Pra group uk ltd v mulls

[mulls]

Hi all,

Issue Date: 29th July 2016
Amount approx: 7206.79
Claimant: PRA GROUP UK LTD
Solicitor: ROBERT MARR
Original Creditor: MBNA
Particulars of Claim: the claimant claims the sum of 6696.79 for debt and interest. on 20/08/08 the defendant entered into an agreement with mbna eurpoe bank ltd for a credit card. on 29/6/13 the defendant defaulted on the agreement. on 21/8/13 the debt of 5423.52 assigned to aktiv kapital portfolio as oslo zug branch, who itself assigned the debt to PRA Group UK on 31/12/14. notices of assignmentr were sent to the defendant in accordance with s136 law of property act 1925, and the claimant claims 1. the sum of 5423.52, 2 statutory interest pursuant to s69 county courts act 1984 at a rate of 8% per annum from 21/8/13 to 28/7/16 and thereafter at a daily rate of 1.19 until judgement or sooner payment.
Is the debt Statute Barred? NO
List any letters you have sent:CCA and CPR letters prepared today, not yet sent.
Any Other Info:
looking for some help with regards to this. Upon returning from holiday, I found a CCJ application from PRA group had arrived in the post on the day I left for holiday, 29th July.

I have acknowledged it via moneyservice today with my intention to defend.

it relates to an original creditr card with MBNA. I lost my job due to medical reasons icluding depression and panic attacks and was unable to make repayments. I have also moved several times and not always updated addresses. I have not received any default notice from MBNA or assignment notices as to who had the debt currently. Other debts are in the process of being resolved via small payments but I had no idea who had this debt.

Any help before i send the requests would be gratefully received.

Mulls

[mulls]

Re: Pra group uk ltd v mulls

any help please [MENTION=55034]nemesis45[/MENTION] ?

[nemesis45]

Re: Pra group uk ltd v mulls

any help please @nemesis45 ?

Hello Mulls, apologies for missing your earlier post if you don't get a response either tag someone as you have now or BUMP your thread.
Just reading now.

nem

[nemesis45]

Re: Pra group uk ltd v mulls

OK,

Defaulted within 2 months of opening is that correct?
Get the CCA request sent to PRA with £1 postal order marked clearly " For Statutory Fee Only". use signed for post and check delivery and signature.

PRA adsorbed AKTIV Kapital and all AK's debt portfolio, Robert Marr is what might be called a " solicitor for rent" having " headed up " numerous legal departments for various debt purchasers.
Does the claim form state and address in Kent for service of documents?

nem

[mulls]

Re: Pra group uk ltd v mulls

OK,

Defaulted within 2 months of opening is that correct?
Get the CCA request sent to PRA with £1 postal order marked clearly " For Statutory Fee Only". use signed for post and check delivery and signature.

PRA adsorbed AKTIV Kapital and all AK's debt portfolio, Robert Marr is what might be called a " solicitor for rent" having " headed up " numerous legal departments for various debt purchasers.
Does the claim form state and address in Kent for service of documents?

nem

[MENTION=55034]nemesis45[/MENTION] The credit card was taken out in 2008. it was apparently defaulted in june 13, assigned to aktiv kapital aug 13 and then PRA dec 14.

The address is in Bromley Kent. Do I send both the CCA and CPR request to that address as its the only one I have for them- no separate solicitors address.

Also in the CPR request should i be asking for the the default notice, copies of the notices of assignments, neither of which i ever received or is there anything else? I am also stuck on the date of filing od defence.. is it 28 days from the date I acnowledged service?


ta
Mulls

[charitynjw]

Re: Pra group uk ltd v mulls

I am also stuck on the date of filing od defence.. is it 28 days from the date I acnowledged service?

33 days from the court claim issue date (on the front of the court claim form).

[R0b]

Re: Pra group uk ltd v mulls

@nemesis45 The credit card was taken out in 2008. it was apparently defaulted in june 13, assigned to aktiv kapital aug 13 and then PRA dec 14.

The address is in Bromley Kent. Do I send both the CCA and CPR request to that address as its the only one I have for them- no separate solicitors address.

