* DISCONTINUED * PRA Group for Ex MBNA Debt - CCJ Claim Form

**QCKate** · 24th February 2017, 07:10:AM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hello...you've been through a torrid time. Its good that you've got all your facts and information together. You've come to the right place and someone will be along shortly to advice. Theres plenty of time to sort this out. Also I think the involvement of Experto Credite will be in your favour. Best wishes and keep strong.

QCK
x

**charitynjw** · 24th February 2017, 09:44:AM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hi PC Pilot & welcome to LB.

The first thing to do is acknowledge the court claim. You can do so online. (See court claim pack)
For the time being, tick to defend in full.
If you live in England/Wales, do not contest jurisdiction.
Don't put anything in the box provided for a defence statement.
This will buy you some time.....you will have 33 days from the claim issue date to respond in more detail.

Meanwhile, I'll give our [MENTION=87380]Diana M[/MENTION] a nudge for you.

**jack89** · 24th February 2017, 17:03:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hi I am in a very simular postion , I have been paying Experto for many years and then in December the Standing order was sent back, I had not cancelled this. I have then out of the blue had 3 letters from PRA , I have today sent them by Recorded letter a request for my CCA form and sent them a £1 Postal order . I find it shocking that they can do this. The debt which I am trying to repay is with MBNA and has fallen off my Credit File over two years ago. I am really worried as besides this I have many other debts but have arranged payment plans with them all and not had the disgusting threats these people are using. Can anyone adivce me what is going to happen next as i do not want to ring these people.

- - - Updated - - -

Can I ask why is the fact Exporto Credito so important, I have been worrying about this for two days. Any advice will be appreciated.

**PC Pilot** · 24th February 2017, 23:23:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hi Jack89,

How interesting to learn that the despicable tactics of these P aracite's R ecovery A gents imbeciles is being more widely applied......let's hope that the experts here can suggest a way forward for us both such that we cannnot only successfully defend our claims but also expose this "shameful' practice of 'creating' a technical default so as to pursue a County Court Claim in the first case.

I have reviewed my documents and can at no point find any replacement bank standing order mandate being offered to effect a change of payment account details, simply repeated requests to contact them to 'discuss' the debt. In simple terms a vehicle by which to attempt to extort (through threats/pressure) extra payment amounts off vulnerable individuals who can little afford the sums they would seek during that phone call.....why I was advised NEVER to engage with them by telephone in the first place!

As if basing an entire business model upon trading on the misery of those already in a vulnerable position were not enough, to then 'create' a default for them with the sole purpose of generating a CCJ under such a doubtful pretext must surely rank amongst the ultimate lows of all time. I can only hope a Judge would regard it as such?

Whilst I await detailed advice/instructions from those with greater intellect than mine I intend to acknowledge my court claim as kindly suggested by Charitynjw. Maybe like yourself I will be advised to seek the CCA and other documents off this bunch of goons.

Incidentally, I have also noticed that a PPI was collected as part of my MBNA Card when active not sure if this applies to you as well? .....or indeed makes any difference as my account is in default?

As others have said....stay strong! So long as these kind people offer their assistance and we share for the benefit of others hopefully justice WILL prevail.

PC Pilot

**jack89** · 24th February 2017, 23:42:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hi I wish I know where I was with this , my debt is over 9 years old , and I was paying it under an agreed process, I wish I knew why everyone is saying why experto are an important link as I was paying them for years and have some paperwork.

Good luck PC Pilot you are not alone.

**PC Pilot** · 24th February 2017, 23:42:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

......the more exposure the better....power to your elbow Jack!

**PC Pilot** · 24th February 2017, 23:59:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

I was pondering that one too......If it helps Experto Credite appear to have gone into liquidation late last year.......

PC Pilot

- - - Updated - - -

The plot thickens!!��

**charitynjw** · 25th February 2017, 10:03:AM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Morning [MENTION=98341]PC Pilot[/MENTION] & [MENTION=98399]jack89[/MENTION]

PC Pilot
Acknowledge the court claim.

