Just need a quick bit of input from Andyorch, when you have time Andy.
It's been a couple of months since I've been on here - just been too busy to look in.
Anyway, unfortunately one of my old post-2007 credit card debts has raised its ugly head in the meantime. I knew it was looming as PRA had resumed activity a few months ago, then their mates J&P sent an LBA a month back. I was hoping to intervene before they could issue the claim but I'd been away and they didn't hang about. Claim form duly received!
I've done the acknowledgement and now just need to enter a defence. I haven't sent off the usual CPR or CCA requests as PRA had already sent the online agreement and I have no intention of going to court on this. I just want to buy some time and eventually try to negotiate something.
I'd be very grateful if you could run your eye over the defence below.
Particulars of claim:
The claimant claims the sum of £8xxx.xx for debt and interest.
1. On xx/xx/2008 the defendant entered into an agreement with MBNA Europe Ltd for a credit card under reference 1234567890123456.
2. On xx/xx/2013 the defendant defaulted on the agreement with an outstanding balance of £6,xxx.xx.
3. On xx/xx/2013 the debt of £6,xxx.xx was assigned to Aktiv Kapital Portfolio AS Zug Branch, who itself, assigned the debt to PRA Group (UK) Ltd on xx/xx/2014.Notices of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925.
And the claimant claims:
1. The sum of £6,xxx.xx
2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from xx/xx/13 to xx/xx/16 £1,xxx.xx, and thereafter at a daily rate of £1.xx until judgement or sooner payment.
1 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.
2. Paragraph 1 is noted. I have, in the past, had an agreement with MBNA Europe Bank Ltd but I do not recognise this specific account number.
4. Paragraph 2 is denied. I have not been served with a valid Default Notice pursuant to the Consumer Credit Act 1974.
3. Paragraph 3 is denied. I am not aware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)
4. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:
a) show how the Defendant has entered into an agreement and;
b) show how the Defendant has reached the amount claimed for and;
c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974
d) show how the Claimant has the legal right, either under statute or equity to issue a claim
5. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed
6. On the alternative, as 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
7. 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.
Is the above ok to submit? Do you have any further comments to add.