Jump to content

Florence16

Registered Users

Change your profile picture
  • Content Count

    12
  • Joined

  • Last visited

Community Reputation

1 Neutral

About Florence16

  • Rank
    Basic Account Holder
  1. Hi I have some paperwork. 1) Notice of Proposed Allocation to the Small Claims Track from the court. I need to return N180 by 12th June. 2) A letter from PRA suggesting I call them plus a copy of my original MBNA credit card application form, headed The Ten Minute Application Form, dated 2002. Plus a default notice from MBNA dated 2010.
  2. OK, I have submitted my defence based on post 37 and await the outcome. Still had no response from PRA to the requests. Many thanks for taking the time to respond and for all your advice.
  3. OK - does that cover all the points in the claim? I thought I had to respond to each point.
  4. Hi I have tried to answer the points though it is a bit repetitive. Does 5. need a reference to s78 or should that be CPR? I did read post 37 and it says the requests were sent with the date so I have added the dates and "sent to claimant" to clarify that. There are no solicitors on the claim form only PRA so everything has been sent to them. Also there are no paragraphs, just one long bit of text, though I realise that here paragraphs mean legal points to answer. 1.The claimant claims the sum of £5,000 for debt and interest. 2.On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX. 3.On X/X/09 the defendant defaulted on the agreement with an outstanding balance of £5000. 4. On X/X/13 the debt was assigned to Aktiv Kapital who itself assigned the debt to PRA Group on X/X/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. 5.Payments of £600 received up to X/X/14 AND THE CLAIMANT CLAIMS 1. The sum of £4800. 2. Stautory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from X/X/14 to X/X/17 1000 and thereafter at a daily rate of 1.05 until judgment or sooner payment. ----- Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of agreement/contract/breach, as requested by CPR 31.14 sent to the Claimant by recorded delivery on 25/04/2017 and a Section 78 request sent to the Claimant by recorded delivery on 29/04/2017. 2. Paragraph 2 is noted. However I do not recall the details of this credit card account or of any agreement entered into with MBNA around 03/07/2002 and therefore have sought clarity by way of a Section 78 request sent to the Claimant by recorded delivery on 29/04/2017. The Claimant has yet to reply. 3. Paragraph 3 is denied. I do not recall the exact date or nature of any breach. Therefore I have sought clarity by way of a CPR 31.14 request sent to the Claimant by recorded delivery on 29/04/2017. The Claimant has yet to comply. 4. Paragraph 4 is denied. I am unaware of any legal assignment pursuant to s136 of the Law of Property Act 1925 nor do i recall ever receiving any Notice of Assignment from Aktiv Kapital around 29/02/2012 or from the Claimant on or around 31/12/2014, or at all. 5. Paragraph 5 is denied. The Claimant is denied from adding Section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I do not recollect the precise details of this agreement and have therefore sought clarity by way of a Section 78 request to the Claimant. As of this date the Claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance. 6. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 9. On the 25/04/2017 I made a legal request by way of a Section 78 request sent by recorded delivery to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. *
  5. Hi Thank you for your replies. The figures are not the same because I changed them when I first posted. I have added something about the interest. The assigned total was 5447.86 but the claimed total is 5829.62, plus court fee and legal costs making a total amount of 6339.62. ------ Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and MBNA Credit Card dated on or about 03/07/2002. In addition, the claimant claims statutory interest pursuant to Section 69 of the County Courts Act 1984. 2. And assigned to the claimant on 31\12\2014 in the sum of 5447.86. Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. The claimant is denied from adding Section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I do not recollect the precise details of this agreement and have therefore sought clarity by way of a Section 78 request to the claimant. As of this date the claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance. 2. Paragraph 2 is denied. I am unaware of any legal assignment pursuant to s136 of the Law of Property Act 1925 nor do i recall ever receiving any Notice of Assignment from the Claimant on or around 31/12/2014 or at all. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 5. On the 25/04/2017 I made a legal request by way of a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. *
  6. OK, so here goes... I am not sure about saying I dispute receiving the letters of assigment because I did find one of these in an old folder of cc statements. Defence . The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. . * Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and MBNA Credit Card dated on or about 03/07/200x 2. And assigned to the claimant on 31\12\2014 in the sum of 5000 Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over 5 years ago. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 5. On the 25/04/2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. *
  7. Not sure if SB applies so should I say unenforceable? Sorry don't have any other ideas. I have not received any paperwork from PRA yet.
  8. Hi Feel a bit stunned because I have paid on a defaulted debt, though admittedly not paid very much. I sent the two letters to PRA last week as suggested. There were no solicitors mentioned on the form, the only address was PRA. Also responded on MCOL.
  9. OK, feel a bit stunned by that. I probably should have realised that before. I will respond as advised and report back. Thank you.
  10. No, this account is not showing. There is no mention of PRA or MBNA on my Clearscore or Noddle reports.
  11. Many thanks for your replies. I have made payments on and off since 2009. There might be a year or so without payment but not much longer. I was hoping to offer a reduced payment to settle this but never got enough money together. I had another MBNA account that is probably unenforceable although I do still get letters about it (also PRA). That was originally Bank of Scotland but this account was with MBNA only.
  12. Hi Name of the Claimant ? PRA Group Ltd Date of issue – 03.04.17 Date of to acknowledge - 21.04.17 Date to File Defence - by 4pm 05.05.17 What is the claim for – 1.The claimant claims the sum of £5,000 for debt and interest. 2.On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX. 3.On X/X/09 the defendant defaulted on the agreement with an outstanding balance of £5000. 4. On X/X/13 the debt was assigned to Aktiv Kapital who itself assigned the debt to PRA Group on X/X/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. 5.Payments of £600 received up to X/X/14 AND THE CLAIMANT CLAIMS 1. The sum of £4800. 2. Stautory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from X/X/14 to X/X/17 1000 and thereafter at a daily rate of 1.05 until judgment or sooner payment. What is the value of the claim? £6300 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? Before. 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? PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, think so. Did you receive a Default Notice from the original creditor? Not sure but likely. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes probably. Why did you cease payments? Low income, family stress. What was the date of your last payment? Sometime in 2016. I set up a debt management plan to pay off debts, not successfully. 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 plan?? Yes. ..... Having looked through the threads here I can see that I am not unique in this regard. I know this debt is enforceable if PRA has the original agreement though I don't know if they do have this or not. I also realise that I have until Friday to respond to the claim. Any help is much appreciated.
×
×
  • Create New...