Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012.

On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information

Specifically I wrote:

I need a copy of

(1) the Default Notice,

(2) the Notice of Assignment,

(3) a complete set of statements detailing exactly how the debt has accrued detailing:

(a) All Transactions,

(b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor,

© Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement.

The PRA group letter on the 12th said, that in response to my query (PAP form)

please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin).

The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them.

Today I received the county court claim form.

I don't know what to do now?

Please advise.

Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.

Please read the following link and then copy and paste the Q,s and your responses back here for advice on how to proceed with the claim.

Instructions are contained in the link on how and when to acknowledge service and what to send CPR/CCA.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**

Regards

Andy

Name of the Claimant

PRA Group

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

18 Dec 2018

Particulars of Claim

The claimant claims the sum of (£2700) for an outstanding debt owed.

On (02/2008) the defendant entered into an agreement with MBNA Europe Bank Ltd. for a credit card under reference ---------.

On (04/2012) the defendant defaulted on the agreement with an outstanding balance of £8000.

On 06/2012 the debt of £7900 was assigned to Aktiv Kapital Portfolio ASA, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 12/2014.

Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

Payments of £5200 were received up to (7/2017)

and the claimant claims 1. The sum of £2700

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Yes

What is the total value of the claim?£2700

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

When did you enter into the original agreement before or after April 2007 ?2008

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No longer - default more than 6 years ago

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser issued the claim (PRA Group)

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments?Unable to pay

What was the date of your last payment?Defaulted 2012 - paid via Stepchange from then on a DMP until 2017 - unable to pay

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Yes on a DMP until 2017 - unable to pay

Thanks...now follow the instructions to Register to use MCOL to acknowledge service and send a CPR 31.14 request and section 78 request to the Solicitor and Claimant (instructions provided in the link above)

Andy

Thanks Andy,

What is the advantage of sending a CPR 31.14. Haven't PRA Group have already sent me these documents in the PAP response?

My questions are:

Do I have any defence - or is it too late?

The credit agreement copy sent to me was very brief with no signature etc. online application box ticked.

I would only be able to make a very small month payment (eg. £1) per month if agreeing to pay via the CCJ.

Is it possible to try and negotiate a reduced payment to settle in full with PRA Group

- there may be a possibility to raise 50% etc. via a family member to prevent a CCJ.

if so should this be done on the phone or in writing at this stage?

follow the info below

you don't need a new CCA request

but you do need the CPR 31:14

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

My questions are:

 

Do I have any defense - or is it too late? The credit agreement copy sent to me was very brief with no signature etc. online application box ticked.

 

I would only be able to make a very small month payment (eg. £1) per month if agreeing to pay via the CCJ.

 

Is it possible to try and negotiate a reduced payment to settle in full with PRA Group - there may be a possibility to raise 50% etc. via a family member to prevent a CCJ. if so should this be done on the phone or in writing at this stage?

Did you apply for this online ? Have you uploaded a copy of the agreement ?

Did you apply for this online ? Have you uploaded a copy of the agreement ?

Yes I applied for this one online originally. No I have not uploaded the agreement.

If you could and any other documents in connection to this debt.......wait until the thread has been de merged.

sorry you have a £3k one and a £7k one originally

where you org posted was the £3k one so I wrongly? merged then?

 

so this is a third MBNa card you had or its the old £7k one you've paid some off of.

dx

Yes this is for a third MBNA card (virgin 2008)

If I complete the AOS box in the MCOL as defend all to get me the additional time to defend and later find my defence is weak,

would I still be able to settle out of court with the claimant (perhaps with a reduced negotiated full and final) and still prevent the CCJ,

or is there a reduced time frame for settlement without CCJ still?

ok all sorted sorry had to pop out.

updated this thread title too.

you liked MBNA:lol:

as for you question..yes you can.

but let things run..you never know.

these MBNA agreements are normally faulty somewhere

get it scanned up to one multipage PDF

read upload

dx

Thanks dx.

I have attached the agreement copy sent to me by PRA Group.

