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PRA Claim Form - old Virgin Money MBNA card 'debt'

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Happy New Year everyone!

and this is a long one :jaw:

 

Name of the Claimant: PRA Group (UK) Ltd

 

Date of issue: 22 Dec 2016

 

Defence filed by: 24 January 2017

 

Particulars of Claim:

The Claimant claims the sum of £****.** for debt and interest

 

On 03/07/2007 the defendant entered into an agreement with MBNA for a Credit Card under the reference ****************.

 

On 30/09/2009 the defendant defaulted on the agreement with an outstanding balance of £****.**

 

On 29/02/2012 the debt of £****.** 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.

 

Payments of 50.00 received up to 17/05/2016

 

AND THE CLAIMANT CLAIMS

 

The sum of £****.**

 

Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 17.05/2016 to 21/12/2016 - £365.08 and thereafter at a daily rate of 1.67 until judgment or sooner payment.

What is the value of the claim: £8521.93

 

The claim is for: Credit Card

 

When did you enter into the original agreement: during 2007 (not sure of specific date. PRA say 03.07.07 in Particulars of Claim, but in their letter dated 02.12.16, (see below) they state ‘on or about 03.07.07 with Virgin Money December 2006 (“the Creditor”)’

The claim has been issued by: the last Debt purchaser PRA Group (UK) Limited

(prior creditors Varde Investments (Ireland) Limited (Varde not mentioned in Particulars of Claim): Aktiv Kapital Portfolio AS, Oslo, Zug Branch Limited.

Were you aware the account had been assigned: No official recorded delivery Notice of Assignments received, only letters ‘advising’ assignment from the debt purchasers. (see below)

 

Did you receive a Notice of Assignment? No, not from any of them.

 

Did you receive a Default Notice from the original creditor? Not too sure. Does a letter dated 12 May 2009, headed ‘Important Default Notification’ count? - another received on 16 May 2009, headed ‘Potential Commencement Of Legal Proceedings’? - (then an offer dated 09.09.2009 offering settlement of account for £2.700.00) – I have these letters + more, and a statement.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? Does a a letter dated June 2009, headed ‘Notice of Sums In Arrears’ count? - Otherwise No. The only mention of one came from Aktiv Kapital (UK) Ltd on behalf of Aktiv Kapital Portfolio AS, Zug Branch on 16.09.2013 – I wrote back to them, see letter below.

Why did you cease payments? I didn’t cease payments

 

What was the date of your last payment? Friday 2 December 2016

 

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? I contacted the Citizens Advice Bureau. They helped me fill out a Financial Statement form, and this resulted in my offering £1 per month to MBNA, on 06.08.2009.

 

------------------------------------

 

Received a letter before claim from PRA Group (UK) Ltd dated 2 Dec 2016 - (see below in history)

 

I didn’t respond to this letter.

 

I then received the Claim Form on 24 Dec 2016

 

------------------------------------

 

What have I done so far:

 

Claim Form issue date: 22 Dec 2016

 

On 28 Dec - I acknowledged the claim at mcol - money claim online

Ticked box 1. I intend to defend all of this claim

I have until 24 January 2017 to submit Defence…. eek

 

On 28 Dec, by 1st class recorded/signed for delivery:

CCA to Claimant, asking for a copy of the credit agreement, enclosing £1.00 Postal Order; wrote “For Statutory Fee Only” on reverse, and a copy of the CPR letter.

 

Also CPR 31.14 to the Claimant’s in-house legal representative, asking for the documents mentioned in their statement of case (Particulars of Claim) 1. Agreement: 2. Default Notice: 3. Notices of Assignment. I also enclosed a copy of the CCA letter.

 

On 03.01.2017 - I sent a SAR to MBNA, and Experto Credite, enclosing £10 fee.

 

Although I understand Experto Credite are now in liquidation as of 24 Nov 2016. I found on Companies House a correspondence address.

