PRA Judge & Priestley Claim Form MBNA

[AndyOrch]

Defence is due 29th June (Monday)....a defence can be submitted through MCOL or by email/post.

 

Regards

 

Andy

[mahul04]

i have edited all the piticulars on the original apllication form and have enlarged all the small print on it .. it was signed back in 2002 .. please can somebody tell me if this is a valid agreement and how shall i submit my defence i have about 5 days to do so

getting really frantic .

[Guest]

that looks like an all in one 'application form' with the 'prescribed terms' and signed, is that correct? if so, maybe ok. am not the best re such agreements though. wait for further input.

 

as mentioned before, is 33 days from date of issue on the claim form, provided acknowledged within 14.

[mahul04]

i have edited all the piticulars on the original apllication form and have enlarged all the small print on it .. it was signed back in 2002 .. please can somebody tell me if this is a valid agreement and how shall i submit my defence i have about 5 days to do so

getting really frantic .

 

this is the link thamks mate

[Guest]

from what you posted,

28th may was the issue date? so, 33 days from then as per post #31

is over the small claims limit, so they should respond to your 31.14.

beware of costs as is over the small claims, unless it can be put down.

'agreement' seems ok to me, but as said am not the best re such. see what others say.

was the default notice fully compliant?

double check the assignments, and when the last payment was made.

3 yrs worth of stat interest interest shld be challenged if judgment against, usually 1 yrs worth is seen as reasonable.

[mahul04]

how can i see if the default notice was fully compliant .. they havent responded to the 31.14 as yet even though its been more than seven days .. i posted there reply earlier . they said they are getting intouch with mbna ..

[Capricorn1601]

looking at the cca, it is incomplete. The front refers to section11 which doesnt appear. The reverse also refers to clauses not contained in the document but another document. I would say inproper execution is the way to go.

[Guest]

how can i see if the default notice was fully compliant .. they havent responded to the 31.14 as yet even though its been more than seven days .. i posted there reply earlier . they said they are getting intouch with MBNA

..

 

 

default notice regs

http://www.johnpughschambers.co.uk/Consumer%20Credit%20%28Enforcement,%20Default%20and%20Termination%20Notices%29%20Regulations%201983.pdf

 

if they dont respond to your 31.14, all the more important as no small claims excuse for not responding.

[jackreacher]

In my opinion it does not comply as there is not a full set of the terms and conditions. Therefore you could argue you did not sign up to any default fees etc. You only signed for what is shown in points 1 & 2 of the FRC T&C's provided .

 

The FRC makes it clear near the beginning that there are other terms and conditions enclosed but how could there be as this was just a fold over and send back. It also refers in point 1.4(b) to conditions 3.5 and 3.6 but they are not present. That may be proof of many things but is definite proof they have not complied with your CCa request.

 

Further a copy of all the prescribed terms and conditions were not left with you when you signed that agreement and sent it back.. S62 of the CCa has not been complied with.

 

You also need to check the interest rate against your statements in 2002 to see if they match as they are only allowed a small tolerance of difference.

 

My own opinion is that the conditions provided are not what were really on the back. Would they really refer to something that was not in that leaflet? Do try and check everything!!

 

 

see what others say

[Guest]

check the def notice if you have one.

though, from recent cases, it wld need to be more than minimally deficient. depends on the judge.

from the guys input, seems then that 'application' may not be enforceable?

also, whether all those assignments are valid, did you receive all of the required notices?

[mahul04]

do you guys think i have enough here for a defence ?? i cannot find any paperwork from 2002 or for the default notice ...

[mahul04]

Should I include copies of the cpr3114 and original cca request with my defence letter. ? Not sure what to do

[AndyOrch]

Time to look here....its obvious from your questions mahul that you have yet to view the forum.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy

[mahul04]

I have viewed this but still a bit lost

[AndyOrch]

You don't include anything with your defence (post or online).....you cant if you are submitting on MCOL.

[mahul04]

Getting together my defence do you think I should mention the cpr3114 and the lack of disclosure in the 7 day time ?

[Guest]

see the link andy posted there, types of defences etc, you'll see that it is sometimes briefly mentioned if not responded to in time of defence. but is not the defence as such. your defence needs to be particular to the claim against you/your circumstances.

post up your draft if you want for any input.

[mahul04]

I sent a CCA request in 2009 .. do I send it to the pra group or is it to late? ?

