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

[Lubylu.]

Particulars of Claim

 

1. The Claimant claims the sum of £8011.93 for debt and interest. On 03/07/2007 the defendant entered into an agreement with MBNA for a Credit Card under the reference ****************

 

2. On 30/09/2009 the defendant defaulted on the agreement with an outstanding balance of £7698.88

 

3. On 29/02/2012 the debt of £7698.88 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

1. The sum of £7646.85

2. 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.

 

 

Proposed holding/no paperwork defence:

 

 

1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. Paragraph 1 is noted and accepted the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

 

 

3. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the Consumer Credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated on the claim by the Claimant or by MBNA. I have never received Notice of Sums in Arrears given that the Claimants plead they are the legal owner of any alleged debt.

 

 

4. Notwithstanding the above on receipt of the claim requests for information pursuant to the Consumer Credit Act (section 78) and CPR 31.14 were made by signed for delivery on 28 December 2016 . To date the Defendant has only received a letter dated 30th December 2016 from the Claimant acknowledging the request for the credit card agreement. However the Defendant has received no response or acknowledgment from the Claimant’s legal representative regard the CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default.

 

 

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

 

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

 

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

 

 

7. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Just the one small amendment in blue Luby

 

Regards

 

Andy

[Lubylu.]

seems all that reading of the threads was just the ticket then.... couldn't have done it without all that information you and the other people put on here.

 

let's hope nothing comes in before I get to file the defence on 24th Jan by 4pm

 

huge thank you Andy and to everyone for the help in the meantime...x

[Lubylu.]

ps.. would someone from the 'site team' edit my long winded 1st post to a more readable version, as thought all that info would initially be helpful to my case

[AndyOrch]

1st post fine luby...more information the better...helps us to help you .....with some posters its like pulling teeth to get information:wink:

[dx100uk]

too right is it like pulling teeth!! with some users

[Lubylu.]

update

Hello there

 

Given I’d not heard from PRA GROUP re: my CCA request; or the CPR 31.14

…. which I understand from reading the posts rarely ever is…

. I filed my defence yesterday (24th Jan) on MOCL at 13.16

– and they acknowledged receipt at 14.01 before the deadline of 4pm.

 

Today 25th Jan,

I received a letter from PRA dated 23.01.2017

– sent by royal mail 2nd class (kept the envelope) with an enclosure… the CCA agreement.

 

*Our letters, in this particular district, only gets delivered on or shortly after 2pm.

 

I would like to post this letter and agreement for any help you can give, and can convert to PDF.

However, as soon as I take out the personal details it will not convert to a PDF..?

 

Not too sure where I am going wrong… argh very frustrating…. but I’m on windows 8.1 if that helps

 

Oh and ps… to dx

please, if you’ve had razor blades for breakfast this morning please do not reply…

. because I’m not in the mood…

blocked kitchen sink since Saturday and might have to tell you to ‘giveover’…

or go jump off that ‘Pier’

 

No worries folks... private joke ‘wink, wink’

[dx100uk]

follow the upload

 

scan to JPG

redact in paint

pop them all in one word document

file save as PDF

then upload here

[Lubylu.]

here's the thing... I've tried that dx

maybe I'm missing something, so i'll give it another go tomorrow...x

[Lubylu.]

I could convert jpg to pdf… but not if I altered the jpg to redact the personal info

So if anyone out there has the same problem and doesn’t want to spend £££ getting the software you can do this:

On paint

Redact the personal info

Resize to 50

Rotate left 90

Print

Scan again

Convert to PDF

 

back to the cca I received

 

to my mind they’re making it look like an online application – not true,

I know I wouldn’t have done that

- besides I’d never owned a computer until October 2007.

 

They’ve even ticked the box for PPI,

I know darn well I wouldn’t have ticked that,

and in fact remember telephoning them shortly after getting a statement querying this payment… I got a refund and they took this PPI off my account

 

But more importantly,

I found from reading the threads is the default notice, and the lack of one.

 

I’m waiting for sight of this in their disclosure or CPR 31.14 whichever is sooner.

