Jump to content


  • Tweets

  • Posts

    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

PRA Group Claim Form - old MBNA card 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2725 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

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... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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?

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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 OTHER

 

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

Link to post
Share on other sites

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 OTHER

 

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

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

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... 

Link to post
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..?

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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 OTHER

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...