PRA Group claimform - old MBNA card 'debt'

[rizwanishaq]

Hello,

 

I have had the PRA group on my case for a while.

Things escalated when in a letter they threatened court action.

 

 

I issued them with a pre action letter in July & did receive some documents back but not all inc the credit agreement.

 

 

Subsequently they lodged a claim in court.

I replied with my defence.

This was in late September.

 

 

I have now received correspondence & some more paperwork from PRA stating that they will be proceeding with the claim & have notified the court.

 

My understanding is that because they did not send me the full paperwork when requested in my pre action letter (CPR request) in July. It should be unenforceable?

 

I appreciate your help in my next steps!

 

Many Many Thanks

 

Riggz

[dx100uk]

retitled and moved to legal forum.

 

 

when you got the claimform

did you send the claimant a CCA request?

and the sols [in-house at PRA] a CPR 31:14?

you should have done!!

 

 

what defence did you file please

 

 

and can you fill this out too please:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

...............

 

 

so the claim was stayed and they've now sent all the required documents?

and are you sure it says WILL, PRA usually willy wave with partial compliance only

dx

[rizwanishaq]

Hi,

 

Please see the information as requested:

 

Name of Claimant: PRA Group (UK) Limited

 

Date of issue: 19/09/2016

What is the claim for:

 

 

1.The claimant claims the sum of 3431 for debt and interest.

2.On 29/02/2008 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXX.

3. On 30/04/13 the defendant defaulted on the agreement with an outstanding balance of 2725.

4.On 21/06/2013 the debt of 2725 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) ltd on 31/12/2014. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

5.AND THE CLAIMANT CLAIMS

1. The sum of 2725.

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 21/06/2013 to 16/09/2016 706 and thereafter at a daily rate of 0.60 until judgement or sooner payment.

 

Whats is the value of the claim: 3431 + 185 Court fees + 80 legal costs = total 3696

Claim is for a Credit Card

The original agreement was made in 2008

The debt purchaser has issued the claim PRA Group (UK) ltd

I have received a notice of assignment on 28/06/2013 from Aktiv Kapital (UK) ltd on behalf Aktiv Kapital Portfolio AS, Oslo, Zug Branch

 

I received a Default Notice on 04/03/2013 from MBNA

 

In my records I can not see any statutory notices headed "Notice of default sums"

 

I ceased payment due to a change in financial circumstances. Work situation

The date of my last recorded payment is: 10/12/2012

 

Not subject to any dispute from original creditor

 

I can not remember if I communicated my financial problems to the original creditor.

However one of the letters received states - 04/03/2013

- Your financial difficulties.

We recently wrote to advise you of the assistance we could provide you during this difficult time.

We have waived interest and fees and your monthly payment has reduced to an amount you can afford to pay

(in accordance with your income and expenditure details)

 

 

.....................

 

I have sent the following to PRA GROUP (UK):

 

15/07/2016 -

Pre Action Conduct - Request for Information

 

With regard to your letter dated 30th June 2016, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

 

I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You.

 

As I have never entered into any Legal Agreement or Contract with you, for any monies or specifically for the alleged amount of £2,725.08; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to you, I therefore, request the following documentation under Pre Action Conduct Section 6 © as proof of your assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

 

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

 

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £2,725.08.

 

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

 

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

 

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

 

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

 

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

 

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

 

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

 

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

 

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

I look forward to your response in due course.

 

 

..............

 

 

28/07/2016

- I received correspondence stating

- I am in receipt of your correspondence in relation to the request for documentation and have requested the required information.

 

 

With respect to your request to be provided with a certified copy of the Deed of Assignment & Deed of Novation as these documents include sensitive commercial information in relation to our business we are not obliged to provide you with this information.

 

03/08/2016 - I received a copy of the Aktiv Kapital notice of assignement

 

12/08/16 I received the copy documents of the Credit Agreement termination, Default Notice, Financial difficulties letter & previous statments

 

19/09/16 - Received the County Court claim form

 

31/10/16 - Received correspondence from PRA - we write further to the above (Claim no) and confirm receipt of your defence.

We have written to the court to inform it that we wish to proceed with our claim

 

21/10/16 - Submitted Defence:

 

The Defendant denies monies are owed to the Claimant as alleged

in the Particulars of Claim and does not recognise the assertion

that any debt has been Legally Assigned to the Claimant and as

such the Claimant is put to the strictest of proof, including but

not limited to:

 

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)

the Original Signed Consumer Credit Agreement, along with a copy

of the original Terms & Conditions and any subsequent changes in

said Terms & Conditions (referred to as the ‘Regulated Agreement’

within the Particulars of Claim) and show how the Defendant has

entered into an agreement.

 

II. Show how the Claimant has reached the amount claimed by

proving a full Statement of the Account referred to, including

details of all payments made and calculation of how interest was

charged against each item listed, leading to the Alleged Debt of

£3431.09

 

III. Also, as this is an Alleged Debt, I believe Penalty Charges

may have been applied to the Account and as such may be unlawful

under the Unfair Consumer Contract Terms Regulations 1999.

Therefore, I would request details of each and every Penalty

Charge applied to the Account along with details of their

lawfulness (i.e. if the charge is stated as being for

‘Administration’ what Administration was undertaken to support the

Penalty Charge being applied) along with details of any Interest

imposed against each Penalty Charge applied.

