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

[percival]

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

Thank you on the lesson on how to tag a thread.

My sincere Apologies

i read with great interest for future reference

dave

[Diana M]

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

They have applied to northampton to have the stay lifted march 2017 and has been granted by the court.
I have now received papers from the court asking me to complete a notice of proposed allocation to small claims track . The claimant pra group wants the case to be heard without a hearing.

If they made the Application to lift the stay in March, what has been going on since then (six months)?

Has the case been transferred to your local county court and have they sent you the DQ or has it been sent by NCCBC (Northampton)?

One final question (for now ) have you been receiving an annual Notice of Sums in Arrears (s.86) since the account was defaulted by MBNA? This may be relevant for both enforceability issues as well as added interest.

Di

[Diana M]

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

plus they sent me the credit card agreement where i can see it was ticked in the terms conditions box. Must have done it on line. This was 01/01/2006.

Is it likely that you would have applied for a credit card on New Years Day?

You'll need to run forensics over those documents. Did they describe them as "reconstituted" in their covering letter?

And have they sent you a Default Notice?

I'm still baffled when you say they're asking the court to decide the case without a hearing. There has to be a Trial (normally) unless the claim or Defence is struck out or the Claimant discontinues etc.

Are you absolutely sure they've not made an Application for a Summary Judgment to strike out your Defence now that they have produced documents a year after proceedings were issued?

What exactly have you received direct from the court or have you only received paperwork from PRA (including a copy of their DQ)?

Di

[MIKE770]

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

CPR 31.14 Request Letter

http://legalbeagles.info/library/gui...ccess-request/

[Diana M]

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

They have sent me a load of statements that dont seem to go in some sort of chronological order, payments that i have made over the years. plus they sent me the credit card agreement where i can see it was ticked in the terms conditions box. Must have done it on line. This was 01/01/2006. Pra also seem to think or they have got mixed up by saying i took this agreement out with Varde Experto. i didnt it was Alliance and Leicester (MBNA) and they sold it to Experto Credite or Varde Experto. I personally think the deed of assignment is missing because when i originally asked Aktiv Kapital to supply it they sent me a letter saying they could not locate it or could not get it off Varde.

^ ^ ^ ^ this is a familiar story.

Have you sent a CPR 31.14 Request to PRA asking them to produce the documents which are mentioned in the Particulars of Claim?

I would also send a Subject Access Request to MBNA to get the full history of the account which you will find most illuminating especially the Transaction Log

Di

[charitynjw]

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

No one likes being in court except lawyers. Di

Lol!

Watched a film recently; the main character said 'If it wasn't for lawyers we wouldn't need lawyers'!

[Darren104]

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

It is being done through their Litigation department , but they have added £80 legal representation on the claim

[Diana M]

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

I was also told that even if they have not got a deed of assignment the judge can still judge in their favor. I also have the opportunity to settle the case via mediation. What do you think?

I think you've been talking to the wrong people

If PRA can't prove the assignment then how can a judge rule in their favour! Read post # 2 again and also read the link to my case.

No one likes being in court except lawyers. The aim should be to dispose of a claim before it gets that far. The goal is a Discontinuance. PRA aren't gunning for you (personally) they're extremely litigious so issue claims by the bucket load.

Have PRA instructed solicitors to deal with this claim such as Judge and Priestley or Howell Jones? Or is it being dealt with in-house?

What is the deadline for filing your DQ?

Di

[Darren104]

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

No Pra just sent me the documents through the post, and i dont think they have sent anything to the court yet.
They have sent me a load of statements that dont seem to go in some sort of chronological order, payments that i have made over the years. plus they sent me the credit card agreement where i can see it was ticked in the terms conditions box. Must have done it on line. This was 01/01/2006. Pra also seem to think or they have got mixed up by saying i took this agreement out with Varde Experto. i didnt it was Alliance and Leicester (MBNA) and they sold it to Experto Credite or Varde Experto. I personally think the deed of assignment is missing because when i originally asked Aktiv Kapital to supply it they sent me a letter saying they could not locate it or could not get it off Varde.

[Darren104]

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

You didn't make a mistake but PRA may have made a mistake if they left the assignment to Varde off the Particulars of Claim which I see happen - perhaps unintentionally or perhaps not.

Experto Credite were managing the accounts for both Varde and Aktiv Kapital so it wasn't always obvious to the debtor when it went from one to the other (assignment issues).

I wouldn't post the correspondence on a forum since I know they read them. Keep it to yourself for now.

Can you clarify whether you have received a Directions Questionnaire or an Application for a Summary Judgment to strike out your Defence?

Di

The debt was £4226.49 and they have added interest making it £4874 plus £185 court fee and £80 for legal representative totaling I £5139.49. This makes me sick because when i was originally with MBNA i paid no interest because it was frozen as i was on a Debt management plan. I have already defended this claim and Pra Group did not respond in time so i though i had won the case. 12 months later they have had the stay lifted and the directions questionnaire has been granted. This Pra Group are gunning for me. I have to complete a Directions questionnaire (small claims track) and it worry's me as i don't like courts i get really nervous and anxious. Does my case all hinge on whether they can produce a deed of assignment. What if they can? I was also told that even if they have not got a deed of assignment the judge can still judge in their favor. I also have the opportunity to settle the case via mediation. What do you think?

[Diana M]

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

@percival is Dave...

( Dave - to tag it's. @ then the user name - followed by a semi colon ; )

I couldn't figure out why they had been tagged on this thread about a PRA claim with assignment issues.

Di

[Diana M]

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

it was my mistake the company was varde experto and not experto credit .

You didn't make a mistake but PRA may have made a mistake if they left the assignment to Varde off the Particulars of Claim which I see happen - perhaps unintentionally or perhaps not.

Experto Credite were managing the accounts for both Varde and Aktiv Kapital so it wasn't always obvious to the debtor when it went from one to the other (assignment issues).

I wouldn't post the correspondence on a forum since I know they read them. Keep it to yourself for now.

Can you clarify whether you have received a Directions Questionnaire or an Application for a Summary Judgment to strike out your Defence?

Di

[Amethyst]

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

[MENTION=107139]percival[/MENTION] is Dave...

( Dave - to tag it's. @ then the user name - followed by a semi colon ; )

[Diana M]

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

#Tag/dave

Who's dave?

Di

[Darren104]

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

yES I SENT THAT CHEQUE FOR £1 ASKING FOR THE CCA AND OTHER DOCUMENTS AND THEY SENT A LETTER BACK AND RETURNING MY CHEQUE AS THEY SAID THEY DID NOT REQUIRE THIS FOR THE REQUIRED INFORMATION.

SHALL I COPY ALL THE LETTERS AND CORRESPONDENCE AND POST THEM ON HERE IF IT HELPS.