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torch1

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Everything posted by torch1

  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.
  12. Yes that's right they responded to my CCA in the past and sent me a copy of the last 2 years worth of statements only (2011 to 2012) for virgin/MBNA, not all years, and a generic online application copy. They also sent me recently a copy of a notice of assignment dated 2015 stating that my account was transferred to PRA. Note that the Particulars of Claim state that my account was assigned to Aktiv Kapital in 2012 (not 2015). I did not have any notice of that assignment. So how do I know that PRA actually legally own the debt from 2012? The concerns for my defence above are that: Should I still include this point below, give that they PRA provided a copy of a generic online application and 2 years (only) of MBNA statements? - or would there be a better defence for this 2.Paragraph 1 is noted. I have in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply. and is this defence point below valid given that they sent me notice of assignment to PRA group in 2015 but nothing regarding notice of assignment to Aktiv Kaptial in 2012 prior to that? Note that all assignments were requested in the PAP response. 4. Paragraph 3 is denied. I am not aware of any legal assignment to Aktiv Kapital Portfolio AS in 2012 or Notice of Assignment to Aktiv Kapital Portfolio AS in 2012 pursuant to the Law and Property Act 1925 Section 136(1).
  13. Happy new year all. Could you please check over my proposed defence? Note some dates hidden/replaced with *** Particulars of Claim (for reference only) 1. 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 ---------. 2. On (04/2012) the defendant defaulted on the agreement with an outstanding balance of £8000. 3. On 06/2012 the debt of £7900 was assigned to Aktiv Kapital Portfolio AS, 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. 4. Payments of £5200 were received up to (7/2017) and the claimant claims 1. The sum of £2700 Proposed Defence 1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies on Civil Procedure Rule 16.5 (3) in relation to any allegation to which a specific response has not been made. 2.Paragraph 1 is noted. I have in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply. 3. Paragraph 2 is denied. I do not recall the exact date or nature of any breach or service of a default notice pursuant to sec87(1) CCA1974. Therefore, I have sought clarity by way of a CPR 31.14 request sent signed for on **** and showed as received and signed for at the Claimant’s address on ****. The Claimant has yet to comply with my request. The Claimant in their non-compliance with my request has frustrated my attempts to clarify their claim and their non-compliance with pre-action protocol should be considered when the question of costs arises. 4. Paragraph 3 is denied. I am not aware of any legal assignment to Aktiv Kapital Portfolio AS in 2012 or Notice of Assignment to Aktiv Kapital Portfolio AS in 2012 pursuant to the Law and Property Act 1925 Section 136(1). 5. 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; and b) show how the Defendant’s alleged debt has reached the amount claimed for; and c) show evidence of any breach and service of a Default Notice sec87(1) and subsequent Notices of Sums in Arrears sec86© in accordance with the consumer credit Act 1974; and d) show how the Claimant has the legal right either under statute or equity to issue a claim. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant proves the allegation that the money is owed. 7. On the alternative, as the Claimant claims to be 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. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  14. 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?
  15. 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.
  16. 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.
  17. 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.
  18. Is there anyone that can advise on the validity of the uploaded application form and if it can be used for my defence
  19. 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
  20. FYI, PRA Group sent me a discount offer several months ago before receiving the PAP. Now they want the full amount in the CCJ plus costs.
  21. 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?
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