They sent just this along with the complete Virgin (MBNA) credit card statement history and the copy of notice of assignment. Nothing else.

Please advise if I have any defence for my CCJ claim form?

Note this is a 2008 credit agreement, not a pre 2007 one.

MBNA-PRAGroup.pdf

so to date devoid of default notice which has proved to be fatal in the past.

you have till Friday 18th jan to sort your defence.

plenty of like claims to read in this very forum.

use the search CAG box of the top red toolbar

cabot claimform card.

or alike

Is there anyone that can advise on the validity of the uploaded application form and if it can be used for my defence

its not an application form.

Sorry I meant Is there anyone that can advise on the validity of the uploaded credit agreement and if it can be used for my defence.

defence...

as it goes, that is what has been returned in many MBNA threads for that time as meeting the requirements of the act.

however, as pointed, the lack of a default notice has been successful many times regarding a court claim.

Thanks dx,

So my (only?) defence currently would be to this part of the claim

On (----) the defendant defaulted on the agreement with an outstanding balance of £----

For this para:

On 06/2012 the debt of £7900 was assigned to Aktiv Kapital Portfolio ASA, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

I only received a copy of the letter from 2015 saying that my account was assigned to PRA from Activ Kapital and that for my inforamtion on Nov 2014 Aktiv Kaptial changed its name to PRA Group

I do not recall having a letter of assignment from Activ Kaptial in 2012, can that also be used as a defence?

This part below of the claim worries me (DMP payments), would a court not see that as admitting the debt, regardless of missing default notice?

Payments of £5200 were received up to (7/2017) and the claimant claims 1.

Its irrelevant what you have been paying nor an admittance....it was not subject to enforcement at that time.On line applications are notoriously difficult to defend but given the age of this agreement it still must comply with the CCA1974 and The Consumer Credit (Agreements) Regulations 2010 the relevant legislation that governs on line distance applications.

https://www.legislation.gov.uk/uksi/2010/1014

Andy

Thanks all. AOS (defend all) done and CPR sent recorded delivery.

Working on my defence, will probably need your help on that at some point soon.

Can someone let me know what happens if the court do not accept my defence?

Will I get an automatic judgement or do I would I have time to make a settlement / reypayment offer etc.

The court will accept the defence...as long as its CPR compliant

Torch - your understanding of how best to handle this doesn't seem very strong.

That places you in a tricky predicament, particularly in view of the documentation that the claimant has produced.

You could press on and defend this in the hope that they cannot comply on the DN point, but even that requires some understanding and skill.

Nevertheless, rather than admit defeat (as a worst case scenario), I'd be thinking about entering a standard CAG defence (which will include a challenge on the DN), then set about working how best to negotiate the best possible deal for yourself.

It will cost the claimant to take this all the way to court, so it would make sense at the very least to come up with an estimate of what that would cost, and knock at least that amount off the total.

Next, I'd work out how many default charges the account has incurred, plus any interest.

Knock that off the total too.

You could consider hitting them with a that as a full and final settlement offer on an affordable monthly repayment plan as part of a Tomlin Order, which would avoid a CCJ, so long as you keep maintain the repayments.

It would save you no end of stress too.

They'd have to accept the offer though - but I know from experience that they are open to that sort of approach.

Sham

Thanks for your thoughts shamrocker.

Note that they did previously offer me a full an final discount of about 20% which was ignored.

I'm going to submit the defence.

If I do offer a full and final, when would be the best timing to do that?

your defence is not due/by till 4pm Friday 18th Jan.

there are lots of threads here to read in the meantime to have a go yourself in making one

post it up here for us to help you with it nearer the time.

you do NOT have to await anything from them in regards to the CPR return.

there is a very long way to go

and numerous stages whereby your offer could be introduced. IF it looks likely you might not have a strong case.

mediation stage

disclosure stage

the claim might not even get that far.

you need to remember that all these claims here are SPECULATIVE and automated..hoping people will wet themselves and cough up.