PRA Group and CCJ's

[shabisheek]

Can someone help me? I have a debt with MBNA which originated from a Virgin credit card I took out back in 2006. I made regular payments up until the recession in 2009 when I was put on a payment plan to repay the debt. This debt has since been passed onto several creditors and the last payments were made to a creditor called BCW. I was then advised last year that the debt has been assigned to the PRA Group and to enable me to continue with the regular payments I was asked to provide a review of my monthly expenditure to review the payments. Upon the advice I was given I cancelled the standing order with BCW and received no further correspondence from PRA Group. I have now received a claim in the post from the County Court asking for the full amount plus court fees. I now have to respond to the claim but I want to know how to go about this and get the correct advice before I do something that could leave me vulnerable. I have worked so hard to build back up my credit rating since the recession and I now have a near perfect credit score. If I get a CCJ I understand that this will be visible on my credit file for the next 6 years. This seems so unfair as I was making regular payments until The PRA Group took on the debt. Do I contact PRA Group and discuss this with them over the phone and make an offer of regular payments. Would they then retract the claim with the County Court? Any help would be appreciated.

[charitynjw]

Re: PRA Group and CCJ's

Hi shabisheek & welcome to LB.

Have you acknowledged the court claim yet?
When was the claim issue date? (Front of the N1 claim form)

[shabisheek]

Re: PRA Group and CCJ's

Hi. Thanks for your response. I've started to acknowledge the form on moneyclaim online but have not yet filled in anything on the defence section. That's when I stopped and decided to seek advice before I submit anything. The date on the claim is the 21st Feb.

[Diana M]

Re: PRA Group and CCJ's

I've started to acknowledge the form on moneyclaim online but have not yet filled in anything on the defence section. That's when I stopped and decided to seek advice before I submit anything.

When you go online you tick the box which says you intend to "defend all of the claim". Do not put anything in the Defence box (it's a common mistake people make because the form is not clear). You should get a "successful" notification so screenshot the page.

If the claim Issue Date is 21st February you have 19 days from that date to file your AOS and 33 days from that date (claim Issue Date) to file your Defence.

You need to do three things next:

I. send a s.77-79 CCA Request to PRA at the address on the claim form.

2. send a CPR 31.14 Request to PRA's solicitors if they have instructed any or to PRA direct addressing it to the Legal Representative named on the claim form (at the bottom on the left).

3. send a Subject Access Request to MBNA to get the full history of the account which will prove useful further down the line (all will be revealed).

This forum has template letters for all three tasks if you need them and you'll also get help on how to complete them.

You can never ask too many questions

Di

[shabisheek]

Re: PRA Group and CCJ's

Thanks so much for your valuable advice. It's reassuring to receive from someone in the know. Very much appreciated thank you.

[shabisheek]

Re: PRA Group and CCJ's

Hi Di.
When I went back into Money Claim Web site to continue my defence, it wont let me continue until I write something in the defence box. Should briefly write why I am defending the claim? Not sure what to do next?

[shabisheek]

Re: PRA Group and CCJ's

Hi Di,,
Also, could you provide me with a link to the templates? I'm finding it a bit difficult to navigate.
Many Thanks
Shabisheek

[MIKE770]

Re: PRA Group and CCJ's

CCA Request || CPR 31.14 Request

[shabisheek]

Re: PRA Group and CCJ's

Great thanks Mike770.

[Diana M]

Re: PRA Group and CCJ's

Hi Di.
When I went back into Money Claim Web site to continue my defence, it wont let me continue until I write something in the defence box. Should briefly write why I am defending the claim? Not sure what to do next?

Don't put anything whatsoever in the Defence box right now.

The MCOL website can be tricky at times so you may need to file your AOS by email if it won't let you do that online.

Your claim Issue Date is 21st February so you have 19 days from that date to get this sorted.

In the meantime can you post up (type out) the Particulars of Claim which say what the Claimant is claiming and why they think they have the right to claim it. You need to remove any details which could identify you first.

How much is PRA claiming?

Di

[Diana M]

Re: PRA Group and CCJ's

This debt has since been passed onto several creditors

Does the name Varde or Experto Credite feature on the list of creditors who've been chasing you?

Di

[shabisheek]

Re: PRA Group and CCJ's

Di,
To be honest, Experto Credite definitely rings a bell over the years but I'm not sure if it relates to this or another debt I may have had? Other than checking over my bank statements is there any other way I can find out? What is the significance of this?

[shabisheek]

Re: PRA Group and CCJ's

They are claiming £4533.06. So in the defence box, should I just write in there the particulars of the claim as shown on the front of the claim form? There are no details on that could identify me it just states dates and the amount of debt over the years and what has been paid etc.

[charitynjw]

Re: PRA Group and CCJ's

[MENTION=87380]Diana M[/MENTION]

(Good evening, Di )

[Diana M]

Re: PRA Group and CCJ's

So in the defence box, should I just write in there the particulars of the claim as shown on the front of the claim form? There are no details on that could identify me it just states dates and the amount of debt over the years and what has been paid etc.

Don't put anything in the Defence box.

Step away from the keyboard.

Wait for further instructions.

Di