PRA Group Claimform - MBNA credit card 'debt'

[wayne44]

Issue Date: 21/02/2017

 

Claimant: PRA Group

 

Solicitor: Surjit Gida (Legal Rep)

 

Original Creditor: MBNA

 

Particulars of Claim:

1.On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx.

 

2.On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76.

3.On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014.

Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925.

 

4.Payments of 54.00 received up to 13/09/2016.

 

5.The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63

Daily rate of 1.50 until judgment or sooner payment.

 

The Claimant claims the sum of 7078.00 for debt and interest.

 

Is the debt Statute Barred: No

Info:

 

My mother over the phone registered for a credit card, there was no signing of an agreement.

In 2009 her husband, my father developed cancer while working abroad.

He carried two thirds of their house hold income.

 

Finances grew increasingly as time went on.

I assist as much as possible.

 

All other banks when informed of the situation froze their accounts and worked on a solution.

MBNA differed and instead raised interest rates.

 

In May 2010 She defaulted once again.

On 04/06/2010 MBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter).

On the 30th My father died at home with my mother, she had no ability to pay.

 

On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of MBNA including the outstanding balance. Thus the legal owner of the account.

 

Under the terms of this assignment Experto Credite had been appointed to recover any and all debt.

(I have this letter).

 

She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy),

apologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by MBNA.

 

Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account.

 

At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail.

 

This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying.

 

On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76.

They have stated they have been advised of a payment arrangement set up with Experto Credite.

 

And although they own the account,

"you should still continue to make your payments to Experto Credite"

"Experto Credite will advise us of all the payments you make so we can keep your account up to date"

(I have this letter)

 

On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010),

paid £13...

(£1 every month from since agreement)

and the current balance is £6892.76.

 

She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again

(I have several examples of offers).

 

She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA.

Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76.

 

On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK).

Then saying they have been assigned the account from Aktiv Kapital.

"You do not need to do anything as a result of this change.

We will continue to accept payments in the name of Aktiv Kapital,

So no changes of payment are needed".

(I have this letter)

 

On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed.

 

Also saying

"Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter).

 

 

Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying.

 

On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script.

 

On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings.

 

She calls them up and informs them of the agreement to which they say they haven't been sent payment....

 

She checks every month without fault and her last payments at the end of the year show payments go through...

 

. She argues and yes calls them a liar.

don't say why or give a reason for not getting payment.

 

On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00... . So she goes back to her last statement and sees payments are being made, to the agreed.

 

Her statements come after the 9th of every month and is actually stated on her statements...

. So she couldn't check her Dec-Jan Statement.

She goes with the premise that as usual they are calling to force a new agreement or get something.

 

She gets one more letter from PRA stating again its with the Investigations Department...

. Then on the21 /02/2017 she is sent a County Court Claim Form.

She still only has her house to her name and zero finance ability.

So she contacts me and I look into what I can but I am no lawyer...

 

I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???!

 

Being informed its under a investigation and litigation department.... expert credite website shows their liquidation info.

 

This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation..

. Or that they weren't paying.

.. To investigate this third party who was being paid..

.. The totals from the statements also don't match up to the statement in the claim..

.. 54 is not correct that's even less.

 

She has only missed 1 payment because it was refunded; she wasn't informed at all of anything.

This can't be fair or legal.

 

And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change.....

 

I am lost in how to put a defence down,

as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it.

 

any help,

identifying legislation,

OFT guideline,

code of practice or just how to act would be appreciated.

 

I am getting in touch with a financial Ombudsman,

Citizen Advice,

then gaining statements for every single month to prove payments if it matters,

 

 

I have copies of all these letters.

But pretty sure in a defence you can only have like 200 characters??.

And defence on what grounds....

 

I am truly thankful for any and all help,

Wayne

[AndyOrch]

Hi wayne and Welcome to CAG

 

If you could read the following link which explains the claim form process and then copy and paste the Q,s and your responses back here for further advice on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(4-Viewing)-nbsp

 

Regards

 

Andy

[wayne44]

Name of the Claimant - PRA Group

Date of issue - 21/02/2017

date to acknowledge = 11/03/2017

date to submit defence = by 4pm Friday 24/03/2017

 

What is the claim for –

 

 

1.The claimant claims for the sum of 7078.39 for the debt and interest.

2.On 11/6/02 the defendant entered into agreement with MBNA for a credit card under reference xxxxxxxxxxxx.

3.On 31/05/2010 the defendant defaulted on the agreement with an outstanding balance of 6895.76.

4.On 29/2/12 the debt of 6895.76 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.

5.Payments of 54.00 received up to 13/9/16

AND THE CLAIMANT CLAIMS

1. The sum of 6838.72

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 13/9/16 to 20/2/17 239.63 and thereafter at a daily rate of 1.50 until judgement or sooner payment.

