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torch1

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About torch1

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  1. I found this interesting point below from a legal case of PRA vs Mr Segal, where the defendant won a case against PRA Group based on the lack of a real default notice. The same seems to apply to the reconstituted default notice that PRA forged and sent to me recently in a poor attempt to claim that they own the debt that I have been mistakenly paying them for. I cant believe PRA get away with this behavior. How did the assignee reconstitute the default notice? PRA attempted to reconstitute a copy of the default notice sent by MBNA to Mr Segal in December 2012. Either PRA or MBNA did not do this properly. The default notice produced at court was on notepaper of ‘MBNA’. However the correct legal name of that entity in 2012 was ‘MBNA Europe Bank’. Further the stationary described MBNA as ‘regulated by the Financial Conduct Authority’ but the FCA did not come into existence until 1 April 2013. These avoidable errors raised suspicions in the judge’s mind that something was not right. It seems PRA did not learn from their mistake and sent me a similar badly forged default notice. Probably I should counter sue them for the thousands of pounds I have made to them in the past.
  2. Notice of transfer of proceeding letter received today saying that the small claims mediation team has arranged for my case to be transferred to my local court and that they have been unable to arrange mediation at this time and should await the judge's directions. Does that mean mediation will no longer be offered or that mediation will be done at the local court?
  3. FYI, the case has been transferred to my local court now, so I take it fees have been paid and PRA are proceeding as expected.
  4. Not sure what you want to know. I am working part time only due to illness and renting a room. Not in a good place financially. Reconstituted Default notice is dated 2011.
  5. how much would their hearing fee be? I could only offer PRA £1 per month for life due to low part time salary and no assets. What documents does the court request when making the judgment on payment amount? My family may be able to scrape together a F&F of an absolute maximum of 25% of the alleged debt to put this to bed. If so would that better now or at mediation given they don't want to pay the hearing fee.
  6. An update on this. N180s have been filed with the court, awaiting mediation. Not sure how long this usually takes to organise these days? In the meantime, PRA have sent me a reconstituted default notice. With what look like a super imposed MBNA logo header on the default notice text. The word reconstituted added on top. They also supplied a 2012 letter of assignment to Aktiv Kapital (also looks fake to me) but the court might recognize it. PRA have asked me to fill in a financial statement and make an affordable offer of repayment in the next 14 days otherwise they will continue to follow the court's directions.
  7. I CCA'd Wescot over a year ago but not Lowell. Should I send a new CCA request to Lowell?
  8. 60% discount offer received from Lowell today regarding post 2007 HSPF loan - previously with Wescot.
  9. FYI, PRA have written stating they have received my defence and written to the court stating they intend to proceed with the claim. No dates yet.
  10. Is it best to submit my defence now ASAP or wait nearer to the 18th Jan to give PRA time to see if they respond to my CPR 31.14?
  11. That's great, thank you Andy. Should I challenge the agreement in any way or leave the defence as is and only use the missing tick box and section 4 if it gets to the judge in the local country court as part of witness statements etc.
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