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Hi,

 

We have a credit card debt with MBNA taken out in 2008 which defaulted in 2013.

 

 

It is showing on CRA as 'satisfied' with MBNA,

but then appeared as Aktiv Captial, who chased through 2013 - 2015.

The debt is now with PRS Group and we have had a letter asking for payment or Court Action will ensue.

 

If the debt is showing 'satisfied'

can PRS still push for payment,

or is this 'satisfied' because the debt has been bought?

 

We wrote to Aktive in 2013 asking for CCA,

they sent us photocopied version,

scribbled numbers over and no sig.

 

Do we just ignore PRS?

 

We have had one succesfully thrown out case with another card company

who folded at Court, can we do the same again?

 

Thanks

 

skywalker

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Hi,

 

We have a credit card debt with MBNA taken out in 2008 which defaulted in 2013.

 

It is showing on CRA as 'satisfied' with MBNA,

but then appeared as Aktiv Captial, who chased through 2013 - 2015.

The debt is now with PRS Group and we have had a letter asking for payment or Court Action will ensue.

 

If the debt is showing 'satisfied'

can PRS still push for payment,

or is this 'satisfied' because the debt has been bought? - correct!

We wrote to Aktive in 2013 asking for CCA,

they sent us photocopied version,

scribbled numbers over and no sig.

 

Do we just ignore PRS?

 

We have had one succesfully thrown out case with another card company

who folded at Court, can we do the same again?

 

Thanks

 

skywalker

 

 

 

 

can you scan up the CCA return?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Happy St Georges Day, hopefully some Knights or Knightettes will help me slay this particularly nasty Dragon ;-)

 

We have just been issued a Northampton CCJ by PRA Group on a Credit Card debt, originally with Virgin, taken over by MBNA. Taken out in Aug 2008 with Virgin, then changed to MBNA and defaulted April 2013.

 

Sold to Aktiv Kapital June 2013 who assigned to PRA (yes I know they are the same beast)

 

PRA have now raised CCJ and they are claiming statutory interest on top under Section 69 of 8% from June 2013 to April 2016 'until Judgement or sooner payment'

 

They have Court Fees and Legal rep costs also, particularly nasty!

 

With the help of the forum we have already culled another debt completely with Nationwide.

 

PRA have corresponded before with a very bad photocopy of the agreement, with agreement details written on it in biro. We have not sent any SRA yet.

 

Can anyone advise as to our next steps please and can they ask for this 8% to be added before any hearing?

 

Thanks

 

S

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Hi,

 

I've moved this thread to the General Legal Issues forum, hopefully you'll get some advice.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Thanks Maroon, don't know why I posted in there originally ;-(

 

Hopefully Andyorch or others will chime in. I need to get something off today in the post. Don't know if to send defence to Northampton MCO or send for SRA to MBNA, although it was an original Virgin card.

 

Thanks

 

S

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Lets move you to the correct forum for starters....Financial Legal Issues:-)


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Thanks Andy,

 

I had a photocopy of CCA sent by Aktiv after an original request to MBNA when they took over, am trying to scan and put up here.

 

S

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If you would read the following link first and post your responses her...flesh the bones so we can advise accordingly.

 

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


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If you could complete the link please skywalker


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Sorry Andy, posted before your last comment, here are the details:

 

Name of the Claimant ? PRA GROUP

 

Date of issue – 18TH APR

Date to submit defence = by 4pm Friday 20th revise date -dx

What is the claim for –

 

1.The Claimant claims sum of XXXX* for debt and interest.

On Aug 2008* the defendant entered into an agreement with MBNA for a credit card ref 0000000*.

On Apr 2013* the debt of XXX* assigned to Aktiv Kapital was assigned to PRA Group on Dec 2014.

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

 

2.AND THE CLAIMANT CLAIMS

1. The sum of XXX*

2. Statutory interest pursuant to Saction69 of The County Courts Act 1984 at a rate of 8% per annum

from June 2013 to Apr 2016 (over 3K*)

and thereafter at a a daily rate of 3.01 until judgement or sooner payment.

 

What is the value of the claim? 17500 includes costs

 

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 in 2008

 

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. PRA GROUP

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

Did you receive a Default Notice from the original creditor? YES

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

Why did you cease payments? END OF 2012

 

What was the date of your last payment? NOV 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? YES

 

Hope this helps, all specifics have been taken out *

 

S

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Considerable claim then....Sky could you just clarify if they have claimed section 69 interest within the claim or has it been kept separate ?


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Considerable claim then....Sky could you just clarify if they have claimed section 69 interest within the claim or has it been kept separate ?

 

Hi Andy,

 

Yes the claim for interest is added to the whole amount pursued, which I thought you could not do.

 

£4000 has been added in interest and costs before anything is placed in Court

 

Thanks

 

S

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I think we should lodge a counterclaim/defence of all the figure with an N9B?

 

S

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See post #32 of the following thread...this defence covers a claim that included section 69 within its claim

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462608-HPH2-ltd-claimform-old-Barclaycard-debt/page2&highlight=section+69


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See post #32 of the following thread...this defence covers a claim that included section 69 within its claim

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462608-HPH2-ltd-claimform-old-Barclaycard-debt/page2&highlight=section+69

 

Andy are you saying we submit defence you have written on that thread from 15/4 changing the claimant details. Inflating the debt is giving cause for it to be thrown out

 

Regards

S

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you can adapt that defence for your particulars of claim.

 

make sure that the paragraphs are correctly referred, you dont want it to read out of sync with the claimants POC


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Andy are you saying we submit defence you have written on that thread from 15/4 changing the claimant details. Inflating the debt is giving cause for it to be thrown out

 

Regards

S

 

Well it was just for reference...that claimant also has a habit of including the interest to the alleged debt amount before even being judged or granted interest.Who will no doubt also report it to the CRAs inflate your defaulted debt and not doubt its own portfolio ?.


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Hi Guys,

Apologies for the delay, I am putting in my defence via MCO in the next 24hrs.

 

Thank you for the pointing to the thread Andy, I have copied and pasted the details, but have a couple of questions on how I need to change this for my own purposes.

 

On point 2 they refer to Barclays, obviously I am refering to MBNA, but they talk of above claimant, so should my entry be PRA Group, I assumed this previously was for Barclays without any DCA involved.

 

Also setting out paras is difficult because the claim has one complete block of text, if I split into sections myself and reply accordingly will this hinder my defence?

 

It seems there has been over £4000 applied to the debt since MBNA sold it, so I feel the above tactic will certainly stall something.

 

Any further advice would be gratefully appreciated

 

Regards

S

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Sorry Andy, I was being dumb, I can work out the context from the RED text above the reply in #32...doh

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Post your intended draft here first and we can give the once over.


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Andy,

Finalising this now, do I put the whole description up here, including all the costs? I am concerned about who will actually see the info

 

Thanks

S

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Others have as the thread yours is based upon


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Andy,

Finalising this now, do I put the whole description up here, including all the costs? I am concerned about who will actually see the info

 

Thanks

S

 

If your defence has been drafted on previous successful examples there should be no need for any figures on a holding defence.


We could do with some help from you.

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

 

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