PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Thanks for your response I have tried to put as much up as I can in the hope that someone will say your not crazy you have something here there is a way forward and this will end.

[charitynjw]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

.......for anything that happened while he worked with them.

That is the point......it would appear that he wasn't working for them by Jan 2013.

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

OK I will try and find some way of making contact with him to see if he is willing to offer advise on the matter thank you.

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

No one has any ideas on this mater for a defence or points of interest I have to say I'm quite disappointed.

[warwick65]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Hi
I see Di said someone from her firm would contact you within a day OR So. You could always give them a call I guess.

From my perspective you have done a lot of research so maybe outstrip my knowledge.

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

well thanks I had no luck contacting the ex MBNA guy but thanks.

[Joanna C]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Hello CCtrouble unfortunately my firm is not authorized to practice law in Northern Ireland so we are unable to help you.

If you contact the Northern Ireland Law Society website at : https://www.lawsoc-ni.org/ and search for a solicitor selecting the category of consumer law you should be able to find someone who can help.

[Amethyst]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

What's the current position with this [MENTION=104075]CCtrouble[/MENTION]? Do you have a hearing date? ( I'm having a read back through the thread now )

[Amethyst]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

I used it to claim PPI back I received £3710 against the same outstanding balance of £2668.54

Did you receive that £3710 by cheque/transfer etc or was it used against the balance ?

did you return your notice of dispute ( the form 126A) within 21 days ? what did you put on it?


This form ( presumably the official one sent by the court is prettier )

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

The date is the 17th Oct and I did receive the £3710 but I am now of the opinion looking at it now with what they are passing off as the credit agreement (the application form) that this was not a straight forward PPI claim back for a policy I took out I never asked for PPI in the first place the box was ticked on the application form "NO PPI" it took from 2000 to 2008 as there was a high balance on the card an they maintained that I had asked for the PPI in the first place and if they terminated the account I would not have the money to clear the balance there and then. I feel I should be compensated for the clear abuse MBNA put on me and I feel that the PPI payments I would only get back 8% when they charged 16.9% - 34% interest on a monthly bases and rolled the PPI into the dept.
My points of defence need to be:
1. The agreement is not enforceable it's an application form.
2. PPI was stolen from me from the start ( they broke the agreement from the start if it is enforceable).
3. After 6 Default notices in a row one each month that they explained as procedure I have there system internal printouts ( From SAR request after) that correspond to each default notice being printed the last successful default notice was dated 7 days before it was printed ( dated the 1/1/13 and the system says 8/1/13) and with the documented complaints of late post each letter taking 2 weeks to reach me and had not reached me by the 25/1/13 I had left the country early hours of that morning for a week when it executed 21/1/13. The letter I received from the Belfast court regards date took a week and was posted 40miles from me in Belfast.
4. On compiling all the statements the abuse of payment date which averaged 29 days (2000 - 2006) from statement date to payment date changed 2006 and varied down to as low as 16 - 20 days and increased the amount of late payment fees they collected as statements still took 2 weeks to arrive with me to know what to pay. Also the application form said 16.9% no mention of variable or how high they increased the credit limit without myself asking and interest rates without informing my why or when.

Mentally I feel myself coming apart over this the lack of direction, understanding procedures and the process finding suitable help with what to do and how to do it time is running out I don't want to pay someone to stand there and not able to fight my side and add to the problem. What info to request and to whom the solicitors or the PRA group

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

I lodged a defence online it was limited for space and honestly I don't know how good it was:
"Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim Credit Card agreement regulated under the Consumer Credit Act 1974.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position regards the claim.
The particulars of the claim state an agreement account number which I do not recognize.
The Claimants state that the account was assigned from Aktiv Kapital Prortfolio AS Zug Branch to PRA Group (UK) Limited on 31.12.2014. The Defendant does not recall receiving notice of this assignment or that Aktiv Kapital had assignment directly prior to PRA Group.
It is denied that MBNA served any valid 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 28/2/13.
I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. I expect to send these documents in good time prior to any proceedings to allow detailed examination and conformity to the legal requirements and procedures.
I will send a formal request for a copy of the original agreement to Shoosmiths pursuant to section 77 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
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.
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.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim Credit Card agreement regulated under the Consumer Credit Act 1974.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position regards the claim.
The particulars of the claim state an agreement account number which I do not recognize.
The Claimants state that the account was assigned from Aktiv Kapital Prortfolio AS Zug Branch to PRA Group (UK) Limited on 31.12.2014. The Defendant does not recall receiving notice of this assignment or that Aktiv Kapital had assignment directly prior to PRA Group.
It is denied that MBNA served any valid 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 28/2/13.
I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. I expect to send these documents in good time prior to any proceedings to allow detailed examination and conformity to the legal requirements and procedures.
I will send a formal request for a copy of the original agreement to Shoosmiths pursuant to section 77 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
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.
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.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence."

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Thanks for the PM I will use that information and again thanks for approaching me outside the court your information is priceless and your future support will be devastating to PRA/ Shoosmith in March I am not afraid now to bring up those items and I guess you heard everything outside in the public area I have given them fair warning and a chance to accept an offer.

[Diana M]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Thanks for the PM I will use that information and again thanks for approaching me outside the court

What PM?

And who approached you outside the court?

Di

[CCtrouble]

Re: PRA Group UK Small Claims Court MBNA credit Card Dept N. Ireland

Oh I forgot that others can see this I thought I was sending back a PM. I was in court yesterday by myself against a barrister we were encouraged to speak first by the Judge so we went to the public area to talk.

An old family friend who I thought was practicing in England and popped over from the Crown Court to meet someone and saw me talking they kept back.

The Barrister wanted to delay so the FCA can investigate all my claims which include passing off an application form as a credit agreement along with a date signature stamp 30 days after the card is issued and used/ no credit limit stated it had been set 30 days before / not all the terms and conditions on it. Also a default notice which was printed 6 days after the date that was put on it and reproduced on request my me with altered dates, different signature, referring to different terms still showing the same pre printed date I asked for proof of service but no evidence was produced I asked for 5 items from shoosmiths and adjourned the case to yesterday for a chance to receive and examine only the deeds of assignment were sent the other 3 were not produced.

I was in dispute the MBNA when the default was done with relation to the outstanding balance after PPI (larger than the balance) was repaid and the balanced was still the same SAR access request never showed how the calculations were done and that letters were taking 2 weeks to come to me, After totalling up all the statements for some reason my account number changed 3 times once for only 1 year and an unfair trend that from statement date to pay date was steady 28 or so days for the first 2 years started to change until after 2008 headed downwards to as low as about 18 days with a 14 day post service and not knowing when payment was due because it kept changing and 3 days bank payment and due on a Saturday or Sunday increased the amount of late payments with charges I also have credit reports and everything in 2008 was good 2004, 2005, 2006, 2007, 2008 but the interest rates went up from 15% to 18, 22, 24, 30%

I'm thinking very unfair relationship as there was a balance that I could not instantly pay off therefore trapped into taking it.