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PRA Group Claim Form - old MBNA card 'debt'


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Hi all

 

I am very worried as I have received a County Court claim form from PRA Group.

This is in relation to an alleged debt they claim to have purchased from MBNA in 2012.

 

I have received various letters from them in the years since then,

several with 'gift vouchers' attached to reduce the alleged debt.

This always led me to believe that they were just angling for contact so I ignored these.

 

I have requested the CCA previously, and after a long delay one was produced, but their written correspondence then reduced.

 

Recently (in June) I received a 'letter before claim as required by the Practice Direction on Pre-Action Protocols' dated 23/6/16.

I responded on 2/7/16 by requesting the CCA again and stating 'I do not acknowledge any debt to your company'.

 

 

I received a further letter from them on 7/7/16 entitled 'Information as requested' and with a CCA attached.

 

However this was followed very shortly by a County Court Claim Form dated 25/7/16.

They are claiming the alleged debt, a court fee and legal costs, plus Statutory Interest.

 

 

I am worried by this and also because they are trying to include Statutory Interest at 8% from 27/11/12 to 22/7/16.

Are they allowed to do this?

I read in other threads this is not allowed to be part of a claim?

 

I have attached their PAP letter,

their response to my CCA request and the CCA,

and the County Court claim form below.

 

 

Any help would be greatly appreciated as I am really worried about this. :sad:

PRA_Group_PAP_CCA_Claim.pdf

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ? PRA Group (UK) Limited

 

Date of issue – 25 July 2016

 

Date to acknowledge = 13 August 2016

 

 

to submit defence = 27 August 2016 (33 days in total) -

 

What is the claim for –

 

1.The Claimant claims the sum of 12000 for debt and interest.

2.On 31/3/08 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXX.

3.On 29/2/12 the defendant defaulted on the agreement with an outstanding balance of 9600.

4.On 23/4/12 the debt of 9600 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14.

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

Payments of 9.00 received up to 27/11/12

5.AND THE CLAIMANT CLAIMS

1. The sum of 9591.

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 27/11/12 to 22/7/16 and thereafter at a daily rate of 2.10 until judgment or sooner payment.

What is the value of the claim? £13032.51

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. Issued by DCA

 

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

It was not referred to as a Notice of Assignment

but received a letter 26/4/12 which read

'We are Aktiv Kapital (UK) Ltd and we are acting on behalf of Aktiv Kapital Portfolio AS, Zug Branch

who recently purchased your outstanding balance with MBNA',

followed by information about payment methods and advising not to make any further payment to MBNA but to them.

 

Did you receive a Default Notice from the original creditor? Yes dated 9 January 2012

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No I have not

 

Why did you cease payments? Due to being made redundant at previous job

What was the date of your last payment? April 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 management plan?

Yes I did communicate my financial difficulties to the OC and entered into a DMP via CCCS (now StepChange)

- I was paying £1 per month Nov 2011-Apr 2012

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ok well get the basics done

ACK {AOS BOX} the claim on the MCOL website

defend all

 

leave juris unticked

 

send a CPR 31:14 PRA to the sols

 

you've already got a CCA

and I must say I think sadly its compliant.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm just drafting my CPR 31.14 letter. Am I right in thinking I can only request documents that are referred to, i.e. in my case the agreement, the notice of assignment, and the default notice?

 

In surfaceagentx20's thread in the Stickies he also mentions the termination notice, but that is not mentioned or implied in their Particulars of Claim (see PDF above page 9). So can I still ask for that? It would have been from the OC not the claimant

 

I am interested to know whether the original MBNA default notice was defective or not, so shall post a copy of that later on today. Hopefully someone can take a look?

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Won't hurt to ask for the TN

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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not that a faulty DN makes any diff to this claim at this stage

 

 

urm.. you need to read that title of the page you uploaded

 

 

it says.....

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if it was sent by first class post then its compliant on time

but if it was sent by UKMAIL[which MBNA uses]

as per the durkin case it fails as ukmail takes atleast 5 days to even get into the PO service.