Send a CCA request + fee to PRA.

Send a CPR request via PRA's legal rep.
Ask for the Notices of Assignment and the Deeds of Assignment relating to any parties involved in the assignment chain.

Link to templates - http://legalbeagles.info/forums/show...it-Court-Claim

jack89
Has a court claim been issued?
Have you had a letter before action/claim yet?

You both would be wise to SAR the original creditor.
http://www.legalbeagles.info/forums/...ur-information

**PC Pilot** · 26th February 2017, 15:17:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hi Charitynjw and Jack89

Many thanks for your continued support, it is very much appreciated.

Jack, same applies to me.....I must confess to being quite anxious as to what PRA can will do and just like you I have been paying back without a fuss over many years......except, now I have no advocate to help and my disability and present isolation is a real issue for me

On Monday morning, in accordance with the advice received I intend to acknowledge the claim online ticking that I intend to defend in full....though I must confess to being a little scared by this as I am very much a legal lightweight.

With some considerable difficulty...and just a little bargaining

, I have arranged for the loan of a printer for 4 days whilst some friends are away on business. They are to drop it off to me late on Monday evening and so I propose to print the documents out on Tuesday and, subject to being able to get out to a Post Office (unfortunately again very much friends' dependant

) I intend to Post all 3 (with enclosed postal orders were applicable) of them by Recorded Delivery shortly after.

The proposed letters.

NB. The first two are SAR request options composed from the reference documents referred in the links kindly provided yesterday by Charitynjw. The first is a more comprehensive version based upon one used by another forum member in respect of his data request. The second option is the simple framework letter adapted for my particulars.

Can anyone on the forum suggest whether I send the more comprehensive version or the simple one remembering that I only have access to a printer for a few days this week so sending further documents may prove more problematic for me

.

The third is the CCA Request to PRA and the 4th to the legal representative named on the Claim Form. Running the name through the Law Society indicates he/she is engaged as a locum to PRA Group at the same address hence why I have addressed it so. Would appreciate if someone will verify whether all this seems right? ...............Before I print and send.

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P.C.Pilot

27th February 2017

Private & Confidential
Compliance Department
MBNA Limited
PO Box 1004
Chester Business Park
Wrexham Road
CHESTER
Cheshire. CH4 9WW

Ref: XXXXXXXXXXXXXXXXXXXXX – Credit Card

Dear Sir/Madam

I formally request, in accordance with the Data Protection Act 1998 (Subject Access Request) that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists and agreements together with the information/data set out below.

This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

By way of clarification, I would be grateful therefor if you would provide the following: -

• Full copies of all contracts, which you believe exist between myself, and your organisation, including copies of any documents you hold in support of same.
• Details of the identity of any individuals or third party organisations who have provided you with my personal information together with copies of any letters of instruction provided by them.
• Copies of all documents, which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records, which pertain to this information.
• Full details and copies of any documents upon which you relied when you provided my personal or financial information to any individual or third party organisation.
• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
• Full copies of any correspondence in postal, email or any other format, which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.
• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time, it was held or provided to a third party.
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices/locations.
• Your registration number with the Information Commissioners Office.
• Your Consumer Credit License number.

Where reference to emails is given above, these emails should be taken from your email servers or backups/archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department/IT providers, who you should contact immediately for their provision.

Please confirm whether you hold a physical file with details of my personal and/or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation/communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file.

Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorized access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organization, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them.

If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

Under the Data Protection Act 1984/1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission/authority.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

Please note that the above address is the one registered with your organisation and, which you have previously found to be acceptable

Yours faithfully,

P.C. Pilot. Enc.
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P.C.Pilot

27th February 2017

Private & Confidential
Compliance Department
MBNA Limited
PO Box 1004
Chester Business Park
Wrexham Road
CHESTER
Cheshire. CH4 9WW

Ref: XXXXXXXXXXXXXXXXXXXXX – Credit Card

Dear Sir/Madam

1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for any, and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements

2. This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested, securely and in legible condition.

Please note that the above address is the one registered with your organisation and which, you have previously found to be acceptable.

