• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PRA Group Court Claim form received

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PRA Group Court Claim form received

    Hi

    I received a court claim form of Christmas eve (of all times) from PRA Group in respect of a credit card debt, PRA have been pestering me with numerous calls sometimes two or three times a day. It is mainly my fault for burying my head in the sand but I mounted up the debt as a result of my mother who has dementia was being conned in to paying money to a so called friend, I withdrew money from the card to help my mother and since then it has never been repaid, it went through the police but they said there was nothing they could do. I went in to default with the Credit Card and then the debt was taken over by Aktiv Kapital and they assigned the debt to PRA Group.

    The POC is as follows:

    The claimant claims the sum of 10019.87 for debt andinterest. On 2/9/97 the defendant entered into an agreement with MBNA for a CreditCard under reference ............... On 31/3/10 the defendant defaulted on theagreement with an outstanding balance of 8020.24. On 29/2/12 the debt of8020.24 assigned to Activ Kapital Portfolio AS, Oslo Zug Branch, who itselfassigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment weresent to the defendant in accordance with S136 Law of Property Act 1925.Payments of 170.00 received up to 8/7/13 AND THE CLAIMANT CLAIMS The sum of7850.242. Statutory interest pursuant to Section 69 of the CountyCourts Act 1984 at a rate of 8.00% per annum from 8/7/13 to 21/12/16 2169.63and thereafter at a daily rate of 1.72 until judgement or sooner payment.

    I don't k know if it would be worth me send off a CPR 31.14 and CCA request or if I should just admit the claim, I last made repayments to Aktiv Kapital in 2013 therefore it certainly isn't statute barred, I just couldn't afford to keep making repayments.

    Please can someone give me some advice as to the way forward?

    Many thanks.

    Tags: None

  • #2
    Re: PRA Group Court Claim form received

    Hi Dizzy

    Have you filed acknowledgement of the court claim yet?
    If not, do so asap.
    For the time being, defend in full.
    If you live in England/Wales, do not contest jurisdiction.
    Please let us know when you've done so & we can take it from there.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: PRA Group Court Claim form received

      Hi Charity

      Many thanks for your prompt response I have now acknowledged the court claim, what would you suggest I do now?

      Comment


      • #4
        Re: PRA Group Court Claim form received

        Originally posted by Dizzy View Post
        The POC is as follows:

        The claimant claims the sum of 10019.87 for debt andinterest. On 2/9/97 the defendant entered into an agreement with MBNA for a CreditCard under reference ............... On 31/3/10 the defendant defaulted on theagreement with an outstanding balance of 8020.24. On 29/2/12 the debt of8020.24 assigned to Activ Kapital Portfolio AS, Oslo Zug Branch, who itselfassigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment weresent to the defendant in accordance with S136 Law of Property Act 1925.Payments of 170.00 received up to 8/7/13 AND THE CLAIMANT CLAIMS The sum of7850.242. Statutory interest pursuant to Section 69 of the CountyCourts Act 1984 at a rate of 8.00% per annum from 8/7/13 to 21/12/16 2169.63and thereafter at a daily rate of 1.72 until judgement or sooner payment.

        I don't k know if it would be worth me send off a CPR 31.14 and CCA request or if I should just admit the claim
        Oh dear, PRA seem to have been on a claims spree over Christmas.

        I dont see any any reason for you to admit the claim especially when the POC say the account originated as an MBNA credit card in 1997

        They also say it was assigned from MBNA to Aktiv Kapital, but any chance it went to Experto Credite (Varde) for collection first? I have a reason for asking.

        Definitely send the CCA Request and the CPR 31.14 Request right away.

        Also send a Subject Access Request to MBNA so you'll get the full history of the debt which you need when it comes to running forensics over any documents disclosed along the way.

        Since this claim is over £10k it's likely to be allocated to the Fast Track where the loser has to pay the other side's legal costs so it's best to get ahead with the necessary homework now.

        Di

        Comment


        • #5
          Re: PRA Group Court Claim form received

          Hi Di

          PRA do seem quite ruthless, especially with their timings

          Thank you for your advice it is much appreciated. I do vaguely remember getting chasing letters from Experto Credite (Varde) prior to Aktiv Kapital, I have run up debts on a few loans and credit cards in the past, for my reason stated in my first thread so I am not sure if it was Experto Credite that handled this debt or another one.

          In the meantime I will send the relevant requests as stated today, the reason for the delay is that we have been away for most of Christmas and New year visiting family and this was the only day I was able to deal with it properly.

          Thank you so much again for your help.

          Comment


          • #6
            Re: PRA Group Court Claim form received

            Originally posted by Dizzy View Post
            I do vaguely remember getting chasing letters from Experto Credite (Varde) prior to Aktiv Kapital

            . . . . I am not sure if it was Experto Credite that handled this debt or another one.
            The SAR will clarify that.

            Have you kept any of your old paperwork for this debt?

            If Experto Credite (Varde) were part of the chain of events that may be helpful to know.

            Di

            Comment


            • #7
              Re: PRA Group Court Claim form received

              I have kept some but I am such a disorganised person that I will have to dig deep to find any of it. If I find any this weekend I will of course let you know.

              Comment


              • #8
                Re: PRA Group Court Claim form received

                One more quick question

                Did this credit card start life as MBNA or could it have been Virgin (or another brand such as Alliance and Leicester)?

                Di

                Comment


                • #9
                  Re: PRA Group Court Claim form received

                  Actually I should also ask did you have PPI on the account? Not all account holders knew they had it.

                  Di

                  Comment


                  • #10
                    Re: PRA Group Court Claim form received

                    Originally posted by Diana M View Post
                    One more quick question

                    Did this credit card start life as MBNA or could it have been Virgin (or another brand such as Alliance and Leicester)?

                    Di
                    I believe it was Alliance and Leicester Credit Card.

                    - - - Updated - - -

                    Originally posted by Diana M View Post
                    Actually I should also ask did you have PPI on the account? Not all account holders knew they had it.

                    Di
                    Now that I am not sure of, from memory I do not believe there was any PPI.

                    Comment


                    • #11
                      Re: PRA Group Court Claim form received

                      Originally posted by Dizzy View Post
                      I believe it was Alliance and Leicester Credit Card..
                      I had a feeling it might have beeen

                      The POC are only what the Claimant says is their version of events. The reality can be very different.

                      The SAR will show whether there was PPI added with or without your express wish or knowledge.

                      Di

                      Comment


                      • #12
                        Re: PRA Group Court Claim form received

                        Originally posted by Diana M View Post
                        The SAR will show whether there was PPI added with or without your express wish or knowledge.

                        Di
                        In the SAR do I request copies of statements or just information about the MBNA credit card agreement?

                        Comment


                        • #13
                          Re: PRA Group Court Claim form received

                          Originally posted by Dizzy View Post
                          In the SAR do I request copies of statements or just information about the MBNA credit card agreement?
                          A SAR is a request for anything and everything which the business has on file/database about you. It's not account specific.

                          'Under the circumstances ' you need to send another SAR to PRA too.

                          I'll explain why as and when

                          Di

                          Comment

                          View our Terms and Conditions

                          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                          Working...
                          X