PRA Group Claimform - old MBNA/Virgin money card 'debt'***Claim Discontinued***

[ceeferace]

Hi, have just found this thread whilst trying to respond to claim forms to PRA group.

 

I am hoping that someone can help.

I received a claim form dated 19th December from PRA group for a historical debt with MBNA.

I just logged on to the moneyclaim sort this out and am baffled.

 

I had a historical debt and was making regular payments, I hadn't intentionally defaulted from these payments.

 

 

However PRA group have stated that my payments stopped in June 2016 as the company (experto credite) passed the debt on to PRA group.

 

 

However looking at the court documents it appears that PRA group had the debt since Dec 2014 so I can't understand why the payments have defaulted.

 

I emailed PRA group requesting a copy of all letters but haven't heard back.

Is there anything that I can do?

 

Should I defend the charges and interest charges or just make an offer of payment?

[ceeferace]

Name of the Claimant - PRA Group

Date of issue – 19th December 2016

 

What is the claim for –

 

1.The claimant claims the sum of £2560 for debt and interest.

2.on 9/3/05 the defendant entered into an agreement with MBNA for a credit card under reference xxxxxxx.

3.On 31/8/09 the defendant defaulted on the agreement with an outstanding balance of £2855.

4.On 29/2/12 the debt of £2855 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA group on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

Payments of £405 received up to 26/5/16

and the claimant claims

1. the sum of £2450

2. statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of *% per annum from 26/5/16 daily to 14/12/16 108.42 and thereafter at a daily rate of 0.54 until judgement or sooner payment.

What is the value of the claim? £2560

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? Before

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 - debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did originally bit am unsure about the recent assignment.

Did you receive a Default Notice from the original creditor? yes - according to an old credit file on 31/08/09

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I'm not sure - I just assumed that everything was in hand

Why did you cease payments? I didn't - I called PRA group and they said that experto credite stopped the payments

What was the date of your last payment? May 2016

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of, they sold the debt on

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

I originally entered in to a debt management plan with DMP apex who made arrangements with Virgin,

DMP Apex went in to administration and hadn't been paying the creditors

I arranged a payment plan with Expero Credit at £5 per month and have been paying for a number of years.

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

 

Is it too late to do this?

 

I have discussed the issue over the phone with PRA group, however things have been slow due to Christmas. I also emailed them to send me copies of all correspondence but they haven't responded.

[dx100uk]

have you ack'd [AOS] the claim on MCOL?

[ceeferace]

No - I was mid-way through the form online before finding this forum.

[ceeferace]

Should I complete the AOS and request the CCA?

[Lubylu.]

Dear ceeferace,

 

you earlier replied to my own thread saying it was similar to yours.... detailing your circumstances... of which are not apparent here.

 

obviously I don't want to disclose those circumstances without your consent...

 

but you need in the meantime, to refer to my reply, hoping you will take in to consideration of what I said.... together with dx's advice here, which is to acknowledge the service of the claim form asap!

Edited January 5, 2017 by Lubylu.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.[THIS NEED TO BE DONE NOW AS ITS DAY 19]

.

get a CCA Request running to the claimant

get a CPR 31:14 request running to the solicitors

[if this is a Bank Account use the other version in the library]

.

don't sign anything

leave the £1PO blank and uncrossed

.

dx

[Lubylu.]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.[THIS NEED TO BE DONE NOW AS ITS DAY 19]

.

get a CCA Request running to the claimant

get a CPR 31:14 request running to the solicitors

[if this is a Bank Account use the other version in the library]

.

don't sign anything

leave the £1PO blank and uncrossed

.

dx

 

 

couldn't pm you privately dx - but this info needs to go to c*******e

[ceeferace]

Thanks both. I have completed the AOS and will complete the CCA request and CPR request and send in the morning.

[Lubylu.]

Thanks both. I have completed the AOS and will complete the CCA request and CPR request and send in the morning.

 

 

Good girl !