 

--------------------------

 

Received a letter from PRA on 03.01.2017 in response to the CCA sent – headed up ‘Request for Information Section 77-79 Consumer Credit Act 1974’.

 

“We are in receipt of your correspondence in relation to the accounts on the list attached and have requested the required information. (no list, just a double sided fact sheet)

 

We have also enclosed your payments of £1.00 as PRA Group (UK) Ltd do not require a payment to carry out a CCA request.

 

We will contact you to provide an update as soon as possible but if you have any questions please telephone us on ******** where an agent will be able to assist you.

 

Signed off by

Head of Collections”

 

Fact sheet scanned if you want to look at it.

 

Questions:

 

Is there a case to be made regard Varde Investments (Ireland) Ltd taking over my account ie: no UK credit licence as required by the 1974 C.C.Act, hence why PRA didn’t mention them on the Particulars of Claim?

 

Do Aktiv Kapital (UK) Ltd on behalf of Aktiv Kapital Portfolio AS, Zug Branch have the right to issue default notices in any form?

 

History

I started a new job in Jan 2009. However, the salary wasn’t enough to keep up with the full monthly repayments, which of course, after a short period resulted in a flurry of letters, and telephone calls from MBNA.

 

I contacted the Citizens Advice Bureau. They helped me fill out a Financial Statement form, and this resulted in my offering £1 per month in August 2009.

 

MBNA were not happy with this, as you can imagine, but accepted. If they did indeed send a Notice of Default and registered my debt with a credit reference agency, as threatened, I am not aware of this. What I do know is MBNA did not seek a County Court Judgment.

 

And, I have continued to pay without fail £1 every month since, and subsequently to all the many ‘other’ Creditors my debt has been passed on to – details as follows (letters in my possession):

 

1. MBNA debt sold on to *Varde Investments (Ireland) Limited with Experto Credite Limited collecting payments. Not sure of the date that happened, no Notice of Assignment received, only a letter dated 23.10.2009 from Experto Credite advising that Varde Investments (Ireland) Limited had bought the interest of MBNA Europe Bank Limited in the above referenced account, (ha, which they got wrong, stating a totally wrong ref number), including the outstanding balance. Consequently, Varde Investments (Ireland) Limited is now the legal owner of your account.

 

*No mention in the Particulars of Claim of Varde Investments being assigned.

 

2. Received a letter from Aktiv Kapital (UK) Limited, dated *26.04.2012. In the letter they advised Aktiv Kapital Portfolio AS, Zug Branch purchased my account from Varde Investments (Ireland) Limited. That they: Aktiv Kapital (UK) Limited and on behalf of Aktiv Kapital Portfolio AS, Zug Branch, have requested Experto Credite Limited to continue managing my account. Under the heading ‘ What next? It continues: We have been advised that you already have a payment arrangement set up with Experto Credite Limited. Although Aktiv Kapital Portfolio AS, Zug Branch own your account, you should still continue to make your payments to Experto Credite Limited.

 

*It may not be relevant but please note the date on the letter sent 26.04.2012 advising assignment. In the Particulars of Claim PRA Group (UK) Limited state assignment date 29.02.2012, again no notice of assignment was received.

 

A while later I received another confusing letter from Aktiv Kapital (UK) Ltd early in September 2013. I failed to keep a copy of this, but can remember they were informing me that I’d defaulted (?) and that I was to make further payments through another account namely Buchanan Clark & Wells aka BCW, and not Experto Credite.

 

I wrote back pointing out I had kept to the agreed payment set up with the help of the Citizens Advice Bureau, to date without default to Virgin MBNA, Varde Investments (Ireland) Ltd, and now Aktiv Kapital Portfolio AS, Zug Branch.

 

I didn’t hear anything more but continued with the payments until I received the next letter as detailed at 3.