What is the value of the claim – 7078.39 plus court fees

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account – This is for a Credit Card

When did you enter into the original agreement before or after 2007 – Before, over the phone, nothing was signed.

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 – The debt is with PRA Group as assigned, however the particulars don’t mention all the assigners. The time span is below

 

MBNA > Varde Investments (Experto Creite their Representative) > Aktiv Kapital > PRA Group (Aktiv Kapital is PRA, they changed their name)

Were you aware the account had been assigned – did you receive a Notice of Assignment – I have letter of assignment, although the assignment from Vade to Aktiv Kapital was sent in March 2012 not the 29/2/2012. And the letter of assignment just says Aktiv Kapital has recently purchased the account.

Did you receive a Default Notice from the original creditor - Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – There is yearly statements Experto Credite then a couple of years are missing. Then PRA group started sending statements from 2015.

Why did you cease payments – My father, the defendant’s husband was diagnosed with cancer while abroad, MBNA were made aware, my family’s finances were so limited none of us could pay, MBNA raised their interest levels. They sent a letter in May 2010 demanding payment or it will default. On the 30th of June he died. Which is the same day Experto Credite sent a letter of notification.

What was the date of your last payment – An agreement was struck with Experto Credite to pay £1 per month. She has never failed to pay the bill. It was discovered in January 2017 the pound was refunded. I investigated to find out Experto Credite is under liquidation. PRA never made us aware. I have letter with them saying they are in contact with them on each payment.

Was there a dispute with the original creditor that remains unresolved- Yes Credit Issues Ltd, put a request back in 2009 for a true signed agreement, plus all documents. I have some of the paperwork. They could never produce a true copy. It was then passed onto MJP Justice to continue. At this time the defendant has never received anything.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan –They examined the finances and offered 1% each month. They were told this was impossible and couldn’t reach that, expenses from abroad and everything else, they would not alter this and eventually assigned it onwards.

 

 

1. Is the fact that Experto Credite going into liquidation a factor in the case?
   
2. The amounts are also wrong, they state it defaulted with x amount which isn’t true it’s a little different?
   
3. Shouldn’t they have added Varde Internationals on the particulars?
   
4. Also statements show the amount received is different?
   
   As always thank you!
   Wayne
   

[dx100uk]

NOTE YOUR CORRECTED DATES ABOVE

re ack and defence filing..

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway 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.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

 

 

now you'll see numerous like claims here with the same players

all the companies you mention are all the same group vardi/EC/AK/PRA..

shame she kept paying £1...[after beign told theres no enforceable agreement..]

after paying? those fleecers at Yes Credit Issues Ltd then even more too? MJP Justice

how did she get involved with them?

[wayne44]

Hello dx100uk and Andyorch, thanks for the replies! im very grateful.

 

Im doing what you said and putting in the defence, ect.

 

She was in pretty bad depression at the time and thought it would make them stop, so agreed and kept her word and sent the money each month.

 

I knew someone who put my family in touch with Credit Issue and they passed it onto MJP Justice, saying its the best course of action.... With experience, maybe not the best decisions but at the time she wasn't thinking too straight.

[dx100uk]

Well they want shooting...

 

Anyway in the past now

 

Action all of post 4

[wayne44]

Can you or anyone please assist in helping me with understanding Section 140 CCA.

 

In my understanding if the agreement or any other related agreement during the whole period is considered an unfair relationship. A court may act. Correct?

 

I have done everything in terms of Requests to the Solicitor and Company and received nothing back still.

 

I have evidence of it signed from them.

I have been through alot of threads and signed agreements / default notices and such arguments rarely seem to work in court, and I want to add more.

 

I asked my mother to contact them (PRA), Saying immediately to the litigation department you do not acknowledge the debt and dispute the claim and will defend it.

 

However a family member in order to stop the harassment (which is me) offers 30% to settle it now so the defendant will stop being harassed.

 

They refused straight away saying the fact that payments were received (54 stated in the claim) is acknowledgment of the debt. I had the call recorded.

 

Which seems to clearly highlight their main/only basis of claim is on that?

But payments weren't sent to pra but experto.

 

Plus I am stating that this agreement was based on an unfair relationship,

in addition to the original agreement being unfair as it was sold while in dispute.

Also PRA have made plenty of errors and statements which confuse the matter for the defendant.

 

I am attaching paperwork I have which shows the issues, plus will write some points on it.

