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I have been paying £1 a month on an old mnba credit card (taken out 2003) since 2010 following a change in financial circumstances. I have now received claim from pra through Northampton business county court claiming full amount owed £18000 plus interest from June 16. Not clear why from June as have continued to pay since then. The claim refers to default in 2010, reassignment to activ kapital then to Pra. I've requested credit agreement and cpr31.14. I'm looking to defend based on missing documentation and the templates above appear suitable. However today I have received a copy of the signed section of cca which appears separate to the t&cs. On a separate page are terms 1 to 3, terms 4 to 19 are not attached and on this page it states "The rest of your terms and conditions (paras 4 to 19) can be found in the full copy (which we must give to you under the CCA 1974) which is attached.' Question Is this enforceable I seem to recall reading the T&Cs and signature should all be on the same page. There are no interest rates showing and the credit limit showing is 11500 so below the amount claimed. No default notice has been sent. They have sent what they say are notices of assignment but I'm not clear what these should look like. Also the Aktiv Kapital states purchased from Varde Investments (Ireland) and not from mbna. This suggests there should be another assignment from mbna to Varde - would you agree?
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Re: Pra mbna court claim
Yes I wouldOriginally posted by Lollipop View Post
Does the name Experto Credite mean anything to you ?
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Re: Pra mbna court claim
Yes it does. It states on one of the letters that it is Experto I have the agreement with but I've never had any dealings with them either. Do you have any thoughts re enforceability of incomplete cca they've sent me and any advice on how I should proceed?Comment
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Re: Pra mbna court claim
Okay a claim for £18,000 is not going to go away easily. It will be allocated to the Fast Track where the timetable for the proceedings is 30 weeks from allocation to Trial, or even longer if there are any legal interruptions (applications) along the way.Originally posted by Lollipop View Post
Here's what to expect > https://www.justice.gov.uk/courts/pr...l/rules/part28
The important thing is to get the claim set up properly.
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Re: Pra mbna court claim
It's not possible to comment without seeing the documents, but my first questions has to be do you actually recognise all those documents?Originally posted by Lollipop View Post
What did the covering letter say about them being "reconstituted" documents (if it did)?
Don't accept at face value that what you've been sent today is necessarily what you may have been sent/signed/agreed in 2003. You'll need to run forensics over them.
So are they recons?
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Re: Pra mbna court claim
The Notices of Assignment should look like the ones they apparently sent you in the past.Originally posted by Lollipop View Post
If you don't know what they should look like this may suggest that it's the first time you've seen them.
Perhaps you never received any NOA?
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Re: Pra mbna court claim
That's encouragingOriginally posted by Lollipop View Post
Did you ask them to produce the DN in your CPR 31.14 Request?
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Re: Pra mbna court claim
Yes.Originally posted by Lollipop View Post
Send a Subject Access Request to MBNA to get the full history of your account.
That way you'll be able to cross check any documents produced by the Claimant to see if they are 'honest and accurate'. The Transaction Log can be a mine of information.
What is the claim Issue Date?
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Re: Pra mbna court claim
Can you confirm that you have filed your Acknowledgment of Service?Originally posted by Lollipop View Post
You've not said the claim Issue Date but you have 19 days from that to file the AOS and 33 days from the claim Issue Date to file your Defence.
Since this claim is over £18k you need to do everything correctly.
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