 

3. On the 13.01.2015, I received a letter from PRA Group (UK) Limited. They informed me my account ******** was assigned to them from Aktiv Kapital Portfolio, AS, Oslo, Zug Branch on 31.12.2014. The letter continues: This means we have been assigned all rights, title and interest to your above account and are entitled to all sums owed under the account and also the right to continue with any actions taken prior to the assignment.

 

For your information, on the 6th November 2014 Aktiv Kapital (UK) Limited changed its name to PRA Group (UK) Limited.

 

PRA Group (UK) Limited has previously sent your account to be managed by Buchanan Clark & Wells and they will continue to do so.

 

*No notice of assignment received but at least in this case they actually gave the date of assignment in the letter.

 

*However, in the letter below PRA state the assignment happened on 06.11.2014

 

-----------------------

 

Below I have copied a letter, word for word, I received from PRA Group (UK) Ltd, dated 2 Dec 2016 – I didn’t fully understand this letter.

 

“We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department.

 

This is a letter before claim as required by the Practice Direction on Pre-Action Protocols, to give you notice of PRA Groups intention to issue court proceedings against you.

 

You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free advice agencies detailed on the enclosed document.

 

We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the court’s powers to impose sanctions for failure to comply with the Practice Direction.

 

You will recall that you entered into a written agreement numbered ****************** on or about 03/07/2007 with Virgin Money December 2006 (“the Creditor”). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and you are now in breach of the agreement.

 

By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing.

 

However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £****.**.

 

By an assignment in writing dated 06/11/2014 the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignment.

 

PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing.

 

If after considering this letter you take the view that you do not owe £****.** then we look forward to receiving your reasons why you take that view plus supporting documentation.

 

We do not presently envisage that expert evidence will be needed in this claim.

 

This letter should also be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution (ADR).

 

In addition this letter triggers certain time limits that affect you:-

 

1. You are expected to acknowledge and answer this letter before claim by 18/12/2016.

 

2. You are expected to respond to the invitation to refer this matter to ADR by 18/12/2016.

 

We look forward to receiving your letter in reply, responding to the claims made against you and/ or setting out your proposals for settlement/payment. We are prepared to discuss repayment options if this assists you.

 

If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs.

 

If you have any difficulty in complying with the above time limits please explain the problem to us as soon as possible and we will consider a reasonable request for an extension.

 

Name taken out

Litigation Manager”

 

 

-----------------------------------

 

That’s all for now, but any thoughts on this would be of great help… thank you..

PRA factsheet pg2.jpg

PRA factsheet pg1.jpg

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Hi Lubylu and Welcome to CAG

 

You seem to have everything in hand and appear to be quite organised...in the meantime try to look at other similar threads from the same claimant or same type of debt (type PRA into the search facility)this will bring up all the threads involving the same claimant.

 

Take a look in the Financial Legal Success forum for examples of how a defence should be drafted...then have a go and post here for further advice.

 

Regards

 

Andy


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just to tidy one thing for you........

 

 

all the DCA's that have had their hands on this debt are all members of the same group

now named PRA group

 

 

dx


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Hi Lubylu and Welcome to CAG

 

You seem to have everything in hand and appear to be quite organised...in the meantime try to look at other similar threads from the same claimant or same type of debt (type PRA into the search facility)this will bring up all the threads involving the same claimant.

 

Take a look in the Financial Legal Success forum for examples of how a defence should be drafted...then have a go and post here for further advice.

 

Regards

 

Andy

 

 

Hello Andy

 

So glad you’re looking at my thread.

 

It’s true to say I’ve been busy trying to work out the court process in this area of CCJ.

 

Reading through the threads, I thought SaveTheSheck£es recent case very interesting, especially the outcome of the Defective Default Notice, what a result…. that left me wondering if that might be the case for me… would you take a look at the MBNA correspondence scans if I upload them?

