PRA Group claimform old MBNA card 'debt'

[Capricorn1601]

who are the solicitors? J&P or Chivers?

 

another quick question, as the devil is in the detail. Their witness statement refers to themselves as AK. But surely they are PRA Group now?

 

Only mention it as my claim (Same DCA) applied directly to the court to change it.

[johno23]

Yes PRA Group now.

 

Summary Judgement hearing

 

Solicitors are Chivers

[Capricorn1601]

Typical. Bastards. Chivers are on mine too.

 

I have my fingers crossed for you Johno. Give them hell as they deserve to be in it. In my case my account became SB on April of this year but they applied to the courts and held it back until the End of May. I have been fortunate to find a good solicitor to help me and am going for improper execution.

 

Caps

[johno23]

Thanks Caps

 

Where are you referring to as AK as I thought it was clear it referred to as PRA group

[Capricorn1601]

Both as one and the same. The original papers they raised (solicitors service) were in the name of Ak, but they applied to courts before serving in May to change mine to PRA. Didnt Ak change officially in Nov/Dec 2014 to PRA

 

PS hence my comment about the witness statement being in the wrong name. It should have been changed by PRA to PRA from AK.

[AndyOrch]

In court Weds, any final advice?

 

Memorise post #68:wink:....and stick to it.......and keep repeating it......to make sure you get your point across.

 

Best of luck

 

Andy

[dx100uk]

am going for improper execution.

 

Caps

 

 

why and why do you need a sols?

have they complied with your CCA request?

[Capricorn1601]

why and why do you need a sols?

have they complied with your CCA request?

 

Its high numbers similar to this case, and complicated. I have a CFA in place. Yes S77/78 complied with but not S61

 

Caps

 

 

Good luck for today

[panther12]

This is a SJ hearing johno so you only have to show that your defence does have merit with triable issues and therefore should proceed to trial proper and their SJ fail. Their argument that the oft guidance overrules statute is nonsense, and even more so if the complaint that they refer to is your cca request which they claim extended the SB clock.

[Guest]

remember the cpr rules posted #28. they have the onus to satisfy that, for you then to rebut their argument as has been posted.

 

good luck.

[johno23]

Andy

 

I have just found a letter from MBNA dated 6th March 2009 that MBNA do not hold my account in dispute.

 

See post 62

 

Kind regards

[shamrocker]

Johno - their 2nd WS references some email correspondence with you in May 2014 and thereby takes the position that the SB clock starts ticking again then. If this is put to you in court do you have a solid response?

 

Furthermore, what details have they exhibited within their WS with regards their claimed dispute with MBNA in June 2009?

 

These leeches will twist things in any way they can to try to fluster you and also sway the judge, so just be ready to bat them off and thus allow you to focus on your SB defence.

[johno23]

Yes that might be the sticking point I offered them a full & final settlement without prejudice a low amount to get my default removed.

 

I sent a reply as they were threatening legal action with illegible credit agreement.

 

I just said they needed to try and settle without the need of it going to court, but there was no address or account number on the email.

 

There was no evidence provided regarding there alleged dispute until July 2009.

 

If you need me to post my email let me know, it could quite easily of doctored it and took out without prejudice!

 

Kind regards

[ibberty bibberty]

5) After the Defendant made his final payment in February 2009, he raise a dispute on the account and MBNA had to deal with this dispute meaning they would have to place the account on hold. MBNA's case management notes suggest a final response to his dispute was sent to the Defendant in July 2009and following this a Default Notice was served in October 2009.

 

 

7) The cause of action arose when the creditor was able to take action against the Defendant and this was when the period for remedying the default specified in the Default Notice sent to the Defendant had expired. The claim is not statute barred , having been issued in May 2015, which is 5 years and 7 months since the service of the Default Notice in October 2009 and therefore within the 6 year limitation period.

 

 

Your oral counter-argument/submissions in Court at the SJ hearing against the above contentions of the creditor/claimant should be as follows:-

 

 

As admitted by the Claimant in para.5 of his witness statement, the last payment on the account made by me was in February 2009, as of March 2009, with no payment being made by me, I was in breach at that time of the credit agreement as to my obligation to make the monthly payments required thereunder, therefore, dispute or not, the Claimant’s personal knowledge of his cause of action complained of accrued and was known to him as of March 2009 and therefore the time clock on his cause of action began to run as of March 2009 and as of March 2015 the debt claimed under the credit agreement became statute barred. The Claimant has admitted in para.7 of his witness statement that he issued the claim in May 2015 and therefore he is out of time by two months to bring these proceedings to enforce the credit agreement and cannot proceed any further in contravention of the limitation period provided under s.5 of the Statute of Limitations Act 1980.

 

 

The Claimant’s cause of action accrued and was known to him as of March 2009 and this is the date material to these proceedings which prove his claim is statute barred.

 

 

Limitation Act 1980

Actions founded on simple contract

 

5Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

 

Did the Claimant ever send you a Demand for full payment of the debt, if so, what date is this? And, what does the October default notice say?

 

ibberty bibberty

[shamrocker]

Johno - how many emails did you send during that conversation on full & final?

