Court Claim PRA Group VS Daley

[Diana M]

Re: Court Claim PRA Group VS Daley

I didn't ask for the Default Notice as it was not mentioned particularly in the claim, it just said "On 29/12/12 the defendant defaulted on the agreement".

I have been reading a couple of other PRA threads and it seems that although their wording is similar int he particulars of the claim they have still requested the default notice in their CPR letter, so I am just wondering if I should have done the same and should I perhaps send another letter also requesting the default.?

Personally I would make a Part 18 Request under those circumstances since the DN is not specifically mentioned in the POC.

Di

[Diana M]

Re: Court Claim PRA Group VS Daley

Have you been advised to send a Subject Access Request to MBNA yet? If not do that asap.

The response should include the Transaction Log where you will be able to see if a DN was issued and on what date.

That way you'll know if (a) the POC are accurate about the "defaulted" date which needs to be after the remedy date on the DN, and (b) whether any recon DN produced by PRA is honest and accurate.

It will also give you the lowdown on the date the account was terminated and where it went after that. All really useful information which will assist your case.

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

No we have never had any dealings with Experto Credite .

Do you recall whether you had any dealings with a business called Experto Credite (Varde) at any time over the years?

MBNA assigned loads of accounts to them who subsequently assigned them to Aktiv Kapital which was taken over by PRA.

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

I sent a SAR to MBNA back in about 2011/12 . I still have all information they sent me somewhere, I will dig it all out.
Thankyou.

What does the Remedy date mean please ?

Have you been advised to send a Subject Access Request to MBNA yet? If not do that asap.

The response should include the Transaction Log where you will be able to see if a DN was issued and on what date.

That way you'll know if (a) the POC are accurate about the "defaulted" date which needs to be after the remedy date on the DN, and (b) whether any recon DN produced by PRA is honest and accurate.

It will also give you the lowdown on the date the account was terminated and where it went after that. All really useful information which will assist your case.

Di

[Diana M]

Re: Court Claim PRA Group VS Daley

I sent a SAR to MBNA back in about 2011/12 . I still have all information they sent me somewhere

Was that SAR Request done before or after the debt was assigned to Aktiv Kapital in April 2012 (according to the POC)?

You need to know exactly what took place and when, up to and during that crossover period.

Disclosure in the Fast Track compels the Claimant (and you) to disclose all documents in their possession but that won't include all the MBNA historical paperwork in their (MBNA) files.

I would also send a SAR to PRA pronto.

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

I have found a response to my SAR request which was dated December 2011 and it was sent to MBNA before it appears to have been assigned to AK.

Do you still suggest sending an SAR to PRA also ?

[Daley0]

Re: Court Claim PRA Group VS Daley

Just getting my thoughts together as I need to write my defence by the 20th Jan.

PRAs solicitors have neither acknowledged nor replied to my CPR request as yet.

I'm wondering what your thoughts are re this. They haven't asked for a 28 day extension either, so do I chase them up for a response, write a Defence based on the fact they have not responded to the request, or do I apply for the Claim to be Struck Out ?

I have been reading various threads and it seems advice differs.

Any thoughts greatly appreciated. Thankyou.

[Diana M]

Re: Court Claim PRA Group VS Daley

I have been reading various threads and it seems advice differs.

Advice differs because no two claims are the same.

If legal advice was general not bespoke then software could be designed to give it

Due to the amount of your claim this is likely to be allocated to the Fast Track where cases are managed on a different 'route' to the Small Claims Court. The timescale is predicted to be thirty weeks to Trial from allocation of the claim because the process is more thorough.

But the big difference is that both parties are vulnerable to payment of the other sides legal costs if they lose.

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

Thanks Di,

Yes I understand that, I just wondered if it was worth chasing them up for a response, or just filing a defence based on the fact they haven't responded to the request at all.

I will sit tight for another few days and see if anything turns up.

[pt2537]

Re: Court Claim PRA Group VS Daley

I wonder if the "Surjit Gida" is the same Surjit Kaur Gida who used to work at MKDP and who regularly had their bottoms handed to them for pursuing claims with no hope of success lol

[nemesis45]

Re: Court Claim PRA Group VS Daley

I believe it is PT.

nem

[Joanna C]

Re: Court Claim PRA Group VS Daley

I wonder if the "Surjit Gida" is the same Surjit Kaur Gida who used to work at MKDP and who regularly had their bottoms handed to them for pursuing claims with no hope of success lol

Sure is PT as I told you the other week he is indeed the new interim head of Litigation at PRA

[pt2537]

Re: Court Claim PRA Group VS Daley

Sure is PT as I told you the other week he is indeed the new interim head of Litigation at PRA

oh good grief. thats just made my day, i know you said there had been changes, but didint realise it was "those" changes

[Diana M]

Re: Court Claim PRA Group VS Daley

Thanks Di,

Yes I understand that, I just wondered if it was worth chasing them up for a response

I will sit tight for another few days and see if anything turns up.

If your Defence deadline is 20th January then why not wait until nearer the date to make your decision on where you should go from here.

I see no reason to chase them for documents you've already requested at this stage.

It's no bad thing if they can't produce the paperwork which they ought to have had in their possession before they issued legal proceedings.

Di

[Daley0]

Re: Court Claim PRA Group VS Daley

Hi Di,

Thankyou for that. I wasnt planning on issuing the defence until the latest time possible, but I was just trying to plan ahead a little.

They have sent some additional information via my latest CCA request and I have also sent an SAR as discussed last week, but they have made no response to the CPR.

I still don't believe that the information they have sent via the CCA request is sufficient.

I will sit tight and see what the rest of the week brings.