 

Sorry too for the long post but reading through the advice given on here re: CCA, CPR 31.14 and SAR, thought I'd leave posting until couldn't go further without some advice re: the legality of the original creditor, and subsequent DCAs actions in the past to be able to get going on the Defence

 

Oh yes, and reading through the other threads inspired me to create my own and fight this CCJ instead of filing it in my bin… so many thanks to everyone for that…x

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just to tidy one thing for you........

 

 

all the DCA's that have had their hands on this debt are all members of the same group

now named PRA group

 

 

dx

 

 

Hello dx

 

I’ve read quite a few of your posts to know what you’re saying is true… and I did think Experto Credite who acted as a management/collections agency for Varde and Aktiv might hold quite a lot of info on my account file… that’s why I SAR’d them too.

 

Thanks for your help and the link to the debt collection library, I’m going to be very busy!

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Your very welcome....upload any relevant documentation here ( after obscuring any identifiable data) in PDF format and then you have it all together and we can take a look at what you have.

 

Regards

 

Andy


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Ah! the old Varde fiasco no licence to trade here if I remember correctly (Irish) company!


:mad2::-x:jaw::sad:

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yep the very ones...

not a lot of point in an sar to anyone really if a court claim is running time is tight

least of all a dca, .

and unless you are trying to prove SB date

which is always better done by phone to the OC.


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Your very welcome....upload any relevant documentation here ( after obscuring any identifiable data) in PDF format and then you have it all together and we can take a look at what you have.

 

Regards

 

Andy

 

 

many thanks Andy for agreeing to that,

can I just confirm,

would that include all the correspondence from just MBNA (7 letters).

.. or should I also post up the letters from everyone else involved;

Experto Credite; aktiv Kapital & PRA (6 letters)?

 

 

if yes, this will take me some time to scan/convert to pdf after taking out personal data..

. but I'm ok with that if you are

 

Ah! the old Varde fiasco no licence to trade here if I remember correctly (Irish) company!

 

thanks old cogger,

I'm going to take a look on the Consumer Credit Register/FCA, who has a public record of firms that have or had, interim permission to carry out consumer credit activities for both Varde & Aktiv..

. not sure how that'll help me now but worth a look and possibly mention any fact I find in my Witness Statement/maybe Defence if allowed.

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AK were registered their henchman was Steve Glassborrow!


:mad2::-x:jaw::sad:

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yep the very ones...

not a lot of point in an sar to anyone really if a court claim is running time is tight

least of all a dca, .

and unless you are trying to prove SB date

which is always better done by phone to the OC.

 

quite true dx

but you never know they might come up with the goods before the 40 day rule...lol

and maybe the CCJ might have an extension/delayed for some reason... highly unlikely,

but at least I'll have more info than I do now to defend future claims on this debt, because of course even if I manage to stop the CCJ the debt still remains and PRA have the right to sell it on again.

 

oh yes,, dx that link you gave me was very helpful - looks likely after I've submitted the Defence, and then should the claimant want to proceed, I'll need to complete N180 Directions Questionnaire for the small claims track, because if I read it correctly the fast/multi track is for debts of £10.000 plus... high-five to Andyorch for that info

Edited by Lubylu.

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AK were registered their henchman was Steve Glassborrow!

 

tut...never mind

thanks for the heads up on that one, it'll save me the search

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Sar to the OC if you must send one for future ref

Not the dca...


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many thanks Andy for agreeing to that,

can I just confirm, would that include all the correspondence from just MBNA (7 letters)... or should I also post up the letters from everyone else involved; Experto Credite; aktiv Kapital & PRA (6 letters)? if yes, this will take me some time to scan/convert to pdf after taking out personal data... but I'm ok with that if you are

 

Only the docs with direct reference to the claimant and their claim anything before is irrelevant...lets see the Default Notice/Agreement/Notice of Assignment for starters


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Only the docs with direct reference to the claimant and their claim anything before is irrelevant...lets see the Default Notice/Agreement/Notice of Assignment for starters

 

 

Oh dear, well in that case then Andy, I don’t have anything from the Claimant (PRA Group) held in my file from previous correspondence with them regard: Default Notice/agreement/Notice of Assignment… though I’m adamant I would have kept those if received.

