**WON!!** County court letter - PRA/MBNA

[Dh99may]

Hello
I'm currently on holiday and I've been told u have a letter re a default on a credit card . I've paid all my cards off, but as I'm away , I've read I need to acknowledge this letter with the court and advise them if my intention to defend - the credit card was from 4/2/05 with MBNA ,and the default date is 31/10/12. On the 21/12/12 the debt was assigned to Aktiv Kapital, then PRA group 31/12/14.
I understand I have 14 days to respond , but apparently the letter came last Thursday and I don't return to the UK until Sunday . I can respond by email, and wondered which is the best template to use.
Any assistance would be greatly appreciated . Thanks in advance !

[Diana M]

Re: County court letter - PRA/MBNA

I'm currently on holiday and I've been told u have a letter re a default on a credit card . I've paid all my cards off, but as I'm away , I've read I need to acknowledge this letter with the court and advise them if my intention to defend - the credit card was from 4/2/05 with MBNA ,and the default date is 31/10/12. On the 21/12/12 the debt was assigned to Aktiv Kapital, then PRA group 31/12/14.
I understand I have 14 days to respond , but apparently the letter came last Thursday and I don't return to the UK until Sunday . I can respond by email, and wondered which is the best template to use.

That sounds like an official county court summons not just a letter.

It does require a response in 14 days from the date of issue but you can add 5 days because the court allows for postage/delivery. However it's always a good idea to do the Acknowledgement of Service sooner rather than later.

This can be done online from wherever you are on holiday if you have access to the internet. The Defence won't be due until you're back in the UK as long as you have filed your AOS to prevent a Default Judgment.

Can you ask whoever has seen the summons to scan and send you a copy. On the first page (N1) there will be the claim number and your password to login (assuming this summons was issued by MCOL not personal service).

Make sure you only acknowledge service and your intention to defend all of the claim but do not enter a Defence by mistake.

How much is the claim?

Read this forum link suggesting your next steps > http://legalbeagles.info/forums/show...6512#post96512

Di

[Dh99may]

Re: County court letter - PRA/MBNA

Thanks so much for your reply.
Yes I believe it's a summons, and as I'm unable to speak with my family to confirm the exact content, I believe the figure mentioned was around 4K plus interest and fees. I have legal cover on my home insurance, so I was wondering whether I should contact them for help too? As I'm really worried about all of this, I was going to acknowledge the summons by email, but I'm nervous about making a mistake in respect of the defence you referred to.
Thanks again .

[Diana M]

Re: County court letter - PRA/MBNA

At least get your family contact to confirm the date the summons was issued so you've got a timeline to work to.

A summons can't be acknowledge by a casual email but you may have time to do this when you're back in the UK from Sunday.

Do you know if PRA have instructed solicitors to deal with this?

Di

[Dh99may]

Re: County court letter - PRA/MBNA

There was some reference to a link on the front page of the correspondence, where you could acknowledge the letter, quoting the reference number, so perhaps this isn't a summons. I do apologise for being so vague, I will contact my family and get more information. Once again , thank you.

[Diana M]

Re: County court letter - PRA/MBNA

There was some reference to a link on the front page of the correspondence, where you could acknowledge the letter, quoting the reference number, so perhaps this isn't a summons.

Can your contact take a photo of the letter/summons with their phone and email it to you or send it as a MMS?

It's the date issued that's most important (if it is a summons which I suspect it is from the information you've given so far).

Di

[Dh99may]

Re: County court letter - PRA/MBNA

Thanks for your patience.
I'm back in th UK now so I can now confirm the document received is a court claim form.
Date of issue 14/07/2016.it
I do not have a credit agreement , so I was going to ask for one.
The claimant is PRA.

[Dh99may]

Re: County court letter - PRA/MBNA

Re above
Sorry everybody, it seems my update earlier only included part of my response . As per the option on this claim form , I am looking to acknowledge receipt by email, but looking to contest this claim and request a copy of the CCA agreement . I have read there is a template and help on sending a postal order etc, so any assistance in using the correct one in this situation would be very much appreciated.
Am I right to be concerned about using my signature on any correspondence? I'm worried they may copy it . Hope I'm not coming across as neurotic, I'm just worried .
Thanks again.

[charitynjw]

Re: County court letter - PRA/MBNA

You've still got a few days to acknowledge service, but best do it asap....there's no advantage in leaving it to the last minute.

A CCA request template can be found HERE* , also a CPR 31.14 request.
(* Edit...Ooops......I should have provided a link.....see [MENTION=6]Amethyst[/MENTION] 's post below).

CCA +£1 to Claimant, CPR to solicitor.
Proof of posting for both; file copies for your own records.

An anti-tamper signature strip for you (just copy/paste onto letters)

[Amethyst]

Re: County court letter - PRA/MBNA

http://legalbeagles.info/forums/foru...-a-Court-Claim The templates are in the green box at the top of that forum. I will move your post there in the morning just shout if you have any problems

[Dh99may]

Re: County court letter - PRA/MBNA

THANKS im completing the acknowledgement onlone, and I wondered if you can confirm I am completing correctly. I have opted to defend all the claim, but do Im not sure as to whether I 'contest jurisdiction'?
Thanks in advance

[Dh99may]

Re: County court letter - PRA/MBNA

THANKS im completing the acknowledgement onlone, and I wondered if you can confirm I am completing correctly. I have opted to defend all the claim, but do Im not sure as to whether I 'contest jurisdiction'?
Thanks in advance

[charitynjw]

Re: County court letter - PRA/MBNA

THANKS im completing the acknowledgement onlone, and I wondered if you can confirm I am completing correctly. I have opted to defend all the claim, but do Im not sure as to whether I 'contest jurisdiction'?
Thanks in advance

If you live in England or Wales, no.

[Dh99may]

Re: County court letter - PRA/MBNA

Hello everyone
I have today sent a1st class recorded letter request (inc £1 postal order) for CCA from PRA.
However, as per the 'first steps' guide I found on here, it advises me to send a CPR 31 request to their solicitor. As there is no solicitor mentioned on the claim form, should I send this request direct to PRA in addition to the CCA request ?

In anticipation, Thanks again

[nemesis45]

Re: County court letter - PRA/MBNA

Hello everyone
I have today sent a1st class recorded letter request (inc £1 postal order) for CCA from PRA.
However, as per the 'first steps' guide I found on here, it advises me to send a CPR 31 request to their solicitor. As there is no solicitor mentioned on the claim form, should I send this request direct to PRA in addition to the CCA request ?

In anticipation, Thanks again

Hi ,
There are problems with PRA and their lacky Robinson Way which may well return your CCA request and /or the £1 fee, should this happen return the request to RW and insist that it is complied with.

The " legal " representative will be an in house " legal assistant" you could address the CPR request to The Legal Representative PRA Group at the address on the claim form.

All of this nonsense appears to be an attempt to avoid sanction for non compliance.

nem

- - - Updated - - -

Hello everyone
I have today sent a1st class recorded letter request (inc £1 postal order) for CCA from PRA.
However, as per the 'first steps' guide I found on here, it advises me to send a CPR 31 request to their solicitor. As there is no solicitor mentioned on the claim form, should I send this request direct to PRA in addition to the CCA request ?

In anticipation, Thanks again

Hi ,
There are problems with PRA and their lacky Robinson Way which may well return your CCA request and /or the £1 fee, should this happen return the request to RW and insist that it is complied with.

The " legal " representative will be an in house " legal assistant" you could address the CPR request to The Legal Representative PRA Group at the address on the claim form.

All of this nonsense appears to be an attempt to avoid sanction for non compliance.

nem