Pra group /mbna c card

[ED ACHE]

Hi

This is first time I have posted but have followed site which has been very helpful in the past as I lost business property and livelihood in fire 2012 . Since then I have been fighting various insurers and debtors CA


I have asked for CCA agreements regarding several outstanding debts and have had all stayed but I have had several letters and now court action from PRA Group .


They have taken court action and I have defended the case and now have received CCA which seems to be a reconstructed agreement / application form and has only part of the T/Cs on the back of application form as it says refer to paragraph 11 and it only has terms up to 3a and no credit limit etc

I asked court to stay this action but I have had a fast track allocation as this is what I asked for instead of Mediation (I think I should have asked for mediation ?) I don't know what to do now as court docs say both parties must disclose docs before Nov 8th but I can send application to get order set aside or varied or stayed should I do this ?

I can forward you copy of CCA for your opinion as I would like confirmation that this agreement is not enforceable and how I proceed from here

Your thoughts would be very much appreciated

[charitynjw]

Re: Pra group /mbna c card

Hi ED

Why fast track?
How much is this claim for?
When did you sign the original agreement?
When did you last pay into the account or acknowledge it in writing? (Statute-barred?)

It does help to get a clear picture. (My grain of truth!)

[Diana M]

Re: Pra group /mbna c card

From what you say I can't see any reason you may have to make an application for anything at this moment in time.

Tell me a bit more about the situation.

If you believe that the CCA sent to you is non compliant then I would expect that to be something to be decided at Trial but not before. Unless there's no hope of the Claimant's success in which case sometimes a swift Summary Judgment may be appropriate.

Without seeing the paperwork I can't really comment.

If the claim has been allocated to the Fast Track it will have been transferred to your local county court and Directions would have been sent ((have they?) telling both parties what they must do and when they must do it by.

You say 8th November is the deadline for Discosure. Do you mean that's the deadline for you to exchange your List of Documents or has that already happened and the other side has said which ones it wants to inspect from your list?

You've said you asked for allocation to the Fast Track instead of Mediation which is only offered by the court for claims under £10k so how much is this claim?

Is PRA using in-house solicitors or have they instructed a firm to act for them?

Di

[Amethyst]

Re: Pra group /mbna c card

For possible comparison of the agreement have a look http://legalbeagles.info/forums/foru...ements-Library

.... the back of application form as it says refer to paragraph 11 and it only has terms up to 3a and no credit limit etc .....

is quite a standard state of affairs with MBNA agreements.

[Diana M]

Re: Pra group /mbna c card

and now court action from PRA Group .

They have taken court action and I have defended the case and now have received CCA

One more question (for now )

What did you plead in your Defence?

Did you receive the CCA after you filed your Defence in which case you may wish to file an Amended Defence to reflect what you were sent.

Di

[ED ACHE]

Re: Pra group /mbna c card

Hi Charitynjw

Sorry tried to summarize as best I could


Fast track as I thought this would be best way for judge to access CCA no compliance then I received CCA and now see this agreement is a reconstruction and have sent to court thinking they would set aside as not original

The claim is for 22k including legal fees interest etc balance when I last used 15k


Signed agreement 2003 , and last payment made 2012 as I lost business and livelihood and asked if PPI would cover payments and asked for CCA but never had reply until passed onto collection agency

[Diana M]

Re: Pra group /mbna c card

asked if PPI would cover payments and asked for CCA but never had reply until passed onto collection agency

Did you make a formal s.77-79 CCA Request including the £1 statutory fee and who did you send it to and when (what date?)

If you had PPI on the account did they also send you the PPI Ts & Cs when they sent the CCA response?

Di

[ED ACHE]

Re: Pra group /mbna c card

Hi Diana M

Yes, it has been sent to local court, deadline is for exchange of list of documents the trail date has been set for March 30th and it says PRA have to pay a further £545 fee with checklist by 31 January


The amount is for 22k including legal fees interest balance at time I had fire was 14500 aprox


PRA are using in-house legal team


I can send copy of CCA I have been sent if you would like


Thanks for support

[Diana M]

Re: Pra group /mbna c card

I don't know what to do now as court docs say both parties must disclose docs before Nov 8th but I can send application to get order set aside or varied or stayed should I do this ?

I've responded to that question in post # 3 which you may not have seen.

You have a court deadline to comply with because if you don't there's a genuine risk your Defence could be struck out.

Deal with the Disclosure issue first and foremost.

Di

[ED ACHE]

Re: Pra group /mbna c card

Hi Di

I pleaded full defence as I had asked previously asked for help regarding if PPI could be applied ,


Once I received court action I then asked PRA & Mbna for CCA , I received a letter saying I did not need to send £1 postal order and returned it and said they would ask CCA but it could take up to 80 days as it happened it took about 30 days in which time PRA sent a letter saying they would be proceeding after I had sent defence

[Diana M]

Re: Pra group /mbna c card

Okay, then you will probably need to file an Amended Defence but you''ll need permission from the court to do that unless PRA are willing to consent.

Did you only plead PPI issues in your Defence?

Di

[Diana M]

Re: Pra group /mbna c card

Hi Diana M

The amount is for 22k including legal fees interest balance at time I had fire was 14500 aprox

Have you kept details of your rejected PPI claim?

Di

[ED ACHE]

Re: Pra group /mbna c card

Hi Diana


No unfortunately as this was 2012 I have not kept letter sent and after that did not hear from MBNA for about 6 months until they sold debt