXXXX Case No XXXXXXXXX
CPR 31.14 Request
On 3rd of May inst I wrote to you (copy letter enclosed), to request under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the agreement should also be attached.
2 Default Notice
3 The assignments.
4 Copy of the notice served.
As of this moment you have failed to comply with my request.
As I write I still have not delivered my defence or assessed any counterclaim and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
Please note that as you have failed to comply with this request, failed to request more time or failed to agree to an extension of time for the filing of my defence, I intend to make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
Yours faithfully,
Thanks