 

I need an honest opinion if this seems to fit to s140

 

FEB 2010 - Credit Issues stated after requesting the agreement, no true copy has been sent. They confirm they are disputing the agreement. please see highlighted

 

MAR-2010 - Dispute passed to MJP Justice to continue. please see highlighted

 

JUN 2010 - Credite Experto acting on behalf of Varde who apparently bought the debt. MBNA didn't deal with the dispute, just sold it. This was also the month of her husbands death, therefore mentally not capable.

 

AUG 2010 - She sent a letter to Experto giving circumstances , stating it was under dispute , telling them to communicate with MJP Representative

 

OCT 2010 - They refused to deal with the representative, constant harassing calls, got other DCA's to then harass on top. She has a report from virgin trying to block them for harassment.

 

JAN 2010 - Very aggressive DC began making veiled threats, please see attached for reference.

 

MAY 2010 - Due to her mental state, bereavement and harassment she stated she would pay something to be just left alone. She has always disputed the debt and never paid till here. Experto Sent a letter, a old friend paid the first one pound at the start of the month over the phone.

 

MAY 2010 - They send a default Notice she calls, disputes it, they demand another saying they never had it, she gives another on the 27th

 

JUNE 2010 - She pays again on the 1st They send a reminder of default, she disputes.

FROM HERE - Reminders are sent, calls telling her to pay more even though she cant.... NO Statements were received showing payments for 3 years! Also her original pound has been added on from a reminder, so they must have got it??

 

JAN 2015 - A statement from PRA, errors of original creditor, made up company... Stating Name change, is this a assignment?? Never received one from Aktiv

 

Jan 2016 - Statement, same incorrect... They call every now and then demanding full payment immediately, but no call logs.

 

Feb 2016 - general reminder... still errors, confusing to any person as that isn't a creditor you know of.

 

JAN 2017 - PRA Contacted saying they never receive payment, she disputes, they don't tell her Experto Credite is in liquidation. Also the letter says they bought it from MBNA... they didn't at all!

 

FEB 2017 - Letter before litigation, confusing legal jargon, statement of the life of the debt which isn't correct, missing loads.

 

COURT CLAIM

[dx100uk]

defence is not due till the 24th...

 

as already pointed out

all the companies you mention are all the same group vardi/Experto Credit /Aktiva Kapital/PRA..

 

don't think you

'll need the unfair relationship etc

 

KISS

Keep It Simple Stupid

 

twill prob be the no paperwork /holding defence in numerous threads here

[AndyOrch]

Section 140 CCA can only really be used against an original creditor claim...not when the debts been assigned.

 

You cant say the DCA has been unfair when he only bought it for £30 4 weeks ago ...hardly knows you:wink:

[wayne44]

See that is what is confusing because the legislation to me seems to address all creditors.... But I am no civil expert and wont pretend to be.

 

140AUnfair relationships between creditors and debtors

 

(1)The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—

 

©any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).

 

(2)In deciding whether to make a determination under this section the court shall have regard to all matters it thinks relevant (including matters relating to the creditor and matters relating to the debtor).

 

(3)For the purposes of this section the court shall (except to the extent that it is not appropriate to do so) treat anything done (or not done) by, or on behalf of, or in relation to, an associate or a former associate of the creditor as if done (or not done) by, or on behalf of, or in relation to, the creditor.

 

(4)A determination may be made under this section in relation to a relationship notwithstanding that the relationship may have ended.

[dx100uk]

yes but 1C says by or on behalf of...

 

 

neither fit ...the debt has been sold!

[AndyOrch]

Yes all creditors.......not DCAs....think you need to research assignment of debt and understand how the relationship/dynamics changes once your debt has been assigned (even though they will try to kid you otherwise )

[wayne44]

Thanks Andyorch for that! I get it...

 

I really want to come up for a defence to the money they received through Experto.

 

As this seems their main claim to the debt being acknowledged.

 

Well at least that's actually what they said over the phone.

[AndyOrch]

Thanks Andyorch for that! I get it... I really want to come up for a defense to the money they received threw Experto. As this seems their main claim to the debt being acknowledged. Well at least that's actually what they said over the phone.

 

Well that can be drafted into the standard holding defence ..but its more appropriate to expand on the history at Witness Statement ..which is later in the process should they wish to proceed.

[dx100uk]

Well at least that's actually what they said over the phone.

 

 

so you've rung them since the claimform?

 

 

when was this call and by whom?

[Tingeville]

Hi Wayne44,

 

Your case is far from unique it would appear.....the following is strikingly similar in most respects if you compare details....

 

As newbie couldn't post a direct link but.......

Hope the comparison is of some assistance

 

Good with the defence mate

Edited March 11, 2017 by Andyorch
External removed.

[AndyOrch]

Google search thread removed.....please do not direct our members to other forums.

 

If you have a similar claim please start a new thread of your own ..

 

Regards

 

Andy