mbna PRA

[Scousebird333]

mbna debt sold to PRA. cca issued years back and response was vague, photocopies of generic wording. all pretty quiet since; default 6yrs anniversary looming. should i resend a CCA request again, as my understanding is they cannot issue proceedings whilst an outstanding query is being dealt with, so that hopefully means they miss the anniversary, or is my memory mixing it up with some other outdated info . or should i let sleeping dogs lie...... thanks in advance for any replies.

[jaguarsuk]

mbna debt sold to PRA. cca issued years back and response was vague, photocopies of generic wording. all pretty quiet since; default 6yrs anniversary looming. should i resend a CCA request again, as my understanding is they cannot issue proceedings whilst an outstanding query is being dealt with, so that hopefully means they miss the anniversary, or is my memory mixing it up with some other outdated info . or should i let sleeping dogs lie...... thanks in advance for any replies.

*must resist taunting scouser and give good advice*

When was the last payment made to it (whether original creditor or a debt collector)? Before or after the default?

The problem you have got if you send a CCA to them is that you risk alerting them that the statute barred date is on the horizon and whether they have the docs or not they might fire in a claim to stop the clock.

A better route is to send a Subject Access Request Letter to MBNA to see what they still have available to send to PRA if requested. PRA aren't going to know you have contacted MBNA and forewarned is forearmed.

Ask for copies of the credit agreement, any default notices, any notices of assignment, a full history of the account and any other information they have of you.

I'm originally from Manchester btw, so only joking about the taunting

[Kati]

*must resist taunting scouser and give good advice*

so glad you're cheerful this morning Jags

to LB Scousebird333 ... you're in good hands with Jags xx

[Scousebird333]

No payments made. I did wonder if new rules meant they had to send letter before claim...... but sometimes they conveniently forget to do this and then hope a judge isn't too strict on procedure?
by my calculations time runs out less than 30 days.
yes maybe better to contact mbna first. Does this also count towards saying account in dispute?
ps no offence taken about Scousers!!

[jaguarsuk]

No, only your CCA counts and the SAR just gives you a bit of info of whether they are likely to get it or if they do what it should look like, in case they try to be sneaky.

[Scousebird333]

Thank you.
it' that not knowing whether to let sleeping dogs lie..... or sar them to put into dispute...... !
with the new rules I should have had a letter before claim by now....... if they are to be compliant.
how many DCA ignore the rules and just issue proceeding? And how many judges would seriously take flaunting this rule into account or actually throwing case out as procedure not followed.

[jaguarsuk]

Thank you.
it' that not knowing whether to let sleeping dogs lie..... or sar them to put into dispute...... !
with the new rules I should have had a letter before claim by now....... if they are to be compliant.
how many DCA ignore the rules and just issue proceeding? And how many judges would seriously take flaunting this rule into account or actually throwing case out as procedure not followed.

It's actually few who do issue claims without a Letter Before Action in actuality, it tends to be Litigants in Person (ordinary people) that tend to do that as they don't know they are supposed to and want to get their claim lodged.

If it got to court then the judge might look at in terms of unreasonable conduct regarding costs, but the chances of a judge dismissing the case because a compliant LBA wasn't sent are slim to none.