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Received a claim?
Issue Date: 22nd December 2016
Amount approx: £8011.93
Claimant: PRA Group (UK) Limited
Solicitor: No details given, only a name of the Claimant’s Legal Representative
Original Creditor: MBNA
Particulars of Claim: Please type out in full excluding names/account numbers
The Claimant claims the sum of 8011.93 for debt and interest
On 03/07/2007 the defendant entered into an agreement with MBNA for a Credit Card under the reference ****************.
On 30/09/2009 the defendant defaulted on the agreement with an outstanding balance of 7698.85.
On 29/02/2012 the debt of 7698.85 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014.
Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.
Payments of 50.00 received up to 17/05/2016
AND THE CLAIMANT CLAIMS
1. The sum of 7646.85
2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 17.05/2016 to 21/12/2016 - £365.08 and thereafter at a daily rate of 1.67 until judgment or sooner payment.
Is the debt Statute Barred? No
List any letters you have sent:
Any Other Info:
I am female, 56 years old, single.
I’m currently in receipt of benefits since October 2015, due to a nervous breakdown. I am still awaiting a ‘home visit’ to be arranged by the DWP/Health Assessments Centre, despite my Consultant Psychiatrist’s letter of support. Therefore I am existing on ESA but not the due and proper amount awarded after successful assessment but the same rate as a person claiming JSA which is £73.20 per week. I receive also £494.32 Housing Benefit per month.
Per month my actual rent is £570.00: £11.00 council tax: utility bills: £122.18, leaving £19.28 for food, personal hygiene etc per week.
HISTORY
I lost my job due to mental illness in July 2008. I would use my JSA to keep up with the payments, hoping I would secure another salaried position high enough to repay the monthly balance in full, while paying my monthly outgoings too.
I started a new job in Jan 2009. However, the salary wasn’t enough to keep up the monthly repayments which of course, after a short period resulted in a flurry of letters from MBNA.
I contacted the Citizens Advice Bureau. They helped me fill out an expenditure form, and this resulted in my offering £1 per month.
MBNA were not happy with this, as you can imagine, and if they did indeed send a letter of default and registered my debt with a credit reference agency, as threatened, I am not aware of this. What I do know is MBNA did not seek a County Court Judgment.
And, I have continued to pay without fail £1 every month since, and subsequently to all the many ‘other’ Creditors my debt has been passed on to – details as follows:
1. MBNA debt sold on to Varde Investments (Ireland) with Experto Credite Limited collecting payments – not too sure of the date, and no letter kept advising this.
2. Received a letter from Aktiv Kapital (UK) Limited, dated 26.04.2012. In the letter they advised Aktiv Kapital Portfolio AS, Zug Branch purchased my account from Varde Inv. That they: Aktiv Kapital (UK) Limited and on behalf of Aktiv Kapital Portfolio AS, Zug Branch, have requested Experto Credite Limited to continue managing my account. Under the heading ‘ What next? It continues: We have been advised that you already have a payment arrangement set up with Experto Credite Limited. Although Aktiv Kapital Portfolio AS, Zug Branch own your account, you should still continue to make your payments to Experto Credite Limited.
*Note from me: I found this letter to be quite confusing –
*Plus notice the word ‘Oslo’ missing from the title ‘Aktiv Kapital Portfolio AS, Zug Branch’ but mentioned in the title in the Particulars of Claim –
A while later I received another confusing letter from Aktiv Kapital (UK) Ltd early in September 2013. I failed to keep a copy of this, but can remember they were informing me that I’d defaulted (?) and that I was to make further payments through another account namely Buchanan Clark & Wells aka BCW.
3. On the 13.01.2015, I received a letter from PRA Group (UK) Limited. They informed me my account ******** was assigned to them from Aktiv Kapital Portfolio, AS, Oslo, Zug Branch on 31.12.2014. (*please note the inclusion of the word ‘Oslo’ in this title) The letter continues: This means we have been assigned all rights, title and interest to your above account and are entitled to all sums owed under the account and also the right to continue with any actions taken prior to the assignment.
For your information, on the 6th November 2014 Aktiv Kapital (UK) Limited changed its name to PRA Group (UK) Limited.
PRA Group (UK) Limited has previously sent your account to be managed by Buchanan Clark & Wells and they will continue to do so.
Your existing payment arrangements to Buchanan Clark & Wells are not affected aby this transfer and you do not need to make any changes in the way any payments are made.
Please note that should your account be registered with the Credit Reference Agencies, this change will be reflected on your record in due course.
