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Found 6 results

  1. Issue Date: 21/02/2017 Claimant: PRA Group Solicitor: Surjit Gida (Legal Rep) Original Creditor: MBNA Particulars of Claim: 1.On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx. 2.On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76. 3.On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014. Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925. 4.Payments of 54.00 received up to 13/09/2016. 5.The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63 Daily rate of 1.50 until judgment or sooner payment. The Claimant claims the sum of 7078.00 for debt and interest. Is the debt Statute Barred: No Info: My mother over the phone registered for a credit card, there was no signing of an agreement. In 2009 her husband, my father developed cancer while working abroad. He carried two thirds of their house hold income. Finances grew increasingly as time went on. I assist as much as possible. All other banks when informed of the situation froze their accounts and worked on a solution. MBNA differed and instead raised interest rates. In May 2010 She defaulted once again. On 04/06/2010 MBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter). On the 30th My father died at home with my mother, she had no ability to pay. On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of MBNA including the outstanding balance. Thus the legal owner of the account. Under the terms of this assignment Experto Credite had been appointed to recover any and all debt. (I have this letter). She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy), apologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by MBNA. Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account. At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail. This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying. On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76. They have stated they have been advised of a payment arrangement set up with Experto Credite. And although they own the account, "you should still continue to make your payments to Experto Credite" "Experto Credite will advise us of all the payments you make so we can keep your account up to date" (I have this letter) On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010), paid £13... (£1 every month from since agreement) and the current balance is £6892.76. She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again (I have several examples of offers). She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA. Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76. On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK). Then saying they have been assigned the account from Aktiv Kapital. "You do not need to do anything as a result of this change. We will continue to accept payments in the name of Aktiv Kapital, So no changes of payment are needed". (I have this letter) On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed. Also saying "Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter). Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying. On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script. On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings. She calls them up and informs them of the agreement to which they say they haven't been sent payment.... She checks every month without fault and her last payments at the end of the year show payments go through... . She argues and yes calls them a liar. don't say why or give a reason for not getting payment. On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00... . So she goes back to her last statement and sees payments are being made, to the agreed. Her statements come after the 9th of every month and is actually stated on her statements... . So she couldn't check her Dec-Jan Statement. She goes with the premise that as usual they are calling to force a new agreement or get something. She gets one more letter from PRA stating again its with the Investigations Department... . Then on the21 /02/2017 she is sent a County Court Claim Form. She still only has her house to her name and zero finance ability. So she contacts me and I look into what I can but I am no lawyer... I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???! Being informed its under a investigation and litigation department.... expert credite website shows their liquidation info. This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation.. . Or that they weren't paying. .. To investigate this third party who was being paid.. .. The totals from the statements also don't match up to the statement in the claim.. .. 54 is not correct that's even less. She has only missed 1 payment because it was refunded; she wasn't informed at all of anything. This can't be fair or legal. And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change..... I am lost in how to put a defence down, as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it. any help, identifying legislation, OFT guideline, code of practice or just how to act would be appreciated. I am getting in touch with a financial Ombudsman, Citizen Advice, then gaining statements for every single month to prove payments if it matters, I have copies of all these letters. But pretty sure in a defence you can only have like 200 characters??. And defence on what grounds.... I am truly thankful for any and all help, Wayne