 

It's a bit late in the day to start getting overly concerned about minor details but it definitely seems like something you need to prepare for, but sounds like it would be easy enough to bat off. Feel free to post up the email(s) if you wish.

[ibberty bibberty]

Did the Claimant (creditor) send any letters to you in March or April 2009 as regards your non-payment? If he did, then that will provide you with conclusive evidence for the Court at the SJ hearing that he did, in fact, know that his cause of action accrued at that time.

 

 

Any dispute at that time does not interfere with the limitation period, because any such dispute does not extinguish his knowledge as to the date his cause of action accrued.

 

 

ibberty bibberty

[shamrocker]

Also Johno - did you receive a statement of costs from the claimant's solicitors? If so, have they named the solicitor/counsel they're using for the SJ hearing?

[johno23]

The email says

 

It is not in either parties interest for this to move towards legal action, but that a compromise needs to be found in order to find a resolution.

 

Unfortunately I am unable to pay the amount you have previously stated and my last offer was rejected.

 

If the matter reached court and I was expected to pay an amount, I would be ensuring that the minimum monthly amount was paid.

 

However if you would like to compromise on a one of payment with the conditions highlighted in my last offer, I would need this to be significantly reduced, as I would have to consult with a third party in order to borrow money.

 

I would like a resolution and hope this can be realistically received.

 

What can my response be to this, have I shot myself, like I said no address or account number as reference I was not admitting the debt just wanted to offer an amount and the default be removed and as the account was in dispute with regards to an unreadable credit agreement

 

Thanks in advance, getting myself I a panic!

[johno23]

Hi

 

Yes statement of costs about 2.5k solicitors are Chivers

[shamrocker]

Is there not a part that refers to solicitor fee for attending the hearing? The name of the solicitor/barrister attending was named in both the statement of costs I've experienced. It might tell you a lot about how they're handling this SJ hearing.

[johno23]

Attendance on client £270

Attendance on opponents £216

Attendance on others £90

 

Solicitors costs £275.50

Other expenses £25.00

 

Is this what you mean

[ibberty bibberty]

As regards your ‘without prejudice’ offer in full and final settlement, if you have not waived your rights as to privilege and confidentiality, then that offer is inadmissible as evidence and cannot be relied upon by the Claimant to support his claim against you.

 

 

Can you please try and reply to this post and my other recent posts. Thank you.

 

 

ibberty bibberty

[johno23]

5) After the Defendant made his final payment in February 2009, he raise a dispute on the account and MBNA had to deal with this dispute meaning they would have to place the account on hold. MBNA's case management notes suggest a final response to his dispute was sent to the Defendant in July 2009and following this a Default Notice was served in October 2009.

 

 

7) The cause of action arose when the creditor was able to take action against the Defendant and this was when the period for remedying the default specified in the Default Notice sent to the Defendant had expired. The claim is not statute barred , having been issued in May 2015, which is 5 years and 7 months since the service of the Default Notice in October 2009 and therefore within the 6 year limitation period.

 

 

Your oral counter-argument/submissions in Court at the SJ hearing against the above contentions of the creditor/claimant should be as follows:-

 

 

As admitted by the Claimant in para.5 of his witness statement, the last payment on the account made by me was in February 2009, as of March 2009, with no payment being made by me, I was in breach at that time of the credit agreement as to my obligation to make the monthly payments required thereunder, therefore, dispute or not, the Claimant’s personal knowledge of his cause of action complained of accrued and was known to him as of March 2009 and therefore the time clock on his cause of action began to run as of March 2009 and as of March 2015 the debt claimed under the credit agreement became statute barred. The Claimant has admitted in para.7 of his witness statement that he issued the claim in May 2015 and therefore he is out of time by two months to bring these proceedings to enforce the credit agreement and cannot proceed any further in contravention of the limitation period provided under s.5 of the Statute of Limitations Act 1980.

 

 

The Claimant’s cause of action accrued and was known to him as of March 2009 and this is the date material to these proceedings which prove his claim is statute barred.

 

 

Limitation Act 1980

Actions founded on simple contract

 

5Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

 

Did the Claimant ever send you a Demand for full payment of the debt, if so, what date is this? And, what does the October default notice say?

 

ibberty bibberty

 

No demand for arrears in default notice, NOD was 9th October pay arrears by 26th October

[johno23]

Did the Claimant (creditor) send any letters to you in March or April 2009 as regards your non-payment? If he did, then that will provide you with conclusive evidence for the Court at the SJ hearing that he did, in fact, know that his cause of action accrued at that time.

 

 

Any dispute at that time does not interfere with the limitation period, because any such dispute does not extinguish his knowledge as to the date his cause of action accrued.

 

 

ibberty bibberty

 

I just have two statements Feb & March that says defaulted, I have included it in my witness statement

[johno23]

Did the Claimant (creditor) send any letters to you in March or April 2009 as regards your non-payment? If he did, then that will provide you with conclusive evidence for the Court at the SJ hearing that he did, in fact, know that his cause of action accrued at that time.

 

 

Any dispute at that time does not interfere with the limitation period, because any such dispute does not extinguish his knowledge as to the date his cause of action accrued.

 

 

ibberty bibberty

 

Just the statements that I received which are included in my witness statement in an earlier post