Yours faithfully,

P.C. Pilot. Enc.
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P.C.Pilot

27th February 2017

Private & Confidential
PRA Group (UK) Limited
Wells House
15-17 Elmfield Road
BROMLEY
Kent. BR1 1LT

Dear Sir/Madam

Your Ref: XXXXXXXX

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement, as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

P.C. Pilot. Enc.
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P.C.Pilot

27th February 2017

Private & Confidential
FAO. S K Gida
PRA Group (UK) Limited
Wells House
15-17 Elmfield Road
BROMLEY
Kent. BR1 1LT

Dear Sirs,

Claim No: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 23rd February 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of the documents you mention in your statement of case ahead of filing my defence on 24th March 2017.

1. Agreement
2. Default Notice
3. Notice of Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request, you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 28th February 2017.

I look forward to hearing from you.

Yours faithfully,

P.C. Pilot. Enc.
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Would appreciate if forum members can check through these and make sure (especially the CPR to legal rep) satisfies the particulars of claim in my original post.

Thanks again to all for your guidance......don't know where I'd be without it?

Regards to all

PC Pilot

**PC Pilot** · 27th February 2017, 09:30:AM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

, I wonder if they ever paid any money to MBNA

Jack I may be wrong but as I understand it MBNA 'sold' i.e. WERE PAID an agreed sum to relieve themselves of our debt.......and any further interest in it. Most likely they received pennies on the pound for the privilege of divesting their interest....so they most likely got what they wanted.....

The question in my mind is what was the ever revolving interest of the remaining parasites who clearly played patter cake with our debt?........If anyone never got paid it would likely be one of these leeches.....they can look to each other.....and the nasty practices that they employ, maybe this time it backfired on them??

Keep strong......

PC Pilot

**charitynjw** · 27th February 2017, 12:21:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Either of the SARs is sufficient.
You might get some resistance (sometimes the Data Controller asks for proof of identification).
Be persistent.

As previously mentioned, I would also include a request for the Deeds of Assignment in the CPR request

**PC Pilot** · 27th February 2017, 12:41:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Hi Charitynjw,

Just a couple of questions if I may....

Deed of Assignment

My choice of terminology was informed solely as a result of having read through the following thread on these forums http://www.legalbeagles.info/forums/...gnment-of-debt having initially used "Deed" of Assignment in the request letter.

Can you advise whether I should ask for "Deed" or "Notice" or both in my case?

Should I add "I am advised that I do not have provide identification in order for compliance with this request" to the body of the CPR letter?

Do all of the other letters seem in order?

Thanks

PC Pilot

**charitynjw** · 27th February 2017, 12:55:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

If it were me I'd ask for both the Notices & the Deeds.
& a copy of the CCA request 'For information only' enclosed with the CPR (no fee needed with this one) is useful.

I wouldn't bother raising ID issues on the CPR.

**Diana M** · 27th February 2017, 13:05:PM

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Originally posted by PC Pilot View Post

Deed of Assignment

My choice of terminology was informed solely as a result of having read through the following thread on these forums http://www.legalbeagles.info/forums/...gnment-of-debt having initially used "Deed" of Assignment in the request letter.

Can you advise whether I should ask for "Deeds" or "Notice" or both in my case?

You need to ask for the Deed (as well as the Notice) of Assignment.

You've read an old LB thread (2011). The information contained in it is outdated.

Read this post instead because my firm ask for the Deeds and we get them albeit after applications to the court to force discloser >

Originally posted by Joanna C View Post

Nice try Lowells. For example PRA Group (UK) Limited used to try that one with me about the Deeds of Assignment . After several court hearings they had to provide the Deeds of Assignment. I see no reason why the Lowells assignments should not similarly be disclosed.

Di

* DISCONTINUED * PRA Group for Ex MBNA Debt - CCJ Claim Form