Under the terms of this assignment and as fefined in the Data Protection Act 1988, PRA Group (UK) Limited is now the data controller of your personal data contained in the records of this account.
You have the right to access (on payment of a fee) and, where it is inaccurate or incomplete, to update, your personal data. Should you wish to access your personal data, please write to Bachanan Clark & Wells.
-----------------------
Below I have copied a letter, word for word, I received from PRA Group (UK) Ltd, dated 2nd Dec 2016 – I didn’t fully understand this letter.
*please note the Investigations and Litigation address, as detailed in this letter is different of that on the Particulars of Claim. Does that mean the address in this letter is that of the Claimant’s ‘solicitors’ and I can send the CPR request to this address?
“We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department.
This is a letter before claim as required by the Practice Direction on Pre-Action Proto cols, to give you notice of PRA Groups intention to issue court proceedings against you.
You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free advice agencies detailed on the enclosed document.
We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the court’s powers to impose sanctions for failure to comply with the Practice Direction.
You will recall that you entered into a written agreement numbered ****************** on or about 03/07/2007 with Virgin Money December 2006 (“the Creditor”). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and you are now in breach of the agreement.
By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing.
However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £7698.85.
By an assignment in writing dated 06/11/2014 the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignement.
PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing.
If after considering this letter you take the view that you do not owe £7646.85 then we look forward to receiving your reasons why you thake that view plus supporting documentation.
We do not presently envisage that expert evidence will be needed in this claim.
This letter should also be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution (ADR).
In addition this letter triggers certain time limits that affect you:-
1. You are expected to acknowledge and answer this letter before claim by 18/12/2016.
2. You are expected to respond to the invitation to refer this matter to ADR by 18/12/2016.
We look forward to receiving your letter in reply, responding to the claims made against you and/ or setting out your proposals for settlement/payment. We are prepared to discuss repayment options if this assists you.
If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs.
If you have any difficulty in complying with the above time limits please explain the problem to us as soon as possible and we will consider a reasonable request for an extension.
Litigation Manager”
-----------------------------------
I then receive the Claim Form on 24th Dec 2016
Having telephoned the CAB this morning, they are not open until 3rd Jan 2017
------------------------------------
If anyone is still reading this…. Can you help me to respond especially with the defence please.
Issue Date: 22nd December 2016
Amount approx: £8011.93
Claimant: PRA Group (UK) Limited
Solicitor: No details given, only a name of the Claimant’s Legal Representative
Original Creditor: MBNA
Particulars of Claim: Please type out in full excluding names/account numbers
The Claimant claims the sum of 8011.93 for debt and interest
On 03/07/2007 the defendant entered into an agreement with MBNA for a Credit Card under the reference ****************.
On 30/09/2009 the defendant defaulted on the agreement with an outstanding balance of 7698.85.
On 29/02/2012 the debt of 7698.85 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014.
Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.
Payments of 50.00 received up to 17/05/2016
AND THE CLAIMANT CLAIMS
1. The sum of 7646.85
2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 17.05/2016 to 21/12/2016 - £365.08 and thereafter at a daily rate of 1.67 until judgment or sooner payment.
Is the debt Statute Barred? No
List any letters you have sent:
Any Other Info:
I am female, 56 years old, single.
I’m currently in receipt of benefits since October 2015, due to a nervous breakdown. I am still awaiting a ‘home visit’ to be arranged by the DWP/Health Assessments Centre, despite my Consultant Psychiatrist’s letter of support. Therefore I am existing on ESA but not the due and proper amount awarded after successful assessment but the same rate as a person claiming JSA which is £73.20 per week. I receive also £494.32 Housing Benefit per month.
Per month my actual rent is £570.00: £11.00 council tax: utility bills: £122.18, leaving £19.28 for food, personal hygiene etc per week.
HISTORY
I lost my job due to mental illness in July 2008. I would use my JSA to keep up with the payments, hoping I would secure another salaried position high enough to repay the monthly balance in full, while paying my monthly outgoings too.
I started a new job in Jan 2009. However, the salary wasn’t enough to keep up the monthly repayments which of course, after a short period resulted in a flurry of letters from MBNA.
I contacted the Citizens Advice Bureau. They helped me fill out an expenditure form, and this resulted in my offering £1 per month.
MBNA were not happy with this, as you can imagine, and if they did indeed send a letter of default and registered my debt with a credit reference agency, as threatened, I am not aware of this. What I do know is MBNA did not seek a County Court Judgment.
