PRA claim form received - MBNA credit card debt

[Florence16]

Hi

 

Name of the Claimant ? PRA Group Ltd

 

Date of issue – 03.04.17

 

Date of to acknowledge - 21.04.17

 

Date to File Defence - by 4pm 05.05.17

 

What is the claim for –

 

1.The claimant claims the sum of £5,000 for debt and interest.

2.On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX.

3.On X/X/09 the defendant defaulted on the agreement with an outstanding balance of £5000.

4. On X/X/13 the debt was assigned to Aktiv Kapital who itself assigned the debt to PRA Group on X/X/14.

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

5.Payments of £600 received up to X/X/14

AND THE CLAIMANT CLAIMS

1. The sum of £4800.

2. Stautory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from X/X/14 to X/X/17 1000 and thereafter at a daily rate of 1.05 until judgment or sooner payment.

 

What is the value of the claim? £6300

 

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? PRA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, think so.

 

Did you receive a Default Notice from the original creditor? Not sure but likely.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes probably.

 

Why did you cease payments? Low income, family stress.

 

What was the date of your last payment? Sometime in 2016. I set up a debt management plan to pay off debts, not successfully.

 

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?? Yes.

.....

 

Having looked through the threads here I can see that I am not unique in this regard. I know this debt is enforceable if PRA has the original agreement though I don't know if they do have this or not.

 

I also realise that I have until Friday to respond to the claim.

 

 

Any help is much appreciated.

[martin2006]

If you have read similar threads then you know that you need to acknowledge the claim, defend all and leave jurisdiction unticked. All if the information you need to do the above is on the claim form.

 

Send a cca request to PRA

Send a CPR 31:14 to the solicitors acting for PRA.

[dx100uk]

please note your corrected dates for AOS and Defence filing.

 

 

was there ANY period of 6yrs whereby you didn't Pay or Ack the debt in a signed letter.

[martin2006]

Claimform says payments of £600 received upto 2014 and you say you made payments via a dmp until 2016 so SB is probably a non starter. You will need to look into a no paperwork / holding defence for now.

Let us know if you get any responses to either the cca or cpr requests.

[dx100uk]

On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX.

I was wondering if this might have been a dca that rolled up and the OP fell for their threats after many years of not paying as the account originates from 2002

 

 

 

[martin2006]

The 2002 agreement, or lack of in terms of enforceability may well be the saving grace.

[dx100uk]

15yrs is a longtime for the OC to hold onto a card account, as we know from here MBNA dumped them out years ago when they were sold to the americans, though I think somewhere here it states that now one of the UK banks have bought the debts back to our waters.

 

lets see what the OP gives us in terms of the time line on this debt. might be a cash cow account......

 

it smacks to me there could well be a long period of low or no payments....theres always hope where 15yrs have ticked.

[Florence16]

Many thanks for your replies.

 

I have made payments on and off since 2009. There might be a year or so without payment but not much longer.

I was hoping to offer a reduced payment to settle this but never got enough money together.

 

I had another MBNA account that is probably unenforceable although I do still get letters about it (also PRA).

That was originally Bank of Scotland but this account was with MBNA only.

[martin2006]

does the account still show in your credit file under MBNA or PRA?

 

you can check for free at

 

http://www.clearscore.com and http://www.noddle.co.uk

[Florence16]

No, this account is not showing. There is no mention of PRA or MBNA on my Clearscore or Noddle reports.

[dx100uk]

so would of been defaulted years ago and has been removed when the defaulted date passed its 6th birthday.

shame you've always paid

 

follow the guide in post 2 then AOS/CCA/CPR

[Florence16]

OK, feel a bit stunned by that. I probably should have realised that before.

 

I will respond as advised and report back. Thank you.

[dx100uk]

stunned about what?....

 

anyway.......

 

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

 

and DONT MISSING YOUR DEFENCE FILING DATE WHATEVER HAPPENS

[Florence16]

Hi

 

Feel a bit stunned because I have paid on a defaulted debt, though admittedly not paid very much.

 

I sent the two letters to PRA last week as suggested. There were no solicitors mentioned on the form, the only address was PRA.

 

Also responded on MCOL.

Edited May 3, 2017 by Florence16

[dx100uk]

defence due Friday by 4pm

get moving!!

post up your ideas

[Florence16]

Not sure if SB applies so should I say unenforceable? Sorry don't have any other ideas.

 

I have not received any paperwork from PRA yet.

[dx100uk]

sadly its called research= self help.

 

 

use the search CAG box of the read top toolbar

copy your thread title in there

 

 

holding/no paperwork defence

 

 

post up your ideas

we'll advise adaptions.

 

 

dx

[Florence16]

OK, so here goes... I am not sure about saying I dispute receiving the letters of assigment because I did find one of these in an old folder of cc statements.

