PRA group - Virgin

[ceeferace]

Hi,

I received a claim form over Christmas and assumed that it was a misunderstanding and could be cleared up easily, it seems that this isn't the case. I have left things late but have just discovered these forums.

Received a claim? yes
Issue Date: 19th dec
Amount approx: £2560
Claimant: PRA group
Solicitor: Surjit Gida (legal representative)
Original Creditor: MBNA (Virgin)
Particulars of Claim: Please type out in full excluding names/account numbers
1.The claimant claims the sum of £2560 for debt and interest.
2.on 9/3/05 the defendant entered into an agreement with MBNAicon for a credit card under reference xxxxxxx.
3.On 31/8/09 the defendant defaulted on the agreement with an outstanding balance of £2855.
4.On 29/2/12 the debt of £2855 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA group on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.
Payments of £405 received up to 26/5/16
and the claimant claims
1. the sum of £2450
2. statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of *% per annum from 26/5/16 daily to 14/12/16 108.42 and thereafter at a daily rate of 0.54 until judgement or sooner payment.

Is the debt Statute Barred? no, the original default was in 2009 but I had a payment plan. last payment received May 2016.

List any letters you have sent: I sent an email asking for a record of correspondence, PRA have not responded.

Any Other Info: I have been paying Experto Credit £5 a month for a number of years, I did not cancel my payment. When I called PRA to query why this had defaulted they said that Experto passed on the debt in May/June. However the document states that they have had it since Dec 2014

I have just acknowledged this and asked for more time, I will do the CCA and CPR documents tomorrow morning. Is there anything else that I need to do for now?

Thanks in advance for any help

[ceeferace]

Re: PRA group - Virgin

I have sent the CCA and CPR requests today and sent a SAR to MBNA, is there anything I can do in the meantime? The date of the claim is 19th Dec so I think I have to send a defence by 21st Jan.

[Diana M]

Re: PRA group - Virgin

I have been paying Experto Credit £5 a month for a number of years, I did not cancel my payment. When I called PRA to query why this had defaulted they said that Experto passed on the debt in May/June. However the document states that they have had it since Dec 2014

I'm glad you raised this point

From what you say the debt was assigned to Experto Credite (Varde) by MBNA before it was assigned to Aktiv Kapital.

I note PRA conveniently left this fact out of the POC (more on that later).

Di

[Diana M]

Re: PRA group - Virgin

I have sent the CCA and CPR requests today and sent a SAR to MBNA, is there anything I can do in the meantime?

Nope, there's nothing you need to do in the meantime.

Was this Virgin credit card applied for online?

Did you have PPI?

Di

[ceeferace]

Re: PRA group - Virgin

Hi

It probably was online and am assuming there was no PPI.

I have received a response to my email to PRA sent on 28th December (where I requested copies of all correspondence). They have asked me to confirm personal details and they will send the paperwork. Should I send them the details or respond saying that I have now requested the CCA and CPR?

Thanks

[Diana M]

Re: PRA group - Virgin

I have received a response to my email to PRA sent on 28th December (where I requested copies of all correspondence). They have asked me to confirm personal details and they will send the paperwork. Should I send them the details or respond saying that I have now requested the CCA and CPR?

You've sent a CCA Request and a CPR 31.14 Request.

What was your 28th December email requesting because they may have believed it to have been a SAR? What personal details do they want from you? They've issued a claim so they know your name and address. Be careful of a fishing trip for extra information such as DOB or previous address. These are the sort of facts that can help to reconstitute documents which a debt purchaser doesn't have access to.

You do need to send a SAR to MBNA to get the history of this account. This will enable you to cross check any documents PRA send you purporting to be copies of originals or reconstituted paperwork. You will need to run forensics over all their paperwork for honesty and accuracy.

Di

[ceeferace]

Re: PRA group - Virgin

Hi

Before I found the forums I sent an email to PRA;

"Regarding the above account and my phone call today could you please provide me with details and copies of all correspondence that you have sent to me with regard to this account."

They have asked;

"To allow us to provide further information and ensure we comply with the Data Protection Act 1998 before responding to your query via email we require that you confirm the following

•Full Name
•Date of Birth
·Your current address

Please also confirm that you are happy for us to send account related information to the email address supplied.
Once we have received this information we will then be able to advise on any information required."