 

however, I think this might be immaterial here

i'll let the more knowledgeable ones comment should it become necessary.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yet to actually see a termination notice for a credit card in all my time on CAG as the Default Notice is the termination of the agreement if not complied with.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Am sending the CPR 31.14 letter first class recorded tomorrow. Aktiv Kapital/PRA Group have never sent me a 'Notice of Default Sums', let alone once a year, does this have any bearing in my case? Thanks

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Not particularly as they will simply state they are the assignee's of the account...and therefore the account has been terminated

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

Hi, my deadline to submit defence is 27 August as noted above, and they still have not responded to my CPR 31.14 request (it was delivered and I have the signature proof from Royal Mail)... shall I chase them via recorded delivery letter, and if so should I be asking for more time for prep of a defence? Thanks so much.

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no and no

 

 

go read like threads

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

no response to my CPR 31.14 request and it's been 14 days since they received it.

 

I called them today and said I wanted an extension under CPR 15.5 as they haven't yet produced the docs I requested.

 

They agreed immediately and so this puts back the date for me to put in my defence to 24 September.

 

They emailed me to confirm and I've forwarded this with a covering note to ccbcdefendants email address.

 

I hope I'm doing the right thing..

 

without an extension and giving them more time to produce documents,

I have no way to mount a defence.

 

(Except for this 'embarrassed defence' I've read about and that doesn't seem a good idea) Any thoughts people..?

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where did we advise to do that??

 

stupid move to give the claimant more time to magic up cut and paste documents.

 

not sure what age of post you are reading

and if you are even reading that from here

but the idea of not being able to file anything

because of no CCA/CPR returns and having to file an [now out of date] embarrassed defence when out the window years ago.

 

there are literally hundreds of thread here with the holding/no paperwork defence

that usually results in a stay or even better the claimant discontinuing...

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am trying my best to help myself here, and yes I have searched the threads.

 

 

I have very little experience in these matters and so if I have stuffed up then I guess what happens next I have coming to me.

 

 

That is the sentiment I read in your reply?

If your previous response had maybe hinted what to look for (instead of just replying 'no and no')

then maybe I could have directed my search better.

 

 

Sorry for any offence.

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wont offend me

we have large bailing buckets and large corks too.

 

 

quite rightly

theres no getting away from it being a self help site..

but typically and you might have seen this already

 

 

people ask .... should I do this or that before they actually do it

not walk the plank holding a cannon ball.

 

 

i'm wondering if you can recall that email or WHY and the ring the court tomorrow and say disregard it

the claimant was playing games with you because you rang them.

 

 

see what andy or someone says.

 

 

the bottom line issue you have

is this is almost a £10k MBNA debt

that's just below the fast track limit

and with the sneaky sec 69 interest PRA are claiming

[which they should do because its not even been judged yet!]

 

 

that makes it fast track

 

 

and the take out date of 2008 for the card.

that put it in the realms of a recon agreement is ok

so PRA can just about come out with any ole twaddle to make up an 'copy' agreement.

 

 

was this an online sign up?

do you remember?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry about earlier, my deadline for submitting a defence was Saturday 27th (so tomorrow) and not being in receipt of any documentation to create a defence I panicked. You're right about that. I walked into that one

 

Because the time is now so short I have probably painted myself into a corner. Now having read that CCBC take up to 5 days to process emails, I'm thinking I've stuffed up.

 

Do you reckon there is still time to withdraw my email to CCBC and submit a no paperwork defence?

 

It was an online application yes.

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Copy of email from PRA (claimant) this afternoon…

 

I write further to our telephone conversation today and can confirm that the matter has been placed on hold until 25 September 2016 whilst we await further documentation from the original vendor.

 

Upon receipt of the original documentation we will send a copy to you by post. Please do not hesitate to contact us should you have anything further to discuss.

 

Kind regards,

 

 

 

Sean McNeill

Litigation Officer

PRA Group (UK) Ltd

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i'm sure you can.

 

let andy comment

 

not sure if you've seen this thread yet

one of three PRA MBNA clims running at present

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467458-Pra-group-Claim-form-old-Mbna-Credit-card-help/page2

 

 

that defence is useful:lol:

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You can still submit your defence tomorrow if you wish...CPR 15.5 is basically an agreement between parties and not binding on the court or time frame of the claim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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