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

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  • #61
    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
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #62
      Re: County court letter - PRA/MBNA

      Hello everyone
      I was wondering if the about statement needs any more work ?
      Thanks

      Comment


      • #63
        Re: County court letter - PRA/MBNA

        Para 5.......should it read '....CPR 31.14...'?

        Also, if it were me I'd change
        requesting CCA
        to 'requesting documentation via CCA 1974 s78' (or words to that effect).
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #64
          Re: County court letter - PRA/MBNA

          It should ! Thanks

          Comment


          • #65
            Re: County court letter - PRA/MBNA

            Originally posted by Dh99may View Post
            It should ! Thanks
            I've added a bit more!
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #66
              Re: County court letter - PRA/MBNA

              Thanks!!!
              I have really only added bits to the template so any additions are most welcome

              Comment


              • #67
                Re: County court letter - PRA/MBNA

                Very late news, but in December I learned PRA had discontinued with their claim!!!!
                What a traumatic 5 months, and without the help and assistance from DianaM and Joanna Connolly, I'd have not have been strong enough to challenge PRA's claim . I can't thank them enough and thoroughly recommend !!
                If someone knows how to make my post more visible to others in a similar position, please feel free to move !!

                Comment


                • #68
                  Re: County court letter - PRA/MBNA

                  Well done.

                  I'll give @Kati a nudge to amend the title.
                  (If that's ok with Kati, of course)
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #69
                    Re: County court letter - PRA/MBNA

                    Thanks!
                    Id really appreciate if you could highlight Jo & Di's name too.
                    Apologies for being useless ��

                    Comment


                    • #70
                      Re: County court letter - PRA/MBNA

                      Originally posted by Dh99may View Post
                      in December I learned PRA had discontinued with their claim!!!!
                      What a traumatic 5 months, and without the help and assistance from DianaM and Joanna Connolly, I'd have not have been strong enough to challenge PRA's claim . I can't thank them enough and thoroughly recommend
                      You were hit with this claim last July when you were on holiday which ruined your fun.

                      Five months later you were able to turn the tables and you won enabling you to enjoy the family Christmas you deserved.

                      It seems Jo's prediction last August was right:

                      Originally posted by Joanna C View Post
                      You would appear from the documentation on the thread I would say that you seem to have had a real prospect of successfully defending the claim.

                      You may wish to consider making an application to set aside Default Judgment under CPR 13.3. If you decide to make the application the sooner it is made the better - certainly within 14 days in these circumstances.
                      We're almost as happy as you to know that you can put this nightmare behind you and move on with your life.

                      Well Done You

                      Di

                      Comment

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