PRA Group has taken me to court

**Littlepig** · 19th November 2016, 12:21:PM

Re: PRA Group has taken me to court

I heard from the PRA Group saying that they were going to start making investigations of my financial circumstances and searced my credit file?
This is a copy of the letter they sent me.

A couple of questions on this letter.
1 Are they allowed to search my credit file
2 They say I took a credit card out withy MBNA (on or around) the date on the letter shouldn't they have the exact date?

**Littlepig** · 19th November 2016, 12:25:PM

Re: PRA Group has taken me to court

After this I sent a SAR to MBNA and they sent me some documents but say they haven't sent some as they do not hold them?
ie: Notice of default has not been retained

This is the letter they sent.

**Diana M** · 19th November 2016, 12:29:PM

Re: PRA Group has taken me to court

Originally posted by Littlepig View Post

I'm still trying to find my way around the site so apologies...
Thanks to @dianaM for your advice.
SO....
Here I am PRA Group V's Me in County Court

. . . . . It went to Default then to Aktiv Kapital then to EXPERTO CREDITE then to PRA GROUP
.

Don't stress. Everything is fixable

First of all what year was this MBNA account opened? It's useful to know it was opened in a Halford's store.

Unless I'm wrong this debt was probably sold to Varde (collected by Experto Credite) before it was sold to Aktiv Kapitol then assigned to PRA (not the other way round). Believe it or not this assignment route (via Varde) may help you. What year did they get involved?

Post up the POC so everything becomes clearer. Also confirm what stage these proceedings have reached.

Di

**Littlepig** · 19th November 2016, 12:31:PM

Re: PRA Group has taken me to court

They sent me one two sided A4 copy of my CCA

**Littlepig** · 19th November 2016, 12:36:PM

Re: PRA Group has taken me to court

I received a claim from Northampton County court December 2015 from the PRA Group I responded to this saying that I was intending to defend this and the court had no jurisdiction as this account is statute barred.
I never heard anything again

**Diana M** · 19th November 2016, 12:40:PM

Re: PRA Group has taken me to court

Originally posted by Littlepig View Post

I heard from the PRA Group saying that they were going to start making investigations of my financial circumstances and searced my credit file?
This is a copy of the letter they sent me.

A couple of questions on this letter.
1 Are they allowed to search my credit file
2 They say I took a credit card out withy MBNA (on or around) the date on the letter shouldn't they have the exact date?

I've seen that same letter (with different personal details and information) many times. They were sent out in October 2015 and were often followed by a Default Notice issued by PRA.

You've only uploaded the first page but was that letter signed by a person with the initials SG (please don't post the whole name)?

The letter says you entered into a credit agreement with Varde on 8th May 2008. No you didn't. You say you opened an account with MBNA. Or have I misunderstood.

Yes they can search your credit file. They do it for two reasons. Firstly to confirm where you live (Electoral Roll and other credit registered on your file) so that they don't issue proceedings to an incorrect address, and secondly to see what you're 'worth' i.e. if you are a homeowner. A mortgage account registered on your CRA file gives them a clue, and Equifax list Land Registry details of property owned.

Di

**Littlepig** · 19th November 2016, 12:42:PM

Re: PRA Group has taken me to court

In September this year I received a second notice from the same court but with a different claim number but for the same account from the PRA Group, again I responded to this in the same way as the first and sent it back stating I was intending to defend, all this was done online through the money claim online website

- - - Updated - - -

The next was the default judgment saying that it had been awarded to the PRA Group as I did not respond ?

**Diana M** · 19th November 2016, 12:50:PM

Re: PRA Group has taken me to court

Originally posted by Littlepig View Post

I sent a SAR to MBNA and they sent me some documents but say they haven't sent some as they do not hold them?
ie: Notice of default has not been retained

Did the SAR documents sent include the Transaction Log and the Phone Log?

The Transaction Log will record when (if) a DN was sent and when the account was terminated and when it was assigned to Varde/Experto Credite. This information can be used to cross-check any reconstituted document produced by the Claimant.

Di

**Littlepig** · 19th November 2016, 12:53:PM

Re: PRA Group has taken me to court

I telephoned the court and stated I did respond and submitted my reasons for defence and I have not heard anything since?
The court guy was very helpful and advised I could ask for this to be set aside and to state my reasons but I would have to pay.
I also asked what had happened to the first claim back in December 2015 and he told me it was (Stayed) as PRA never responded and said it was very odd, as all they had to do was to apply and pay for the Stay lifted and proceed on that claim number instead of a new claim.
I responded with the reasons for application for this to be set aside as follows.

I would like to ask the court for this judgement to be setaside for the following reasons.
It states on the claim form dated the XX^th ofOctober 2016 that the defendant did not reply to the claim form.
I responded to the claim form on line on the XX^thof September XX^th of September 2016 it was then acknowledged thefollowing day the XX^st.
I stated that I would wish to..
Intention
I intend to defend all of this claim
I intend to contest jurisdiction

The reasons for this are that this claim comes under the limitations act of 1980 and therefore statute barred andis not pursuable through court.

I wrote to the PRA advising them of myintentions and asked them to disclose any documents they have under (the rightto access) and also advise me if there would be any charge for this as I intendto defend this in court.

I have never heard from the PRA Groupsince

I also never heard from the court sincemy service was acknowledged on the XXst

- - - Updated - - -

I now have received a letter back from the court stating that this is now to be transferred to my local court

**Littlepig** · 19th November 2016, 12:56:PM

Re: PRA Group has taken me to court

So that's where I am at the moment...
Thanks again in advance for any help, guidance or advice you can offer me as to my next steps.

**Diana M** · 19th November 2016, 13:06:PM

Re: PRA Group has taken me to court

Originally posted by Littlepig View Post

So that's where I am at the moment...
Thanks again in advance for any help, guidance or advice you can offer me as to my next steps.

You've done a great job so far

The current situation is your application for a set aside has been transferred to your local county court who will write to you with a Hearing Date (or did you ask for the application to be dealt with on paper without a hearing?) and Directions.

You've presumably given the court the following reasons for your set aside application (a) procedural errors by the Claimant (who issued a second claim while the first claim was stayed) and (b) the debt is SB as your potential Defence if the CCJ were to be set aside.

On the issue of SB the debt would have needed to have been SB and the DN served 6 years before the claim was issued. The complication may be which claim will be considered for that purpose since apparently there's still a stayed claim issued in 2015.

Di

**Littlepig** · 19th November 2016, 13:15:PM

Re: PRA Group has taken me to court

Hi DIana,
Forgive me if I keep saying thank you but I am so grateful for your help, stress yes, also mentally taxing and tiring.

The first date printed/wrote on the docs from MBNA after my SAR would be the CCA and that's the date of signing XX.XX.XX

Yes your right I forgot about the name Varde being involved in the collections process

Autoscore SM Card Applications Details
Date received XX.XX.XX

XX.X.XX
Sold to Experto Credite

**Diana M** · 19th November 2016, 13:23:PM

Re: PRA Group has taken me to court

Originally posted by Littlepig View Post

The first date printed/wrote on the docs from MBNA after my SAR would be the CCA and that's the date of signing XX.XX.XX

Yes your right I forgot about the name Varde being involved in the collections process

Autoscore SM Card Applications Details
Date received XX.XX.XX

XX.XX.XX
Sold to Experto Credite

I think you should quickly edit your post to remove/delete those dates which may not be known to PRA since you retrieved them from your SAR.

Di

**Littlepig** · 19th November 2016, 13:30:PM

Re: PRA Group has taken me to court

The signature is R and surname starts with an M Investigations and litigation Dept

PRA Group has taken me to court