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

[Dh99may]

Re: County court letter - PRA/MBNA

Thank you Joanna
Forgive me for appearing so stupid, but how do I go about this? I appreciate its my responsibility, and I'm willing to do anything to sort this.
If you could point me in the right direction, I'd be really grateful. Should I ring the court, or write? I have legal cover with my home insurance, do you think it's worth me calling to check if they can help?
Thanks again

[Joanna C]

Re: County court letter - PRA/MBNA

Check your home insurance legal cover but it is unlikely that they will cover this type of legal matter.

You will need to file a N244 application form with a signed and dated witness statement and I would suggest a draft of your proposed defence, There is a 255 court fee to pay (though you may be entitled to fee remission it is always worth checking).

[Dh99may]

Re: County court letter - PRA/MBNA

Thank you Joanna
I will complete and send to the court tomorrow , I've just had a quick look on gov.uk and I think I can download it there. Ill look into preparing my defence using one of the templates on this site, and sending along with the fee.

[Amethyst]

Re: County court letter - PRA/MBNA

Your set aside application would seem to be on the basis that you failed to file your defence in time because you were awaiting documents from the claimant... when they wrote to you beginning of august with the agreement copy did they say anything about the case being on hold until they supplied the rest of the docs, or anything like that that you can use to say you believed things were on hold until the documents were sent ?

Link to help with set aside here - Set Aside

[Dh99may]

Re: County court letter - PRA/MBNA

Hello Amethyst
PRA sent nothing until the letter received on the 20th. ( see further up thread)
They say they are still unable to supply the original default notice from the original creditor, and will send when they have it.

[Dh99may]

Re: County court letter - PRA/MBNA

hello everyone.
I'm completing the N244,and in section 3, I have written ' An order that the default judgement in this case be set aside because I was unable to file my defence on time because I was awaiting documents from the claimant. These documents were requesed under CPR31.14 and were needed as they form part of my defence.' I hope that is ok ?
In section 10, I was going to put what I had done so far, sending copies of the correspondence I had so far , but I'm nore sure as to how to put my defence in legal sounding terms, I work for a mental health charity so this kind of thing isnt something I am used to doing im afraid. Once again, any steer is most gratefully received.

[Diana M]

Re: County court letter - PRA/MBNA

Here is all correspondence received in respect of my CPR request , as per the cover letter from PRA , the default letter from MBNA (original creditor) is still outstanding and PRA have advised they will send on. I will add the letter from PRA in additional post as I am not able to add on this .
[ATTACH=CONFIG]25316[/ATTACH][ATTACH=CONFIG]25317[/ATTACH][ATTACH=CONFIG]25318[/ATTACH][ATTACH=CONFIG]25319[/ATTACH]
[ATTACH=CONFIG]25321[/ATTACH]

The credit agreement is a bit fuzzy but it looks like you ticked the 'Yes' box for PPI which means they have to also send you the separate PPI documents (policy/Ts&Cs) in order to comply with your s.78 CCA request.

Did they?

Di

[Dh99may]

Re: County court letter - PRA/MBNA

No Di
I have nothing other than what I have uploaded onto here .

[R0b]

Re: County court letter - PRA/MBNA

An order that the default judgement dated XX XX XX be set aside pursuant to CPR 13.3 and the overriding objective. The Defendant has a real prospect of successfully defending the claim and there is some other good reason as to why the default judgment should be set aside and the defendant be allowed to defend the claim.

As for section 10, you need to provide a statement of evidence in support of your application, that can be done in the large box or on a separate witness statement. I would generally suggest you set it out in a witness statement on a separate sheet as it gives you more room to explain in a bit more detail of your evidence and allow the judge to fully understand your position without having to cram it into the box on the application form but it is up to you.

As already suggested, it would also be worthwhile submitting a draft defence along with your application. Although not necessary, it does provide the judge with an idea of whether or not your defence is capable of defending the claim.

To start your witness statement off just explain the chronology of events of what has happened leading up to the default judgment. Number each paragraph 1. 2. 3. etc. and then post it up and it can be reviewed.

[Dh99may]

Re: County court letter - PRA/MBNA

I sound like a parrot , but thanks for all your help!
I will download the relevant templates and use those, in addition, I think I will send hard copies of all the correspondence I have recieved to date. I will look on here to see if there's any completed statemnst that might be of a simialr nature, which will give me a framework to go on.

[Dh99may]

Re: County court letter - PRA/MBNA

Hello
Ive added my attempt at the witness statement, Ive added info in red to let you know which documents I intend to send. I will of course remove once its ok to send




IN THE NORTHAMPTON COUNTY COURT
Claim No. xxxxxxxx

BETWEEN:
PRA GROUP (UK) LTD
Claimant
- and –
Defendant
xxxxxxxxx

_________________________________

WITNESS STATEMENT OF xxxxxxxx



I xxxxxxxxxxxxxxxxxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case xxxxxxxxxxxx judgement dated 19 August 2016 be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the 25 July 2016 when I returned from holiday to a claim form from Northampton CCBC dated 14 July 2016. [EXHIBIT A] *claim form

4. I acknowledged this claim on line of the 26 July 2016 and opted to defend the claim in full

5. : On 28 July 2016 I made a written request to the Claimants legal representative requesting CCA along with £1 postal order. In addition, I sent a CPR31.13 request under separate cover. Both were sent 1st class recorded and both were received by PRA 29 July 2016 (EXHIBIT B) * copies of my cca & crp requests
6: On 4th August I received a 2 page MBNA application form and the postal order was returned (EXHIBIT C) *copy of correspondence and returned postal order from PRA No other requested documentation was received at this time

7. On the 20th August 2016, I received the following documents from PRA (EXHIBIT D) *copies of correspondence from PRA
• 2 page copy of credit card application form with MBNA
• Notice of assignment from Aktiv Kapital dated 29/12.1
• Notice of assignment from PRA dated 09/01/2015

8. As the application form states PPI was ticked, I should have received separate PPI records to comply with my request, I have not received them. In addition, I have not received the copies of any formal demands / default letter from the original creditor MBNA
9. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.


Statement of Truth

[R0b]

Re: County court letter - PRA/MBNA

I would suggest you remove the link and re-upload without all of your personal information on there. I'll take a look at the rest.

[Dh99may]

Re: County court letter - PRA/MBNA

Oh gosh!
Ok

[Amethyst]

Re: County court letter - PRA/MBNA

I've taken if off and just pasted the text for you xx

[Dh99may]

Re: County court letter - PRA/MBNA

Thank you ! I hadnt even found the thread