PRA Group/judge&Priestley claimform - £10K MBNA Card Debt

[Jayne Brand]

Hi all,

 

I think I'm in quite a bit of hot water with this attack from PRA Group

 

I've following the advice from other contributors in here & been through all the necessary communication with this DCA's solicitors

& although very late in the day they have provided all that the court ordered them to evidence proof of debt, correct legal assignment etc.

 

I was wondering if anybody would be willing to cast an eye over the evidence provided

& comment on whether it is all in order or if there is perhaps any legal grounds

to which I can defend myself in this claim based on any paperwork/contractual errors.

 

The PDF links to the evidence provided by the claimant are attached.

 

Any help would be greatly appreciated.

 

Thanks,

 

Mark

Edited December 15, 2015 by Jayne Brand

[AndyOrch]

Thread moved to the appropriate forum...Financial Legal Issues

 

Welcome to CAG Jayne Brand .

 

Regards

 

Andy

[dx100uk]

So we have all the relevant info

Can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

Dx

[dx100uk]

attachments unapproved

 

 

you've left your name in lots of documents

and some of the scans are too blurred

pop everything into ONE word doc

then PDF that [file save as .pdf]

[dx100uk]

having looked at all the docs

 

sadly I don't think you stand a chance

might be best to offer a tomlin/consent order.

 

see what andyorch thinks

but I cant see anything wrong with

the balance

nor the CCA return

 

as this was an online sign up

it even states your IP address too.

 

dx

[Jayne Brand]

Hi Dx,

 

I'm filling in your questionnaire now & will whiz it back to you shortly.

 

The blurred copies in the PDF are as they have arrived from the claimants

solicitors, I was thinking the same myself, if it's not possible to read the text

then how is it possible to defend it.

 

I don't know if putting things into Word will word because I scanned all this

is directly to PDF from my printer - but I'll try it & see what happens.

 

Thanks,

 

Mark

[Jayne Brand]

Thank you Andy...

[dx100uk]

Hi Dx,

 

I'm filling in your questionnaire now & will whiz it back to you shortly.

 

The blurred copies in the PDF are as they have arrived from the claimants

solicitors, I was thinking the same myself, if it's not possible to read the text

then how is it possible to defend it.

 

I don't know if putting things into Word will word because I scanned all this

is directly to PDF from my printer - but I'll try it & see what happens.

 

Thanks,

 

Mark

 

leave it as it then

i'll go thru the docs tonight and redact them if andy thinks its worth it.

 

even though some of it is blurred

theres a wealth of other stuff that I think the judge could not possibly ignore.

 

you could try a higher resolution scan for JUST the blurred stuff.

 

dx

[Jayne Brand]

Name of the Claimant ? PRA Group

Date of issue – . 6/7/15

What is the claim for –

 

1.The claimant claims the sum of £11,433.52 for debt + interest.

On 02/03/2012 the defendant entered into an agreement with MBNA Europe Bank Ltd for a credit card under ref xxxxx.

On 31/07/2103 the defendant defaulted on the agreement with an outstanding balance of £10,013.52.

On 24/09/2013 the debt of £10,013.52 was assigned to Aktiv Capital Portfolio AS Zug Branch,

who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014.

Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925

1. AND THE CLAIMANT CLAIMS

1. The Sum of £10,,013.52

2. Statutory interest pursuant to Section 69 of the Conty Courts Act 1984 at a rate of 8.00% per annum from 24/9/2013 to

3/7/2015. £1,4120 and thereafter at a daily rate of £2,19 until judgement or sooner payment.

 

What is the value of the claim? £11,433.52

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? After 2007

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 DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

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

Why did you cease payments? I lost my job.

What was the date of your last payment? 19/11/2012

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? No

[dx100uk]

so the only hope I can see

is the issue of the notices of assignment and the default notice.

 

 

not sure what was in that massive upload you did but we as site team can see it

so p'haps andy might pass judgement when he gets time.

 

 

dx

[dx100uk]

all 57 pages redacted and back up in post 1 here

 

 

dx

[Jayne Brand]

Thanks very much DX...

 

What I'll do then is pull out the NoA & the Default Notices as a separate attachment

in a new reply.

 

Regards,

 

Mark

[AndyOrch]

Have you prepared/submitted your standard disclosure and witness statement yet Mark?

[Jayne Brand]

Hi DX,

 

Here are the pages with the Notice of Assignment & Notice of Default letters.

 

Neither of which were received at my address, the address being used not

being fully correct as it happens on all correspondence.

 

I have been ordered to produce my evidence & a witness statement by this

Friday so iif any errors do exist it would be very helpful to know.

 

Thank you very much for your advice so far, I do appreciate it & will make

another donation at the end of the week to reflect my gratitude.

 

Regards,

 

Mark

[panther12]

Just a heads-up but the PDF attachment reveals all your personal info underneath the blanked out sections if you drag it to one side.

[dx100uk]

removed

no need for them

they are in the attachment of post 1 already

[Jayne Brand]

Hi Andy,

 

No I haven't done anything yet....

 

I had spent most of my time contesting the point that the claimant had not provided any evidence in my initial defence

& paid for a hearing to strike out the claim but vacated the hearing as the evidence appeared shortly after.

 

So I'm not sure what grounds I am defending on now

I have made an offer to settle which was rejected so didn't expect things to go this far to be honest.

 

Should I stick with my original defence

that the issue is premature & as the evidence was produced late that litigation could & should have been avoided etc?

 

Regards,

 

Mark

[AndyOrch]

What dates do you have time line wise...what dates are on your Notice of Allocation for Directions ?

 

Can you post the defence you submitted here.

 

Regards

 

Andy

[Jayne Brand]

Hi Andy,

 

Defence is attached,

 

Timelline is:

 

a) By 18th December 2015 - both sides to provide documents & witness statements.

 

b) By 8th January 2015 - both sides to send a further signed statement commenting

on the other party's evidence.

 

The trial date has also been set for 9th March 2016.

 

Regards,

 

Mark

[AndyOrch]

Thanks Mark

 

 

Well your defence is one of mine up to point 10...not sure why 10/11 were added......nether the less i digress...so you have the claimants witness statement in your uploads...now you are required to draft yours in response and in support of the defence you submitted...you may have to reevaluate your response in view of what they have disclosed.There should be no need to submit a further WS 8th January 2015...as your witness statement above will cover both.

 

Your disclosure will be simple as a defendant...copies of your CPR/CCA and responses and anything which you refer to and rely on within your witness statement.

 

Regards

 

Andy

[Jayne Brand]

Hi Andy,

 

Thank you very much for the clarity, I have noticed that in the claimant's statement they have not provided me

with the letter of assignment between the creditor & the DCA.

 

Is it reasonable for me put in my defence that the claimant has not provided any proof of assignment, by the

creditor. Yes, they are showing they sent a NoA to me but no tangible evidence that the debt has indeed been

assigned to them.

 

Please advise...

 

Regards,

 

Mark

[AndyOrch]

To be honest I have not looked in detail at the paperwork or details of the claim/defence.....was there a problem with the legibility of the documents?

[Jayne Brand]

Yes the illegible document is the reconstituted agreement between myself & MBNA, everything else is legible...

 

I can scan in the most recent witness statement I received yesterday if that makes things easier.

[AndyOrch]

A further witness statement ? yes please redact any identifiable data first.

[Jayne Brand]

Hi Andy,

 

Here is the redacted witness statement, the illegible pages are pages 6 & 7 of the statement.

 

Regards,

 

Mark

Edited December 17, 2015 by dx100uk
14M file reduced to leass than 1Mb - dx