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Need advice on how to defend a court claim please.
I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month.
According to the claim, MBNA assigned the debt apparently to Aktiv Kapital who in turn assigned it to PRA in 2014 (apparently). I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".
It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"
The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!
However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.
I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they too wrote and told me so in a letter dated 4 months after the date that they claim they received last payment.
I have sent PRA a request for CCA which they received today and have also also acknowledged to court receipt and that I would be defending the claim. However, I also included on the online form what I now think was probably my defense which did not allow for attachments. I attach all correspondence with identifiable references removed and in chronological order. What are my rights and how can I defend this? I also attach my draft defense inviting comments and guidance from you good people. Time is running short and I'm a bit panicky now
I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month.
According to the claim, MBNA assigned the debt apparently to Aktiv Kapital who in turn assigned it to PRA in 2014 (apparently). I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".
It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"
The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!
However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.
I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they too wrote and told me so in a letter dated 4 months after the date that they claim they received last payment.
I have sent PRA a request for CCA which they received today and have also also acknowledged to court receipt and that I would be defending the claim. However, I also included on the online form what I now think was probably my defense which did not allow for attachments. I attach all correspondence with identifiable references removed and in chronological order. What are my rights and how can I defend this? I also attach my draft defense inviting comments and guidance from you good people. Time is running short and I'm a bit panicky now