I sent the CCA and CPR requests since sending the email. I did send a SAR to MBNA. All have been received (via recorded delivery) but so far I haven't heard from them.

Thanks

[MIKE770]

Re: PRA group - Virgin

keep everything in writing and filled not e-mails

[Diana M]

Re: PRA group - Virgin

From what you say the debt was assigned to Experto Credite (Varde) by MBNA before it was assigned to Aktiv Kapital.

I note PRA conveniently left this fact out of the POC

My response to your last question relates to my previous post (above).

You need to send PRA a formal written (not email) SAR with the £10 fee. That way you will be able to see the history of the account hopefully including the 'circumstances' surrounding the assignment to AK from Experto Credite (Varde).

The SAR to MBNA is for similar reasons.

You need both and it'll be £20 well invested.

Di

[ceeferace]

Re: PRA group - Virgin

Ok, will do

[ceeferace]

Re: PRA group - Virgin

I've received an acknowledgement from MBNA regarding the SAR but nothing yet from PRA regarding the CCA or CPR request. I have until Friday to send my defense to the court. How should I proceed?

[Amethyst]

Re: PRA group - Virgin

Have a read of the example defence http://legalbeagles.info/forums/show...t-Court-Claims and amend it to suit - feel free to post a draft on here (leave off identitying details) and ask ANY questions you might have xx

[ceeferace]

Re: PRA group - Virgin

Thanks. How does this look?

Particulars of Claim

I received the claim number xxxxxxx from Northampton County Court Business Centre on 22^nd December 2016.

1. The claimant claims the sum of £2559.35 for debt and interest.

2. On 09/03/2005 the defendant entered into an agreement with MBNA for a Credit Card under the reference ****************

3. On 31/08/2009 the defendant defaulted on the agreement with an outstanding balance of £2855.93

4. On 29/02/2012 the debt of £2855.93 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of £405.00 received up to 26/05/2016

AND THE CLAIMANT CLAIMS
1. The sum of £2450.93
2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 26/05/2016 to 14/12/2016 - £108.42 and thereafter at a daily rate of 1.67 until judgment or sooner payment.

Defence Statement

1. This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.


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


3. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.


4. The Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

5. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital Portfolio AS on 29/2/12 and then assigned to PRA Group on 31/12/14. The Defendant does not recall receiving notice of these assignments.


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.

It is my understanding and pursuant to the CCA 2006 amendments that the Claimant is prevented from any enforcement during this lack of service.

7: On receipt of the claim I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA Groups legal representative. This was received by the claimant on 9^th January 2017. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. PRA Groups legal representative has yet acknowledged this request and has not sent any of these documents to me.

9. On the receipt of this claim I sent a formal request for a copy of the original agreement to PRA Group pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. This was received by the claimant on 9^th January 2017.

10. The Claimant has not yet acknowledged this request and has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (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. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.


13. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) Show how the Defendant has entered into an agreement; and

b) Show how the Defendant’s alleged debt has reached the amount claimed for; and

c) Show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.


14. 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.

15. 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.

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

[ceeferace]

Re: PRA group - Virgin

My response to your last question relates to my previous post (above).

You need to send PRA a formal written (not email) SAR with the £10 fee. That way you will be able to see the history of the account hopefully including the 'circumstances' surrounding the assignment to AK from Experto Credite (Varde).

The SAR to MBNA is for similar reasons.

You need both and it'll be £20 well invested.

Di

If I send the SAR to PRA Group would I still provide all previous addresses? This might help them with the other requests if so??

[Diana M]

Re: PRA group - Virgin

If I send the SAR to PRA Group would I still provide all previous addresses? This might help them with the other requests if so??

Exactly

PRA would look bit silly asking you to provide further proof of who you are since they've issued a county court summons against you.

So as you wisely say don't give them your previous address, previous name (if marriage/divorce is involved) or Date of Birth etc which could help them to reconstitute a document.

Don't be surprised if the SAR response comes back heavily redacted (I call it 'sanitised'). It's what is under those black blobs that may prove to be interesting.

Di