 

IV. Show how and when the agreement was breached and provide

notice by way of Notice of Sums in Arrears served by the Original

Owners along with a copy of the Default Notice from the original

owners of the Alleged Debt and Certified Copies of how this was

served upon the Defendant.

 

V. Show how the Claimant has the legal right, either under statute

or equity to issue a claim by providing the following:

 

a) A copy of the Default Notice referred to in the Particulars of

Claim and Certified Copies of how this was served upon the

Defendant, again as referred to in the Particulars of Claim.

 

b) As claimant has stated the debt was ‘assigned to the claimant

on 21/06/2013 a copy of the Legal Assignment, including, but not

limited to a copy of the Deed of Assignment and / or Deed of

Tripartite Novation.

 

c) A copy of how the Defendant was served with the aforementioned

Legal Assignment.

 

d) A copy of the Alleged Notice of Assignment sent by the original

creditor to the Defendant and details of how this was Served upon

the Defendant.

 

e) Details of the costs paid by the Claimant to the Original Owner

for the Alleged Assignment of the Agreement on 21/06/2013 (as

referenced in Section 1 of the Particulars of Claim).

 

VI. As per Civil Procedure rules 16.5(4), it is expected that the

Claimant prove the allegation (as set out in the Particulars of

Claim) that the money is owed.

 

VII. Also, should any amount be inclusive of interest, the

Defendant denies interest is payable in accordance with Section 69

of County Courts Act 1984 and again the Claimant is put to the

Strictest of Proof.

 

VIII. Also, in my defence, I am not a Solicitor and after having

read the Particular of Claim I cannot see any legislation has been

quoted in support of the Claimants claim against me, which leaves

me unsure under which Statutory Instrument this Claim has been

brought. Therefore, again to be able to properly defend this claim

I would request full details of the actual legislation the

Claimant believes gives them a right to make this claim, as surely

no claim can succeed without this being quoted in the Particulars

of Claim?

 

IX. The Defendant sent out a pre action conduct request letter on 15/07/2016,

asking for the following documents to be produce to myself {copys}

requested under Civil Procedure Rule 39A (3.3) any documents upon

which the claimant intends to rely are brought to any subsequent

hearing for examination.

 

X. I believe both the Claimant with no licence to operate they are in

breach of Section 19 of the FSAM Act 2000 and I invite them to

Discontinue their claim.

 

XI. In the claimants correspondence dated 28/07/2016 it states if you do not get the requested information within 12 working days then the debt becomes classified as “unenforceable” I can confirm I have not received the required documentation as requested.

 

XII. I respectfully request the Claimant's claim be Struck Out

due to their lack of evidence, or Struck Out with prejudice if the

agreement is unenforceable due to a lack of an agreement, or that

the agreement,in it self, is unenforceable and the reasons why.

 

Statement of Truth

 

I believe the facts stated in this defence are true.

 

 

 

31/10/16 - Received documents from PRA - Statements, Copy of credit agreement, notice of default & notice of assignment to Aktiv Kapital

 

04/11/16 - Received notice of proposed allocation to the small claim track

 

 

[martin2006]

Can you scan and upload, in a one page pdf, redacted copies if the docs received from PRA on31/10 please.

What orders are on the notice of allocation?

[dx100uk]

mostly OK

but shame you included the freeman of the land twaddle about deed and novation of assignment

should be notice of assignment.

 

 

lets see these supposed documents please follow the UPLOAD

[Lubylu.]

Hello Riggz

 

I was following your thread with much interest...

 

especially this bit:

X. I believe both the Claimant with no licence to operate they are in

breach of Section 19 of the FSAM Act 2000 and I invite them to

Discontinue their claim.

 

I'm in the position where I have to file a Defence soon, and all involved are the same.

 

I wondered if you could update me on the conclusion of your case, and if possible what happened in between since your last post, leading up to that.

 

hope all went well in the end

 

Lubylu

[AndyOrch]

If you could provide a link to your thread for future reference Luby

 

 

 

Andy

[Lubylu.]

If you could provide a link to your thread for future reference Luby

 

 

Regards

 

Andy

 

as a newbie Andy I'm still trying to work out how/what I'm meant to do... so many thanks for that... however, I'm not making a good job of it !

 

point of case being, as a total 'airhead' have no idea what you mean...soz

 

I left a comment on rizwanishshaq's thread, hoping they might come back to me

 

the link sends me to the top of their thread?

 

has my post/comment come out somewhere else that I'm not aware of...

[AndyOrch]

as a newbie Andy I'm still trying to work out how/what I'm meant to do... so many thanks for that... however, I'm not making a good job of it !

 

point of case being, as a total 'airhead' have no idea what you mean...soz

 

I left a comment on rizwanishshaq's thread, hoping they might come back to me They may yet...they will get notification by email that you have posted to this thread

 

the link sends me to the top of their thread? Correct...

 

has my post/comment come out somewhere else that I'm not aware of...

No see above

 

I have posted a link to your thread above for them to find you easy

 

Andy

[dx100uk]

opps link goes to this same thread andy.

 

 

should be

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473309

[Lubylu.]

No see above

 

I have posted a link to your thread above for them to find you easy

 

Andy

 

 

understood Andy

thank you for your patience

Luby