 

well done ceeferace, you have nothing to lose by trying...

 

have the letters recorded delivery... or recorded delivery/signed for... 10p extra, like I did...

 

you can trace the delivery time/date on the the royal mail website, and print those off for your file

[Lubylu.]

couldn't pm you privately dx - but this info needs to go to c*******e

 

 

my, my dx, I can't express how stupid I feel about my above response... and apologise to you unreservedly

 

As a newbie.... I 've since learnt that if you subscribe to a particular thread, you may receive responses but they are directed to the recipient of the thread, not to the interested parties like myself, as first thought...

[dx100uk]

anyone subbed to a thread gets an email alert.

[ceeferace]

Hi

 

For the CPR I have requested;

Agreement

default notice

Notices of assignment

 

From the particulars of claim, have I missed anything? Should I request a statement of payments as this is referred to?

[dx100uk]

Not till later

You get a statement in the cca

[ceeferace]

I have sent the CCA and CPR requests today and sent a SAR to MBNA,

is there anything I can do in the meantime?

 

 

The date of the claim is 19th Dec so I think I have to send a defence by 21st Jan.

[dx100uk]

fri 20th by 4pm

unless you are thinking a debt is statute barred

or that payments have gone missing

theres little point sendingthe OC and SAR when you get a court claimform

its nothing to do with them anymore

and any info you get you keep to yourself unless advised otherwise

its what the claimant produces that the claim relies upon.

now back to you top post

 

 

you indicate you were paying APEX

they don't buy debts, so who was their client on their letters

 

 

FWIW Experto are part of the PRA group.

[ceeferace]

Ah ok, I thought they might be able to say who they sold the debt to etc.

 

We paid Apex as a DMP and they paid the creditors,

it was with Experto when we picked it up again after Apex went in to administration.

That's the bit that doesn't make sense

Experto are part of PRA and I have been making monthly payments.

 

When I called PRA when I received the claim form they said that payments ceased as Experto passed the account to them in June.

 

The claim form states that they have had the account for 2 years though.

 

I didn't cancel payments and if they are the same company why did they.

Its so confusing ....

[dx100uk]

apex are a DCA [debt collection agency] not a DMP [debt management plan]

they are part of cabot group and did not go bust..

[ceeferace]

Ah, crossed wires. It was this one

 

http://www.telegraph.co.uk/finance/newsbysector/supportservices/8478394/Debt-group-DCM-paid-off-just-1m-in-debts.html

[dx100uk]

ah right that lot

DCM APEX Debt Counsellors and Management

well all your money went in their pockets

baird and Wilson were later heavily fined

 

ok so that's all in the background

 

I would suspect that as no-one got any money via DCM it was sold to AK [now PRA group] hence expert credit etc etc.

 

dx

[Lubylu.]

Hi

 

Just a heads up here…. I did the same as you, however found the ‘advice’ offered; by same person who responded to you, turned out would be better given over the phone if I supplied my number

 

The call soon turned into offering me a ‘no win no win’ offer…. very enticing… but not so much the £250 to £500 price tag if I won !

 

This of course is none of my business but I’d stay away from that particular website and take the unsolicited, free help and advice given here… or visit a local solicitor who might arrange at least the first half hour’s advice free of charge

Luby

[ceeferace]

Hi Luby

 

I''m not sure what you are referring to?

[ceeferace]

I have received a response to my email to PRA sent on 28th December (where I requested copies of all correspondence). They have asked me to confirm personal details and they will send the paperwork. Should I send them the details or respond saying that I have now requested the CCA and CPR?

 

Thanks

[Lubylu.]

Hi Luby

 

I''m not sure what you are referring to?

 

 

Really?

 

You posted a thread about your up and coming Claim Form from PRA re: CCJ on 5th December 2016 on another site… on the same day as posting it here on CAG

 

My advice still stands

[ceeferace]

Lubylu - ah yes, I see. Sorry, I didn't know what you meant in your message. It makes sense now :0)