**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

so who do i send the SAR to,.... Is it MBNA,, Experto Varde,, Pra Group,, or Aktiv Kapital and when ?

[Diana M]

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

I have only just been notified this week, as well of being send the DQ. Should i complete this DQ and return it back to court. The court say i have to do this by 6th October.

Okay, you've only just heard what you see as 'bad news'.

You thought this claim claim was dead and buried and now it's raised its ugly head (to quote you).

You have until 6th October to file your DQ presumably at NCCBC or has it been transferred to your local county court? Possibly not from the way you describe things.

I get the impression from what you've now told me that the Claimant asked the court to deal with their Application to lift the stay without a hearing. The court appears to have granted their wish. So it's not an Application for a Summary Judgment.

I don't know the full facts but my firm may (may not) have objected on the basis that "oops we didn't do what we had to do in accordance with legal procedure because someone left the business" is not necessarily a good reason.

However from what you say PRA have used the time lapse to produce documentation despite saying that they didn't realise the claim was stayed.

There's no post at this time of night nor tomorrow (Sunday) so don't rush to send a CPR 31.14 Request without giving consideration to the usefulness of Part 18 questions or perhaps both.

The SAR goes to MBNA.

Di

[Darren104]

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

WHAT DO YOU MEAN BY....."Request without giving consideration to the usefulness of Part 18 questions or perhaps both."

aLso what is mbna address and will they still have my details and information

[Darren104]

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

I have had to upload some of these court papers because its all getting confusing of what i should do next

[MIKE770]

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

y MBNA Limited. Registered Office: Stansfield House, Chester Business Park, Chester CH4 9QQ.

[Diana M]

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

what is mbna address and will they still have my details and information

Have you moved address since the MBNA account was assigned to Varde ?

MBNA may ask you to provide evidence of your current address for DPA reasons.

Di

[Darren104]

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

Yes i have changed address a few times since the credit card was issued so i will tell them. Am i just asking for all the information they hold of me quoting the credit account number etc

[MIKE770]

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

yes all

[Darren104]

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

Have you looked at the documents ive uploaded and have i gotta complete the DQ. The form asks what court i would like the case to be heard.
Obviously Dudley where i live

[Darren104]

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

We ask for this information under CPR 31.14
Shouldn't the CPR 31.14 be sent as soon as possible after having received the court claim and after having acknowledged receipt through the MoneyclaimOnline service. It is not applicable after the case has been allocated to a track (small claims/fast/multi track).
My case is about to go to small claims track .

[Diana M]

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

We ask for this information under CPR 31.14
Shouldn't the CPR 31.14 be sent as soon as possible after having received the court claim and after having acknowledged receipt through the MoneyclaimOnline service. It is not applicable after the case has been allocated to a track (small claims/fast/multi track).
My case is about to go to small claims track .

Your claim has not yet been allocated to any track.

Di

[Diana M]

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

Have you looked at the documents ive uploaded and have i gotta complete the DQ. The form asks what court i would like the case to be heard.
Obviously Dudley where i live

Yes I have looked at your redacted documents.

Yes you must complete and file the DQ by the deadline given by the court which you say is 6th October.

If Dudley county court is your local court then you have the right (as the Defendant) to nominate that court.

Di

[Darren104]

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

I have just looked all though the paperwork that Pra sent me and it looks like they have previously written to MBNA themselves and obtained it from there and sent it on to me.

I have got The copy of the credit agreement, the bank MBNA statements of my payments, computerized communications from when accounts was opened 27/03/2006 until it was sold to Experto Credite 27/07/2009.
They also sent a copy of a letter Expert Credite sold the account onto Aktiv Kapital on 26/04/2012.
Aktiv Kapital sold the debt onto Pra Group 31/12/2014, which i was never notified of and assumed Aktiv Kapital still held the account, which i believed was still unenforceable as they never produced the Credit Agreement or Deed of Assignment at the time i requested it in 2013.

Experto Credite went into liquidation in 2016.

[Darren104]

Cpr 31.14 what information should i ask pra group for?

Hello all,

i would like advice of the uploaded pra group claim.

What documents are actually mentioned in the particulars of this claim that i should ask for
with regard to sending a cpr 31.14.

Thank you.

[charitynjw]

Re: Cpr 31.14 what information should i ask pra group for?

Not much there re actual documents mentioned.
The agreement....that would include the terms & conditions plus any ancillary agreements if any (eg PPI).
Notices of Assignment.....I would also request the Deeds of Assignment.

It is documents not listed which may be key.
Default Notice?
& are they listing all of the assignments?
You can request disclosure of evidence in other ways than just CPR 31.14.
CPR 12 can be used for specific disclosure.
CPR 18 can be used.

Or just simply write to the Claimant's solicitor (head it 'Required Disclosure of Evidence') & ask for it.
They are under a continuing duty to disclose, even if harmful to their case. Bear in mind that the watchword is 'proportionality'...you shouldn't ask for 'everything including the kitchen sink' in the hope that something may turn up.

All correspondence, keep copies & get proof of posting.