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Jayne Brand

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About Jayne Brand

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  1. I can't pay it Andy, I'm now on a very low income & have made a reasonable offer to settle with the claimant but they have rejected it, the bottom line is I'm attempting to put up a reasonable defence in order to make the other side more amenable to settle as if they don't I'll be forced into an IVA in the new year which will neither benefit myself nor claimant. In relation to owing this debt, I'm not disputing I do owe the debt Andy, the question is to whom do I owe the debt? This is why I am interested as to how another party can simply put me on notice & claim that I am indebted to them without provided a letter of assignment from the original debtor to that party in order to confirm the debt has indeed legally been assigned to that party. If I went into a shop & purchased an item I expect to be issued a receipt, if the right of ownership is ever in doubt as to my right of ownership to the item I purchased I would be expected to show that receipt as proof of purchase. So I suppose in simple terms what I am questioning is where is their receipt of purchase? Is my thinking wrong in some way Andy? Please advise. Regards, Mark
  2. Hi Andy, Thanks for that observation, reference my point about the proof of assignment from the lender to the DCA, am i right in contesting that I still do not have any evidence that my account was actually assigned the DCA? Regards, Mark
  3. Hi Andy, Here is the redacted witness statement, the illegible pages are pages 6 & 7 of the statement. Regards, Mark
  4. Yes the illegible document is the reconstituted agreement between myself & MBNA, everything else is legible... I can scan in the most recent witness statement I received yesterday if that makes things easier.
  5. Hi Andy, Thank you very much for the clarity, I have noticed that in the claimant's statement they have not provided me with the letter of assignment between the creditor & the DCA. Is it reasonable for me put in my defence that the claimant has not provided any proof of assignment, by the creditor. Yes, they are showing they sent a NoA to me but no tangible evidence that the debt has indeed been assigned to them. Please advise... Regards, Mark
  6. Hi Andy, Defence is attached, Timelline is: a) By 18th December 2015 - both sides to provide documents & witness statements. b) By 8th January 2015 - both sides to send a further signed statement commenting on the other party's evidence. The trial date has also been set for 9th March 2016. Regards, Mark
  7. Hi Andy, No I haven't done anything yet.... I had spent most of my time contesting the point that the claimant had not provided any evidence in my initial defence & paid for a hearing to strike out the claim but vacated the hearing as the evidence appeared shortly after. So I'm not sure what grounds I am defending on now I have made an offer to settle which was rejected so didn't expect things to go this far to be honest. Should I stick with my original defence that the issue is premature & as the evidence was produced late that litigation could & should have been avoided etc? Regards, Mark
  8. Hi DX, Here are the pages with the Notice of Assignment & Notice of Default letters. Neither of which were received at my address, the address being used not being fully correct as it happens on all correspondence. I have been ordered to produce my evidence & a witness statement by this Friday so iif any errors do exist it would be very helpful to know. Thank you very much for your advice so far, I do appreciate it & will make another donation at the end of the week to reflect my gratitude. Regards, Mark
  9. Thanks very much DX... What I'll do then is pull out the NoA & the Default Notices as a separate attachment in a new reply. Regards, Mark
  10. Name of the Claimant ? PRA Group Date of issue – . 6/7/15 What is the claim for – 1.The claimant claims the sum of £11,433.52 for debt + interest. On 02/03/2012 the defendant entered into an agreement with MBNA Europe Bank Ltd for a credit card under ref xxxxx. On 31/07/2103 the defendant defaulted on the agreement with an outstanding balance of £10,013.52. On 24/09/2013 the debt of £10,013.52 was assigned to Aktiv Capital Portfolio AS 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 1. AND THE CLAIMANT CLAIMS 1. The Sum of £10,,013.52 2. Statutory interest pursuant to Section 69 of the Conty Courts Act 1984 at a rate of 8.00% per annum from 24/9/2013 to 3/7/2015. £1,4120 and thereafter at a daily rate of £2,19 until judgement or sooner payment. What is the value of the claim? £11,433.52 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After 2007 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. Assigned to DCA Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I lost my job. What was the date of your last payment? 19/11/2012 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 managementicon plan? No
  11. Hi Dx, I'm filling in your questionnaire now & will whiz it back to you shortly. The blurred copies in the PDF are as they have arrived from the claimants solicitors, I was thinking the same myself, if it's not possible to read the text then how is it possible to defend it. I don't know if putting things into Word will word because I scanned all this is directly to PDF from my printer - but I'll try it & see what happens. Thanks, Mark
  12. Hi all, I think I'm in quite a bit of hot water with this attack from PRA Group I've following the advice from other contributors in here & been through all the necessary communication with this DCA's solicitors & although very late in the day they have provided all that the court ordered them to evidence proof of debt, correct legal assignment etc. I was wondering if anybody would be willing to cast an eye over the evidence provided & comment on whether it is all in order or if there is perhaps any legal grounds to which I can defend myself in this claim based on any paperwork/contractual errors. The PDF links to the evidence provided by the claimant are attached. Any help would be greatly appreciated. Thanks, Mark
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