[Guest]

I sent a CCA request in 2009 .. do I send it to the pra group or is it to late? ?

 

you said before (post #21) that you had already sent a cca request to the current claimant?

[mahul04]

this is my defence i have prepared .. please give me your options on this before my deadline of sending which is on Friday

i will also check tomorrow what document i sent to dc .. it diffidently wasn't a cca request ,, am i stuffed???

 

 

 

 

 

 

 

I have received the claim from Northampton county court on 28th may 2015

1. Each and every allegation is denied unless specifically admitted in this defence the claim is for a credit card agreement regulated under the consumer credit act 1974

2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

3. The particulars of claim fail to state when the agreement was entered

4. The Claimants statement of case states that the account was assigned from MBNA to PRA group. The Defendant does not recall receiving notice of this assignment.

5. It is denied that [MBNA] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

6. On the [6th June 2015] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [judge and Priestley]. I requested the Claimant provide copies of the agreement.

7. judge and Priestley has not sent any of these documents to me.

8. On the [April 2009] I sent a formal request for a copy of the original agreement to MBNA pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

10. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

11. It is denied that the Claimant is entitled to the relief as claimed or at all.

12. In respect of matters, which the Defendant is able to plead to, on the April 2009 the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

13. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant.

14. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

15. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

16. The Defendant has also sent a request for inspection of documents on the 13th July to Lowell Portfolio mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.

17. The Defendant has refused the claimant an extension of time for filing a defence and suggests that the Claimant use her own records. The Claimant has not kept any financial records from 2005.

18. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

19. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

[Guest]

needs tweaking imo.

so, the cca request you sent was to mbna and not the current claimant?

 

 

can still send one to current claimant.

 

is/was Lowell involved,

 

 

you say you sent a 31.14 to them in july 14?

 

 

or is that to be edited?

[dx100uk]

I wouldn;t be filing that defence

 

 

go read this thread

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?435192-MBNA-debt-Akitv-Kapital-(via-Varde-Experto)***-Claim-Struck-Out***

[mahul04]

needs tweaking imo.

so, the cca request you sent was to mbna and not the current claimant?

 

 

can still send one to current claimant.

 

is/was Lowell involved,

 

 

you say you sent a 31.14 to them in july 14?

 

 

or is that to be edited?

Thanks for the edits .. lowell was not involved. . I will send the cca today to pra grogroup

other than that is it good enough to submit or are there any other things u think I should mentio. Such as the mistake mentioned picked up in the earlier thread

. .tomorrow is my last day to post my defence ..

[Guest]

as dx mentioned above, your defence needs to be revised more.

 

have a read of the links posted by dx and andy

[mahul04]

I have received the claim ,,,,,,,, from Northampton county court on 28th may 2015

1. Each and every allegation is denied unless specifically admitted in this defence the claim is for a credit card agreement regulated under the consumer credit act 1974

2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

3. The particulars of claim fail to state when the agreement was entered

4. The Claimants statement of case states that the account was assigned from MBNA to PRA group. The Defendant does not recall receiving notice of this assignment.

5. It is denied that [MBNA] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

6. On the [6th June 2015] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [judge and Priestley]. I requested the Claimant provide copies of the agreement.

7. judge and Priestley has not sent any of these documents to me.

8. On the [April 2009] I sent a formal request for a copy of the original agreement to MBNA pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. Once again was sent to the claimants on the 26 June

9. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

10. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

11. The agreement is improperly executed so therefore unenforceable some examples are FRC makes it clear near the beginning that there are conditions enclosed. How can there be as this was just a fold over and send back. It also on point1.4 (b) to condition 3.5 and 3.6 but they are not present. My CCA request requires a copy of all the prescribed terms and conditions which will not give to me when the original agreement was signed and sent back. Section 62 of the CCA agreement has not complied with.

 

12. It is denied that the Claimant is entitled to the relief as claimed or at all.

13. In respect of matters, which the Defendant is able to plead to, on the April 2009 the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

14. The Claimant has failed to reply and has not disclosed any documents relatin g to their claim to the Defendant.

15. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

16. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

17. The Defendant has also sent a request for inspection of documents on the 13th July to Lowell Portfolio mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.

18. The Defendant has refused the claimant an extension of time for filing a defence and suggests that the Claimant use her own records. The Claimant has not kept any financial records from 2005.

19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

 

 

 

STATEMENT OF TRUTH

 

The defendant believes that the facts stated in hid defence are true