**DISMISSED** Pra group lifted the court stay i defended on money claim on line

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

yes own my own home Why you ask? The credit agreement is correct, as its the same one I had been sent when I the request the SAR From MBNA. It wasnt signed it was ticked in the box as i applied on-line.
I cannot really afford a solicitor and the court case has a slot for 90 minutes.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

The hearing is dated 2nd march 2018 at dudley. I have received the claimants bundle and documentation. I have almost completed mine and it will be sent out on the 2nd jan as i have till the 4th january to submit it. They have obtained the credit card details and agreement etc directly from mbna. Not sure if that is a breach of data protection as they never asked for my permission. THEY ARE USING THEIR OWN LITIGATION OFFICER. I GOT HIS HIS WITNESS STATEMENT, TOGETHER WITH THE BUNDLE OF DOCUMENTATION. LOADS OF ERRORS, MISTAKES AND MISSING DEED FROM VARDE TO AKTIV KAPITAL
OTHER TWO DEEDS, ONE UNDATED THE OTHER JUST HAS ONE SIGNATURE.

It seems PRA are running circles around you and taking advantage of your lack of legal knowledge.

If they've disclosed documents after you filed your original Defence in March 2016(?) then you may need to file an Amended Defence (that's what my firm would probably do in this situation). You cannot raise new legal arguments in a Witness Statement.

I assume you have Directions from the court which gives you a deadline for filing/serving your WS by 4th January so I strongly advise you to seek professional legal help asap.

PRA don't need your permission to ask MBNA for your credit agreement. There has been no breach of the Data Protection Act.

What matters is what documents they have produced purporting to be a compliant credit agreement. In my case both were "reconstituted" and both were declared "irredeemably unenforceable" by the Judge (Recorder) because the paperwork produced was not the documents which I had signed even though my signature was on both of them.

Have they produced an Application Form as the credit agreement? Have they said it's a reconstituted document or a is it a scanned copy of the original (front page only) with separate Ts & Cs?

If the assignment between MBNA and Varde is not proved then it doesn't matter about the assignment chain after that. If Varde did not 'own' the debt then they couldn't sell/assign it to Aktiv Kapital.

As I've said before my Trial lasted three days, how long is your Trial listed for on 2nd March? If it's too short then it may need to be adjourned either by consent with the other party or by making an Application to the court.

(Do you own your own home?)

Di

[warwick65]

Re: Pra group lifted the court stay i defended on money claim on line

That seems a very long lag time between serving docs and trial date

I doubt the data protection issue would have legs as assignment is very common and sharing data is usual - it certainly wasn't pick up in my case by my solicitor who is an expert in her field

The article below explains that sometimes you just need to bite the bullet and engage a lawyer


https://justbeagle.com/news/Do+you+r...call+a+lawyer+

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

The hearing is dated 2nd march 2018 at dudley. I have received the claimants bundle and documentation. I have almost completed mine and it will be sent out on the 2nd jan as i have till the 4th january to submit it. They have obtained the credit card details and agreement etc directly from mbna. Not sure if that is a breach of data protection as they never asked for my permission. THEY ARE USING THEIR OWN LITIGATION OFFICER. I GOT HIS HIS WITNESS STATEMENT, TOGETHER WITH THE BUNDLE OF DOCUMENTATION. LOADS OF ERRORS, MISTAKES AND MISSING DEED FROM VARDE TO AKTIV KAPITAL
OTHER TWO DEEDS, ONE UNDATED THE OTHER JUST HAS ONE SIGNATURE.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

In the meantime I have sent off the directions questionnaire regarding the case being heard for smalls claims track. I have ticked the mediation box.

What has happened with this claim since your last post on 6th October?

You've started a new thread which suggests the proceedings are ongoing and the Claimant has disclosed documentation which means you may need to file an Amended Defence (I can't be certain without knowing what's developed since October).

Has a Trial date been listed and have Witness Statements been filed?

Is PRA still managing the claim in-house or have they instructed solicitors to represent them such as Howell Jones or Judge & Priestley?

Your new thread > http://legalbeagles.info/forums/show...l=1#post769785

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Thank you Charitynjw

[charitynjw]

Re: Pra group lifted the court stay i defended on money claim on line

I thought they were supposed to have sent me the requested documents within the 7 days, should i tell the court that they have not sent them and not replied to my CPR Request or shall i just sit tight.

There is no defined sanction for non-compliance with a CPR 31 request (unlike, for instance, non-compliance with a CCA request).
However, they are under an obligation to disclose evidence.
You can point out their failure to the court.
The judge will decide how serious their failing is, & how it impacts on their claim & your defence.
In some cases, it could be fatal to the claim.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

can i have some comments on what you suggest i should do?.

My only comment in response to your question on what you should do next in these ongoing legal proceedings is consider whether you should now seek free legal advice from a qualified solicitor who specialises in consumer credit law.

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

I thought they were supposed to have sent me the requested documents within the 7 days, should i tell the court that they have not sent them and not replied to my CPR Request or shall i just sit tight.

[MIKE770]

Re: Pra group lifted the court stay i defended on money claim on line

well it is up to them now. meantime you will get communication from Mediation and ask you if you have all documents etc to proceed to mediation, if no documents requested you state NO they will then state not suitable for mediation and send back to the courts for the next stage

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Hi all, can i have some comments on what you suggest i should do? I have sent the CPR31.15 last week, it was signed for by Pra Group on Wednesday 27th September. It has now been 9 days (11 if include this weekend) and I have heard nothing. In the meantime I have sent off the directions questionnaire regarding the case being heard for smalls claims track. I have ticked the mediation box. Thank you.

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

hi all, can i have some comments on what you suggest i should do? I have sent the cpr31.15 last week, it was signed for on wednesday 27th september. It has now been 9 days (11 if include this weekend) and i have heard nothing. In the meantime i have sent off the directions questionnaire regarding the case being heard for smalls claims track. I have ticked the mediation box. Thank you.

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Thanks for that i will tick it

[charitynjw]

Re: Pra group lifted the court stay i defended on money claim on line

I sent off the CPR 31.14.last week and they received it Wednesday. I have also received there copy of the DQ. They have ticked the yes box for small claims mediation service. Should I do the same when i complete my DQ, even though i am defending the claim.

I would.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

They either forgot to mention or avoided it in the POC. The debt was originally sold to Experto Credite/Vardie and they went on to sell it eventually to Aktic Kapital. Aktiv Kapital went on to sell it to Pra Group.

If you say so.

I'm not going to concur.

Maybe because I possibly know more about the potential situation than you.

Di