PRA/? claimform - old MBNA Virgin Card

[dx100uk]

Get an SAR running to MBNA and get the statement's and get reclaiming too

[skywalker1010]

Hi everyone,

A big update on this. After we submitted an Income & Expenditure form to them, stressing it was my wifes debt and she worked part time only able to afford a £10 monthly payment, we were sent a Tomlin Order.

 

It lays out that the claim will be 'stayed' and a confidential order shall not be kept on court file except for the purpose of enforcing those terms. It is further ordered that each party may be permitted to apply to the court to enforce the terms upon which this claim has been stayed without the need to commence a new claim.

 

There be no order as to costs.

 

The defendant will pay the claimant the full amount owed (figure on order), this was the figure originally set out of the £13700 plus the costs and interest added, so they have effectively got their additional!

 

Most importantly they have agreed to a £10 a month payment schedule, which we can afford, it will take us 147 years to pay this off, but it seems it is all fixed.

 

If the order is breached then the claimant is entitled to apply to the court to enter judgement for the whole amount less any payments.

 

We can afford £10 a month, it will effectively lock this away, with no restriction on property (Charge), what do you think?

 

I don't think we have had an excessive fees over the term applied, just the £3800 in interest and fees prior to any court judgement, and we never got to court. The most important thing is my wife feels this can let her get on with things at £10 a month?

 

Any further comments before we sign and send the documents?

 

Thanks

 

SW

[martin2006]

A Tomlin Order is only binding once it has been signed, after that you will unable to discuss its content with anybody other than the other party or either your or their legal representative or the court so make sure you are 100% happy with the terms before signing.

[AndyOrch]

Hi Sky

 

The actual terms of the schedule are rather standard but I would I certainly would be questioning the section 69 interest applied.

 

In their particulars they state..

 

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

On Aug 2008* the defendant entered into an agreement with MBNAicon 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.

 

As the debt was only assigned to them in Dec 2014..they are not entitled to claim it from June 2013 (It belonged to Aktiv) therefore it should read June 2014 to April 2016....and even then its should be limited to one year.

 

Furthermore Section 69 is only awarded at the discretion of the court on Judgment...this has not be adjudged.

 

And lastly you stated in your initial link that they had failed to serve a Notice of Sums in Arrears.Therefore failure to comply with this legislation under section 86D

 

http://www.legislation.gov.uk/ukpga/1974/39/part/VI/crossheading/sums-in-arrears-and-default-sums

 

See 86D (3) and 86D (4 a)

 

(3)The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.

 

(4)The debtor or hirer shall have no liability to pay—

(a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it;

 

Regards

 

Andy

[shamrocker]

skywalker

- for what it's worth, £10 a month is neither here nor there and may suit your personal circumstances despite the fact you'll never pay the debt off

- though the debt would sit on the claimant's balance sheet and it could eventually be realised through any estate you leave behind (hopefully a long time from now)

- however, an alternative view would be to play hardball with PRA and go in at a much lower amount with your F&F figure and pay it off in larger instalments.

It's just a thought/observation in any case.

 

 

The only slight doubt I have is that, if you have a weak case,

you do have the possibility of them being awarded costs on Fast Track if you lose,

which means the total award against you could be higher than the claim.

 

 

If it were in Small Claims, then I'd definitely play on their acute awareness of costs to themselves and use it as a bargaining tool to reduce the F&F. I've done that quite successfully myself.

[skywalker1010]

Dear All,

Thanks for all the help, sorry I have not back sooner.

 

But Andy, we threw back the original TO for over £17K questioning the Interest and costs and we have a final offer.

 

To 'amicably resolve' they are removing nearly £3.5K interest, but claiming Issue Fee of £750 + solicitor costs of £100.

So we are looking at the original 3 year old debt plus £850 costs spread at £10 a month.

 

This we can afford.

 

I just wanted to ask that if we sign and send back the new TO, it is going back to Northampton.

Although we recieved a letter from our local Court that said the case is being transfered to there.

 

 

I take it this TO will stop any further Court action and there will not be any registration of the debt as a Charging Order or Restriction, this TO covers the whole case?

 

I cannot see any mention of this being secured on property within the TO, so as long as we keep up £10 a month, we are clear.

 

Also, if we ever do have the chance in 2-3 years time to offer a F&F of a few thousand, will that be possible over the TO.

 

Thanks again to all who have helped.

 

SW

[martin2006]

Look at the TO as being a court order without the ccj.

 

So if your happy with its terms, sign it, at which point you become bound by it and return it to the solicitors.

 

 

They will then get it rubberstamped at court and the court will nitify you it has been dealt with.

 

With regard to offerring a few thousand in time to come, approach that with caution, although that may or may not happen, it could be seen that you can afford to pay more than you are doing and may influence them to get the order amended.

Imo, set up a dd and forget about it, get on with your life.

 

Oh and well done

[AndyOrch]

Dear All,

Thanks for all the help, sorry I have not back sooner.

 

But Andy, we threw back the original TO for over £17K questioning the Interest and costs and we have a final offer.

 

To 'amicably resolve' they are removing nearly £3.5K interest, but claiming Issue Fee of £750 + solicitor costs of £100.

So we are looking at the original 3 year old debt plus £850 costs spread at £10 a month.

 

This we can afford.

 

I just wanted to ask that if we sign and send back the new TO, it is going back to Northampton.

Although we recieved a letter from our local Court that said the case is being transfered to there.

 

 

I take it this TO will stop any further Court action and there will not be any registration of the debt as a Charging Order or Restriction, this TO covers the whole case?

 

I cannot see any mention of this being secured on property within the TO, so as long as we keep up £10 a month, we are clear.

 

Also, if we ever do have the chance in 2-3 years time to offer a F&F of a few thousand, will that be possible over the TO.

 

Thanks again to all who have helped.

 

SW

 

All claims are transferred out of Northampton once a defence has been submitted...the Tomlin Order will be dealt with at your local county court.

 

Worth rejecting their section 69 % then

 

Andy