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

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  • Darren104
    replied
    Aktiv capital/pra group - deed of assignments

    I believe Aktiv Kapital was taken over and bought out by Pra Group in 2014.

    Does that mean Aktiv Kapital would have to have made deed of assignments with Pra Group for all individuals Debts that was obviously bought with the company.

    Would i be able to request a copy of it ?

    Leave a comment:


  • Darren104
    replied
    Re: Cpr 31.14 what information should i ask pra group for?

    Well there was Experto Credite, Aktiv Capital and Pra Group. Should there be 3 assignments

    Leave a comment:


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

    ......and Experto Credite who bought continued......
    They are not mentioned in the PoC......strange, that!
    Any others?
    Varde, maybe?

    Leave a comment:


  • Darren104
    replied
    Re: Cpr 31.14 what information should i ask pra group for?

    It is just the litigation officer that is dealing with the case, so should i write to him.

    Should there be 3 Deeds of Assignments and 3 Notices of Assignments as there has been 3 companies buy the debt since 2009 when first sold.

    Also they say in their claim that i defaulted on 30/06/09, when i didnt. I actually defaulted in 2008 with MBNA and that''s when there was an agreement to put me on a Debt Management Plan where the interest was frozen and i was paying a small amount each month and Experto Credite, who had bought it, continued with the same arrangement

    Leave a comment:


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

    See link below for discussion re Part 18
    http://legalbeagles.info/forums/showthread.php?102339-JustWhatINeed-Vs-Arrow-Global-Shoosmiths&p=753582#post753582


    Post #18 onwards on the link.

    Leave a comment:


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

    CPR are court rules as opposed to forms

    Leave a comment:


  • Darren104
    replied
    Re: Cpr 31.14 what information should i ask pra group for?

    It is just the litigation officer that is dealing with the case, so should i write to him. Also are the CPR 12 and CPR18 separate forms to send and where can i download them from?

    Should there be 3 Deeds of Assignments and 3 Notices of Assignments as there has been 3 companies buy the debt?

    Leave a comment:


  • charitynjw
    replied
    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.

    Leave a comment:


  • Darren104
    replied
    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.
    Attached Files

    Leave a comment:


  • Darren104
    replied
    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.


    Last edited by Darren104; 24th September 2017, 12:46:PM.

    Leave a comment:


  • Diana M
    replied
    Re: Pra group lifted the court stay i defended on money claim on line

    Originally posted by Darren104 View Post
    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

    Leave a comment:


  • Diana M
    replied
    Re: Pra group lifted the court stay i defended on money claim on line

    Originally posted by Darren104 View Post
    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
    Last edited by Diana M; 23rd September 2017, 22:28:PM. Reason: Typo

    Leave a comment:


  • Darren104
    replied
    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 .

    Leave a comment:


  • Darren104
    replied
    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

    Leave a comment:


  • MIKE770
    replied
    Re: Pra group lifted the court stay i defended on money claim on line

    yes all

    Leave a comment:

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