PRA/? claimform - old MBNA Virgin Card

skywalker1010 · April 30, 2016

Okay here goes...

What they wrote on the Claim Form

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1.The Claimant claims sum of XXXXX for debt and interest.

On 12/9/08 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXXXXX.

2.On 30/4/13 the defendant defaulted on the agreement with an outstanding balance of XXXX.

3.On 21/6/13 the debt of XXXXX assigned to Aktiv Kapital Portfolio AS, Oslo Zug Branch, who itself assigned the debt to PRA Group (UK) on 31/12/14.

Notices of assignment were sent to the defendant in accordances with S136 Law of Property Act 1925.

4. AND THE CLAIMANT CLAIMS

1. The sum of XXXXX

2. Statutory interest pursuant to Section 69 of The County Courts Act 1984 at a rate of 8.00% per annum from 21/6/13 to 15/4/16 XXXXX and thereafter at a a daily rate of 3.01 until judgement or sooner payment.

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My response to above to be uploaded to MCOL if all good

1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

5. Paragraph 4 is denied. Section 69 interest is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £XXXX plus court fee and costs.

6. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Thanks all

Sky

Edited April 30, 2016 by skywalker1010
take out numbers

skywalker1010 · April 30, 2016

Andy, Sorry I did not see your reply before adding my post as suggested by DX with numbers in. Edited to take out references now

S

AndyOrch · April 30, 2016

Particulars of Claim

1.The Claimant claims sum of 16961.01 for debt and interest.

On 12/9/08 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXXXXX.

2.On 30/4/13 the defendant defaulted on the agreement with an outstanding balance of 13760.15.

3.On 21/6/13 the debt of 13760.15 assigned to Aktiv Kapital Portfolio AS, Oslo Zug Branch, who itself assigned the debt to PRA Group (UK) on 31/12/14.

Notices of assignment were sent to the defendant in accordances with S136 Law of Property Act 1925.

4. AND THE CLAIMANT CLAIMS

1. The sum of 13760.15

2. Statutory interest pursuant to Section 69 of The County Courts Act 1984 at a rate of 8.00% per annum from 21/6/13 to 15/4/16 3100.86 and thereafter at a a daily rate of 3.01 until judgement or sooner payment.

Defence

1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have had financial dealings with MBNA in the past but I do not recall any alleged balances outstanding with particularity.

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

5. Paragraph 1 & 4 (2) are denied. Section 69 interest is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate an alleged debt. Any alleged debt remains at £13760.50 plus court fee and costs until a Court deems otherwise.