 

guess I’ll just have to wait for the CPR 31.14, sent to the PRA in-house legal representative on 28 Dec 2016 requesting to see those exact documents as mentioned in their Particulars of Claim…

but I’m of the opinion if I never received them, they could print off whatever they like in response

and I wouldn’t be any the wiser.

 

Maybe I’m just tired, so apologies if I confused the issue of N of D re: MBNA the original creditor.

I never thought at the time a Notice of Default was ever served on me, hence why I asked you to look at the few letters they sent to me… but if that’s all irrelevant now… I’ll just slink off into the corner…

 

Sar to the OC if you must send one for future ref

Not the dca...

 

 

never wishing to offend, so apologies about that dx

 

guess I just wanted to have some info on Varde, Aktiv Kaptial Portfolio AS, Zug Branch whom Experto Credite managed both accounts.... but don't give up on me !

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I've had a similar claim form too, will post separately but am way behind you. Moving house, maternity leave etc has left me with a very tight deadline!

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but don't give up on me !

 

 

would never do that nor take offence.

 

 

its the web that they weave that deceives debtors we just know how to unpick it.

 

 

ceeferace user-online.png

you need to start a new thread


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I've had a similar claim form too, will post separately but am way behind you. Moving house, maternity leave etc has left me with a very tight deadline!

 

 

Dear ceeferace,

 

Oh my word… my heart goes out to you…x

 

All I can say is, I’ll keep an eye open for your thread, give you as much support as I can; have children of my own; old ex-legal secretary, although having trouble sorting my own situation out despite that etc, etc

 

If it helps, I surfed the threads here for myself before posting, and can only say, the help, and advice I’ve seen is very good….so would suggest putting up a thread asap!

 

If you’re on maternity leave at the moment look at other threads as near to your own as possible to gain some insight, and consider a visit/phone call, to your nearest Citizens Advice Bureau too, especially in your condition, to take all the advice available before you make a move….

 

Nothing to lose by that, and all the more to gain rather than a CCJ given by default if you don’t act/respond to the claim form you’ve received, which is what the creditor would like…

 

Much love to you….x

ps….if you feel able, I’d recommend mentioning this to your GP too… please take care of yourself

  • Haha 1

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The documents named are the only documents the claimant will need to proceed with the claim and are what the claim will rely on...anything else you have received is purely letter tennis and irrelevant unless previous DCAs have sent any of the named items?


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Andy can you help?

been sent a pm message but can't work out how to reply?!

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Andy can you help?

been sent a pm message but can't work out how to reply?!

 

Is the PM from a member of the site team, Luby? If not, you can't reply because you have not made enough posts.

 

HB


Illegitimi non carborundum

 

 

 

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Thank you HB (nice to meet you)… was trying to alert the pm as to my concerns re: my post; thinking it was from a ‘site member’

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you hit reply at the bottom on the PM box where you are reading it from


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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So far I haven’t received a response to the CPR 31.14, and only a letter from PRA acknowledging the CCA request.

 

Q. would it matter I sent the CPR to a their Investigations and Litigation Dept in Scotland, and not the address on their claim form for service of documents and payments located in Bromley, Kent?

 

having read the threads similar to mine, and the replies: understand I don’t ask the DCA for a 28 day extension, or approach the court seeking to ‘strike out’ the claim through non-compliance.

 

With the fast approach of 24 January by 4pm being the time I need to file a defence by

– I am, for the moment, basing that on a holding/no paperwork defence

… although understand should I receive any paperwork etc between now and the 24 Jan I can’t use that defence and will need to revise my defence accordingly.

 

Can I post up the defence for feedback please?

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Yes please do


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