 

 

I know if they’d sent me one I’d still have it in my possession,

 

 

I even approached CAB recently to look on my file just in case it was being held on there by mistake.

letter & CCA Agreement.pdf

[dx100uk]

def an online one

and their poc says opened on a date several days after the actual CCa signing date too

[Lubylu.]

how can they get away with that?

 

hadn't realised the dates didn't match... thanks

[dx100uk]

well all they [the debt buyers] get is a line for each debt in the spreadsheet portfolio they buy.

they probably don't even read it.

they set their PC to issue claim forms on debt over a certain figure and out it spews a speculative claimform

all done automatically

 

 

hoping it doesn't get defended and they get a default rubberstamped judgement where nowt is checked

doesn't ever go near a human in the whole process

[Lubylu.]

can I mention in my witness statement about the questionable validity of the CCA and the different dates?

[Lubylu.]

Just received a response to my SAR to MBNA

 

Having had a quick flick through, Card type: preferred mastercard

 

I’ve just found out when MBNA actually sold the debt:

on 17 October 2009 to Experto Credite – I never received Notice of Assignment at the time

 

So can I ask this (probably stupid question) if E.Cred, Aktiv & PRA are all one group why does the Particulars of Claim state: on 29.02.2012 the debt assigned to Aktiv and not the above?

[dx100uk]

its down to the history of the takeovers that happened in the group

they would need to produce a copy of the assignment mind

and any others they mention

[Lubylu.]

thank you dx for the above - meanwhile moving on....

 

Something I may have omitted to tell you earlier:

 

The purported CCA received from PRA and the SAR version from MBNA is identical, each state a same ‘REF’

This “ref” is not recognised by me

 

However, the same version of that CCA received from PRA in response to my s78 has a hand written number noted on the very top of that document

 

is that allowed?

 

ps... I'm not leaving anything to chance and currently attempting to compose a Witness Statement just in case PRA respond to my defence.

[dx100uk]

the hand written number would be inadmissible lets put it that way.

as no one know who put it there or why

 

 

so they certainly cant relate to it

[Lubylu.]

chips and curry sauce all round then...

 

sorry about my flippant response but this DCA really frighten me

[dx100uk]

no dca should frighten anyone.........

they are NOT BAILIFFS

and have

Absolutely no legal powers whatsoever...

 

 

all they are doing here is what you or I can do

that's issue a moneyclaim if we think someone owes us money

 

 

nothing whatsoever to be scared of...

[Lubylu.]

After reading through the SAR info I’m really starting to doubt myself now

 

found an entry under 09 Oct 2009 – NOD sent 09/10/09 Expires 26/10/09 7726.85 934.12

(NOD must refer to notice of default)

 

under 19 Oct 2009 - ***SOLD to Credite Limited 17OCT2009 balance at sale was 7726.85

 

 

in other entries:

under ‘Autoscore Report’ found: date received 28.06.2007 (date as seen on the CCA sent)

 

and then on a screen shot: open date 03.07.2009 (which would tally I guess with the PoC)

 

 

I‘ve just noticed the covering letter from PRA dtd 23.01.2017 in response to my CCA s78 clearly states “Outstanding Balance: £8,587.00” - however the PoC states £8011.93.

 

Guess I’m not the only one getting their knickers in a twist

 

sorry for being a pest if the above has no relevance

[dx100uk]

loads of old dross in this thread but read it through

http://www.consumeractiongroup.co.uk/forum/showthread.php?201852-experto-claimform-Mbna-Virgin-Card-***Claim-Discontinued***/page28

[Dotty50]

loads of old dross in this thread but read it through

http://www.consumeractiongroup.co.uk/forum/showthread.php?201852-experto-claimform-Mbna-Virgin-Card-***Claim-Discontinued***/page28

 

[Lubylu.]

Take heart Dotty, I took the comment to help us all here that might read through that thread, not to get caught up with specifics within it and was referring to certain aspects being discussed all those years ago… for example the ‘rescission argument’ etc….

 

Otherwise, your thread was very helpful to me in several ways and that is what dx intended…

*like most men, who are short on explaining themselves, us girls have to read between the lines.

[BankFodder]

Lubylu I've sent you an email. Please check in your spam folder if you don't see it.

 

Thanks