Also in the CPR request should i be asking for the the default notice, copies of the notices of assignments, neither of which i ever received or is there anything else? I am also stuck on the date of filing od defence.. is it 28 days from the date I acnowledged service?


ta
Mulls

Yes request, the default notice, the notice of assignments

[mulls]

Re: Pra group uk ltd v mulls

[MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]
right, I have received 2 letters from PRA group in response to the cca and cpr letters...

The first states;

In response to your letter of the 16th August, we advise as follows:
1: we do not currently have a copy of the original default notice in our possession or control. This has been requested from the original creditor and will be sent to you as soon as possible.
2:copies of all previous notices of assignment are enclosed
3: a copy of our letter before claim is enclosed.

All of the notices of assignment and the letter before action ( which was dated june 2016) were sent to an old address. Strange how they can send a CCJ summons to my new address but not the letter before action.

The second letter is in respect of the CCA request. They have returned the postal order stating it is not required to action my request, and state that they have "requested"the required information. They will provide me with an update as soon as possible apparently.

My defence needs to be submitted tomorrow, and I am now wondering what to base the defense on and what to put in it. I will obviously need to do this after work tonight, s any advice today would be very much appreciated.. I never received the original default notice, and obviously the notices of assignment and letter before action were sent to an old address that I haven't lived at for years...
thanks
Mulls

[Diana M]

Re: Pra group uk ltd v mulls

@nemesis45 @Diana M
right, I have received 2 letters from PRA group in response to the cca and cpr letters...

. . . The second letter is in respect of the CCA request. . . . . and state that they have "requested"the required information. They will provide me with an update as soon as possible apparently.

My defence needs to be submitted tomorrow, and I am now wondering what to base the defense on and what to put in it.

Do not miss that Defence filing deadline (tomorrow 4 pm).

You now have confirmation from the horse's mouth (aka PRA) that they don't have the Credit Agreement which means they are in default of your s.78 Request. That's relevant to your Defence.

The POC say the account was opened in 2008 but are you certain of that fact/date too?

Di

[nemesis45]

Re: Pra group uk ltd v mulls

OK,

Returning the £1.00 stat fee does not mean the request has not been accepted in terms of compliance with provisions of CCA 1974
this can /should be part of your defence.

Non compliance with the CCA request means that after the 12 + 2 working days has expired the debt is rendered unenforceable until the agreement
or a compliant reconstituted one is provided.

Look a the specimen defence in the green box at the top of the main forum page. Make a draft and post here so we can go through it with you.

nem

[mulls]

Re: Pra group uk ltd v mulls

ok. @nemesis45 @Diana M here is the draft defence.. let me know what you think so I can get it altered if necessary and emailed to the court tomorrow.
Diana, I cannot recall if that date is true, This situation has been caused by a los of mployment and ongoing employment tribunal, linked to mental health problems and PTSD...

1: I received the claim, claim number xxxxxx from the Northampton County Court on 7^th August 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital portfolio AS on xxxx, and then to PRA group (UK) LTD on xxxxxxxx. The Defendant does not recall receiving either notice of assignment.

6. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 16^th August 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Robert Marr the claimants solicitor. I requested the Claimant provide copies of the original default notice, copies of the notices of assignment to Aktiv Kapital and PRA Group, and the formal demand prior to court action.

8. Robert Marr has sent the copies of notice of assignment and a copy of the letter before the claim, but has failed to provide me with a copy of the original default notice, stating that he does not have one in his possession or control.

9. On the 16th August I sent a formal request for a copy of the original agreement to PRA Group (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[mulls]

Re: Pra group uk ltd v mulls

[MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] is this OK please? Thanks mulls

[nemesis45]

Re: Pra group uk ltd v mulls

OK .

Do you believe the debt could be statute barred? i.e. no payments, acknowledgments in 6 clear years?

nem

[mulls]

Re: Pra group uk ltd v mulls

No I don't believe it would be. I think the last payments would have been 2012 maybe..

[nemesis45]

Re: Pra group uk ltd v mulls

No I don't believe it would be. I think the last payments would have been 2012 maybe..

Ok the defence is good to go.

nem