And, I have continued to pay without fail £1 every month since, and subsequently to all the many ‘other’ Creditors my debt has been passed on to – details as follows:
1. MBNA debt sold on to Varde Investments (Ireland) with Experto Credite Limited collecting payments – not too sure of the date, and no letter kept advising this.
2. Received a letter from Aktiv Kapital (UK) Limited, dated 26.04.2012. In the letter they advised Aktiv Kapital Portfolio AS, Zug Branch purchased my account from Varde Inv. That they: Aktiv Kapital (UK) Limited and on behalf of Aktiv Kapital Portfolio AS, Zug Branch, have requested Experto Credite Limited to continue managing my account. Under the heading ‘ What next? It continues: We have been advised that you already have a payment arrangement set up with Experto Credite Limited. Although Aktiv Kapital Portfolio AS, Zug Branch own your account, you should still continue to make your payments to Experto Credite Limited.
*Note from me: I found this letter to be quite confusing –
*Plus notice the word ‘Oslo’ missing from the title ‘Aktiv Kapital Portfolio AS, Zug Branch’ but mentioned in the title in the Particulars of Claim –
A while later I received another confusing letter from Aktiv Kapital (UK) Ltd early in September 2013. I failed to keep a copy of this, but can remember they were informing me that I’d defaulted (?) and that I was to make further payments through another account namely Buchanan Clark & Wells aka BCW.
3. On the 13.01.2015, I received a letter from PRA Group (UK) Limited. They informed me my account ******** was assigned to them from Aktiv Kapital Portfolio, AS, Oslo, Zug Branch on 31.12.2014. (*please note the inclusion of the word ‘Oslo’ in this title) The letter continues: This means we have been assigned all rights, title and interest to your above account and are entitled to all sums owed under the account and also the right to continue with any actions taken prior to the assignment.
For your information, on the 6th November 2014 Aktiv Kapital (UK) Limited changed its name to PRA Group (UK) Limited.
PRA Group (UK) Limited has previously sent your account to be managed by Buchanan Clark & Wells and they will continue to do so.
Your existing payment arrangements to Buchanan Clark & Wells are not affected aby this transfer and you do not need to make any changes in the way any payments are made.
Please note that should your account be registered with the Credit Reference Agencies, this change will be reflected on your record in due course.
Under the terms of this assignment and as fefined in the Data Protection Act 1988, PRA Group (UK) Limited is now the data controller of your personal data contained in the records of this account.
You have the right to access (on payment of a fee) and, where it is inaccurate or incomplete, to update, your personal data. Should you wish to access your personal data, please write to Bachanan Clark & Wells.
-----------------------
Below I have copied a letter, word for word, I received from PRA Group (UK) Ltd, dated 2nd Dec 2016 – I didn’t fully understand this letter.
*please note the Investigations and Litigation address, as detailed in this letter is different of that on the Particulars of Claim. Does that mean the address in this letter is that of the Claimant’s ‘solicitors’ and I can send the CPR request to this address?
“We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department.
This is a letter before claim as required by the Practice Direction on Pre-Action Proto cols, to give you notice of PRA Groups intention to issue court proceedings against you.
You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free advice agencies detailed on the enclosed document.
We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the court’s powers to impose sanctions for failure to comply with the Practice Direction.
You will recall that you entered into a written agreement numbered ****************** on or about 03/07/2007 with Virgin Money December 2006 (“the Creditor”). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and you are now in breach of the agreement.
By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing.
However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £7698.85.
By an assignment in writing dated 06/11/2014 the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignement.
PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing.
If after considering this letter you take the view that you do not owe £7646.85 then we look forward to receiving your reasons why you thake that view plus supporting documentation.
We do not presently envisage that expert evidence will be needed in this claim.
This letter should also be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution (ADR).
In addition this letter triggers certain time limits that affect you:-
1. You are expected to acknowledge and answer this letter before claim by 18/12/2016.
2. You are expected to respond to the invitation to refer this matter to ADR by 18/12/2016.
We look forward to receiving your letter in reply, responding to the claims made against you and/ or setting out your proposals for settlement/payment. We are prepared to discuss repayment options if this assists you.
If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs.
If you have any difficulty in complying with the above time limits please explain the problem to us as soon as possible and we will consider a reasonable request for an extension.
Litigation Manager”
-----------------------------------
I then receive the Claim Form on 24th Dec 2016
Having telephoned the CAB this morning, they are not open until 3rd Jan 2017
------------------------------------
If anyone is still reading this…. Can you help me to respond especially with the defence please.
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