Going to court against PRA in 2 days

[Auntie07]

Hi

I am going to court in 2 days against PRA who have filed a CCJ against me for a MBNA credit card debt. They have send me today a lot of documents & a witness statement to say i should stop the proceedings as i cannot possibly win the case to have the ccj removed or stayed.
the docs are as follows:

1 Credit card agreement
2 Transaction Log
3 Notice of default
4 Notice of termination
5 statements
6 Notice of assignment
7 correspondence.

I had started to prepare my defence when i received these documents- non of which have my signature on them or anyone elses for that matter.

Could anyone advise me on what may help me going forward to the court hearing?

many thanks

[nemesis45]

Re: Going to court against PRA in 2 days

Hi Welcome to LB,
This is a set aside application I presume?
What is the agreement described as a " Reconstituted" copy of the agreement, which does not
have to have any signatures. But must have your name and address as it was when the account was
opened.

Two sets of terms and conditions one relevant at the time the account was opened and one set relevant
when the account was closed.
There should also be any documents mentioned in the body of the T & C's
Any amendments made during the life of the agreement.
You can bring the fact that you have only just received these documents and have not
had time to determine their validity, the judge should be prepared to test the merit of the
documents provided.

Why was judgement by default gained on this debt?

nem

[R0b]

Re: Going to court against PRA in 2 days

First of all what is your reasons to set aside the CCJ? When the claim was issued did you get an order from the court to file any witness statements or evidence to PRA within so many days and vice Versa?

It seems unreasonable to suddenly send them all to you within 2 days usually the courts require exchange of statements and evidence within a certain timescale.

Do they have any grounds for obtaining a judgment against you? What is the transaction log? Is that just a screenshot of a payment made? If so can you check whether or not a payment was made from yor account at that time?

I've tagged [MENTION=55034]nemesis45[/MENTION] as he could help with the rest.

[NWHC]

Re: Going to court against PRA in 2 days

When was the credit card account opened?

Is the agreement they sent you legible

Is the default notice properly made out

[Auntie07]

Re: Going to court against PRA in 2 days

Hi when i initially received the claim, i sent the form back saying i would like to defend. i didnt receive the claim pack, so called the ccbc & they had already sent the letter to say a ccj had been applied. So that's when i applied to go to court to get it set aside due to the circumstances. the court date was set for 11th Feb, this was before xmas.I since received nothing till 2nd & today from PRA with the documents & witness statement, expressing that i stop the court hearing as i have no way of winning. I am unsure of how now to prepare my defence, as part of it was to prove the debt is mine with signed contracts etc. Although they still have not provided anything that has been signed by myself. Also my job is putting contractors into Banks etc- so its possible i wont be able to work with this hanging over me

any help greatly appreciated

[nemesis45]

Re: Going to court against PRA in 2 days

Hi when i initially received the claim, i sent the form back saying i would like to defend. i didnt receive the claim pack, so called the ccbc & they had already sent the letter to say a ccj had been applied. So that's when i applied to go to court to get it set aside due to the circumstances. the court date was set for 11th Feb, this was before xmas.I since received nothing till 2nd & today from PRA with the documents & witness statement, expressing that i stop the court hearing as i have no way of winning. I am unsure of how now to prepare my defence, as part of it was to prove the debt is mine with signed contracts etc. Although they still have not provided anything that has been signed by myself. Also my job is putting contractors into Banks etc- so its possible i wont be able to work with this hanging over me

any help greatly appreciated

Please answer my question in Post#2

nem

[Auntie07]

Re: Going to court against PRA in 2 days

Hi

So they sent the credit card agreement with MBNA then my name and address underneath. TOB attached. the default notice was sent
3rd spet 2012, saying served under section 87(1) of consumer act 1974. When you say properly made out, not exactly sure what you mean? all of these are copies.

thanks

[Auntie07]

Re: Going to court against PRA in 2 days

yes it does have my name & address on the credit agreement but i cant see anywhere that it say reconstituted!
i'm not exactly sure when the card was opened but the first transaction was 25 Aug 2009.
they have copies of the default, then a letter to sy they may sell the debt on

thanks

[nemesis45]

Re: Going to court against PRA in 2 days

Hi

So they sent the credit card agreement with MBNA then my name and address underneath. TOB attached. the default notice was sent
3rd spet 2012, saying served under section 87(1) of consumer act 1974. When you say properly made out, not exactly sure what you mean? all of these are copies.

thanks

Does the default notice give an actual date by which it must be rectified not just a number of days.

Any chance you can post a redacted copy of the agreement here please.

If you have a problem I'm sure [MENTION=49370]Kati[/MENTION] will be able to help you.

nem

[Auntie07]

Re: Going to court against PRA in 2 days

yes it gives the date 22nd Sept 2012

[NWHC]

Re: Going to court against PRA in 2 days

To be correct the default notice must give you 14 days (and service, so usually 4 days) to rectify the default. It should state a date that it must be rectified and not just 18 days or suchlike
It must also be headed

This is a default notice served under S87(1) Consumer Credit Act . I will see if I can find an example


I think that is compliant

[Auntie07]

Re: Going to court against PRA in 2 days

Hi Again

Solicitors have sent me a letter today with the total costs that they say i will incur by going to court on Thursday. As you say the default notice is compliant, do i have a defence here at all? any advice greatly received.

Kind Regards

[Auntie07]

Re: Going to court against PRA in 2 days

Hi I am in court tomorrow.

Wondered if anyone saw my post yesterday? I think the default notice in compliant so i am now struggling with preparing my defence. Solicitors also sent me a copy of their costs i will receive after the court hearing.

Please can anyone help me

thanks

[R0b]

Re: Going to court against PRA in 2 days

I've tagged [MENTION=55034]nemesis45[/MENTION] to see if he can supply an answer to you today.

[nemesis45]

Re: Going to court against PRA in 2 days

I've tagged @nemesis45 to see if he can supply an answer to you today.

Thanks [MENTION=71570]R0b[/MENTION]
Just reading now.

nem