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Re: County court letter - PRA/MBNA
Just in case it's lost in the muddle it's here
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
Just in case it's lost in the muddle it's here
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
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