  2. Here goes... I've been trying to find similar cases to my own, but have ended up confusing myself with masses of helpful advice - somebody please help. I have a Virgin MBNA card with a total debt of around £17K. I have stopped paying anything to them after the interest rate went through the roof, and I have been unable. I sent a CCA (with a postal order) on 10th May and when they phoned on 21st May I thought it was about that. It wasn't, just general hassle, so I copied the MBNA operative my letter (email) and waited. I waited until 8th July, at which point I spoke to another unsolicited MBNA caller and established that I should have sent my request to the "Customer Advocates Office", not the general MBNA Chester address. I sent another copy of my original letter (but no additional postal order). As I was typing a covering letter I took another MBNA call from a chap who began talking legalese. He asked me if I was handling this dispute myself or with help from CAG, and stated that even when the received my CCA request they needn't send me anything useful. He also referred me to the BBC website where a couple had been successful in their claim, but had been hit with an equivalent amount (£100K) in legal costs. He also said that they had done a credit check and seen that we are paying other debts (another credit card with a balance of about £1800, a £10K unsecured loan and a £250K mortgage). He said that as we were giving preference to other creditors he had done a check on the value of our property and that as there is some equity he would have a "charge" put on it to recover the debt. He added that MBNA had been successful in 90% of the cases that had gone to court. Having read other posts I like to think that this is threatening bluff, but Mrs Spoon is worried. Today the reponse to my CCA arrived - a 2 sided A4 sheet with a copy of a signature box on one side, and on the other a boxed bit of small print with "diamond" mark in the top left and some interest rates on the right. I'll wrestle with attaching copies if necessary, but it is nothing that will tell me if the agreement is properly executed. The date of the "agreement" is early 2005. Here is the twist to my case (I think). In a moment of money-worry induced madness my wife applied for the card on my behalf, and signed the document. Whilst I'm sure we spent the money, I'm wondering what I can hope to achieve by following this up. If we go down the route that my wife forged my signature are we going to get done for fraud? We have had a "kind" letter offering us reduced payments or the writing off of a proportion of the debt. What should I/we do next? Please help.
  3. MBNA have confirmed to me that they only have page 1 of my application form from 1993. They have nothing else relating to my application. They quote the Carey case and say that not having all the paperwork is not an issue and that I must continue to pay. I do not want a bad mark on my file but surely I can reclaim all the charges and interest and ask them to stop all interest and charges from this point on? What is my best course of action? thank you.
  4. I am posting on behalf of a friend who suffers severe depression and cannot cope with this issue. I am very behind on things and can't remember the best course of action so would be grateful for advice. Friend has a CCJ form from MBNA/Varde/H L Legal at Northampton. The date of issue was 30th November 2012 - my friend was a little in denial so only spoke to me last night. We believe that this MBNA credit card should be subject to a PPI claim - again my friend has not got onto this - and I remember the rubbish advice I got from CAB, not CAG, when I got a CCJ and spent years fighting to get it removed even though it was paid! So, can you please advise me how my friend must now proceed and how long do they have to reply? I have some but not all paperwork here and have no idea if they got a notice of assignment from MBNA. Sorry this is scrappy but all positive advice greatfully received.
  5. Hi, I hope someone can help, I went bankrupt in May 2010, included in this was £3000 to a Virgin (MBNA) credit card, I was discharged in May 2011, after looking at my credit report today I noticed I have a CCJ in March 2012, I contacted the courts and they told me it was from Varde Investments who bought the debt from MBNA. What I want to know is how to get this CCJ removed, I know I can apply to the courts to have it removed and pay £80 but then I guess Varde could just reapply the CCJ and I'd be back to square one, How do I get it removed? Any help would be much appreciated
  6. Hi all, I could do with a bit of help/advise. Nearly 4 years ago, my wife and I bought a house. Ever since we moved in, we have been inundated with letters from various debt collection agencies, all addressed to the previous owner. We have sent all back and explained the situation to visitors etc. Recently whilst on holiday, we received two cards through our door from a company call "Proteus Dispatch". I thought it was suspicious and managed to find out from this site, that it was in fact a company called Varde Investments (some kind of debt collector?). We tried calling the mobile number on the cards, but could not get through to either. A fortnight ago, we had another visit from Proteus. Luckily this time I was home. I explained to the gentleman the situation and even offered him some ID. He said that our address would be removed from their records. Today, we had ANOTHER visit from Proteus. This time, my wife phoned the number on the card. The man on the other end of the phone was very rude and said that he had spoken to our neighbours, who had told him that we were the people he was looking for. I later phoned him and he told me the same thing. I suggested that he contacted the Land registry and also checked the electoral roll. I have been trying to find a contact number or address for Varde or Proteus so i could complain, but have not had any luck. Does anyone know how to contact these people, or do you think my complaints might fall on death ears?
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