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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PRA Group claimform - old MBNA card 'debt'


melson
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Hi, I'm hoping someone can give me some advice.

 

I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month.

 

MBNA sold the debt to Aktiv Kapital who in turn sold it to PRA in 2014. I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account".

 

It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below"

 

The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done!

 

However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.

 

I know I have not missed any payments because my bank statements tell me so

I know they have been receiving them because they wrote and thanked me for my continued commitment 4 months after the date that they claim they received last payment.

 

To say I was shocked and confused to receive the claim form from the court is an understatement.

 

What's going on? and how to tackle this? Any help would be appreciated.

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so you have a county court claimform?

large A4 envelope from northants court?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Claimant: PRA

 

What is the value of the claim? £6620

 

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. Assigned to debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't recall

 

Did you receive a Default Notice from the original creditor? Can't remember but imagine so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?I didn't. I have maintained DMP

 

What was the date of your last payment? 1/3/2017

 

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 managementicon plan? Yes

 

Yes but it came from the county court business centre which is even more confusing as its a personal debt. Or do they all come out of the same centre?

 

Yes issued by Northampton CC business centre and yes have acknowledge

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twill come from them yes

 

 

this isn't your old charity card is it from years ago?

 

 

can we also have the particulars of claim please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No DX this is another and don't know why it's posted under the MKDP(?) as that's very old but will have an update on that later. I've provided details which you can find above . What other info do you need?

Edited by melson
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can we also have the particulars of claim please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs.

 

I know I have not missed any payments because my bank statements tell me so

I know they have been receiving them because they wrote and thanked me for my continued commitment 4 months after the date that they claim they received last payment.

 

To say I was shocked and confused to receive the claim form from the court is an understatement.

 

What's going on? "

 

You need to find out where your payments have gone for starters from 16/6/16 to to March 2017 ? and calculate a total as you will need this for your defence.

 

With regards to whats going on ....PRA do not want monthly payments on their investment..they need quick cash turn around......so any agreement pre assignemnt with Aktiv..you can forget.

 

Hence their offer of a discount.....monthly payments do not cover their investment.

 

MBNA wrote your debt off and reclaimed it as a loss when they assigned it to Aktiv.Aktiv bought the debt for possibly 10p in the £1....so you might wnat to calculate how much to have paid them also.

 

One thing to remember, with corporate accounting

 

Debts are an asset - but once the debt becomes unrecoverable it can be put on the books as a loss.Corporations are insured for certain losses - as normal operating procedure.

 

Once the alleged debt has been transferred from the assets ledger to the losses ledger it no longer exists as a recoverable asset because to do so would be fraudulent as it, the debt, has been recovered by insurance.

 

Corporations offset the cost of debt recovery insurance by selling/assigning collection of the debt to a third party.

We could do with some help from you.

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In that same letter they thanked me for continuing to make payments and if I wasn't able to accept the reduced settlement I am to continue with the current arrangement as normal.

 

 

So they accept that there is an arrangement in place and are happy for that to continue is how I would interpret it. Or am I being naive?

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can we also have the particulars of claim please

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

In that same letter they thanked me for continuing to make payments and if I wasn't able to accept the reduced settlement I am to continue with the current arrangement as normal.

 

 

So they accept that there is an arrangement in place and are happy for that to continue is how I would interpret it. Or am I being naive?

 

No your interpretation is correct...but if that was their intention ...why have they issued a court claim ?

 

And the answer is....... to convert your unsecured debt to a secured debt vis a CCJ and most probably a charging order against your property...job done...good investment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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