 

Defence

.

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.

.

*

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and MBNA Credit Card dated on or about 03/07/200x

 

2. And assigned to the claimant on 31\12\2014 in the sum of 5000

 

Defence

 

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.

 

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over 5 years ago.

 

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is 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.

 

5. On the 25/04/2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

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

*

[martin2006]

Ok you have repeated the paragraph headed defence so that will need to be removed.

 

From Paragragh 2 is denied.

The following amendments will be needed. Just change the oaragraph to whats below.

 

2. Paragraph 2 is denied. I am unaware of any legal assignment pursuant to s136 of the Law of Property Act 1925 nor do i recall ever receiving any Notice of Assignment from the Claimant on or around 31/12/2014 or at all.

[dx100uk]

you really need to base your defence on YOUR POC!!

 

 

1.The claimant claims the sum of £5,000 for debt and interest.

2.On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX.

3.On X/X/09 the defendant defaulted on the agreement with an outstanding balance of £5000.

4. On X/X/13 the debt was assigned to Aktiv Kapital who itself assigned the debt to PRA Group on X/X/14.

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

5.Payments of £600 received up to X/X/14

AND THE CLAIMANT CLAIMS

1. The sum of £4800.

2. Stautory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from X/X/14 to X/X/17 1000 and thereafter at a daily rate of 1.05 until judgment or sooner payment.

post 37 here

 

 

is good

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?467751-PRA-group-claim-form-old-Lloyd-s-loan-debt-***Claim-Discontinued***

[martin2006]

Oooops, i should have scrolled to the top fir the full PoC and not just looked at the OP previous post.

Agree with dx, your defence must counter each and every paragraph in the PoC.

 

Anything you dont counter will be taken as admitted.

[Florence16]

Hi

 

Thank you for your replies. The figures are not the same because I changed them when I first posted. I have added something about the interest. The assigned total was 5447.86 but the claimed total is 5829.62, plus court fee and legal costs making a total amount of 6339.62.

 

------

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and MBNA Credit Card dated on or about 03/07/2002. In addition, the claimant claims statutory interest pursuant to Section 69 of the County Courts Act 1984.

 

2. And assigned to the claimant on 31\12\2014 in the sum of 5447.86.

 

Defence

 

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.

 

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

The claimant is denied from adding Section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I do not recollect the precise details of this agreement and have therefore sought clarity by way of a Section 78 request to the claimant. As of this date the claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance.

 

2. Paragraph 2 is denied. I am unaware of any legal assignment pursuant to s136 of the Law of Property Act 1925 nor do i recall ever receiving any Notice of Assignment from the Claimant on or around 31/12/2014 or at all.

 

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is 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.

 

5. On the 25/04/2017 I made a legal request by way of a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

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

*

[dx100uk]

your defence needs to be cpr compliant

which is why I pointed you to post 37 in that thread.

 

 

you've not mentioned when you sent the CPR nor who to...

 

 

and the bits added about strict proof do not belong under point 2

[Florence16]

Hi

 

I have tried to answer the points though it is a bit repetitive. Does 5. need a reference to s78 or should that be CPR?

 

I did read post 37 and it says the requests were sent with the date so I have added the dates and "sent to claimant" to clarify that.

 

There are no solicitors on the claim form only PRA so everything has been sent to them. Also there are no paragraphs, just one long bit of text, though I realise that here paragraphs mean legal points to answer.

 

 

1.The claimant claims the sum of £5,000 for debt and interest.

2.On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX.

3.On X/X/09 the defendant defaulted on the agreement with an outstanding balance of £5000.

4. On X/X/13 the debt was assigned to Aktiv Kapital who itself assigned the debt to PRA Group on X/X/14.

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

5.Payments of £600 received up to X/X/14

AND THE CLAIMANT CLAIMS

1. The sum of £4800.

2. Stautory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from X/X/14 to X/X/17 1000 and thereafter at a daily rate of 1.05 until judgment or sooner payment.

 

 

-----

Defence

 

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.

 

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of agreement/contract/breach, as requested by CPR 31.14 sent to the Claimant by recorded delivery on 25/04/2017 and a Section 78 request sent to the Claimant by recorded delivery on 29/04/2017.

 

2. Paragraph 2 is noted. However I do not recall the details of this credit card account or of any agreement entered into with MBNA around 03/07/2002 and therefore have sought clarity by way of a Section 78 request sent to the Claimant by recorded delivery on 29/04/2017. The Claimant has yet to reply.

 

3. Paragraph 3 is denied. I do not recall the exact date or nature of any breach. Therefore I have sought clarity by way of a CPR 31.14 request sent to the Claimant by recorded delivery on 29/04/2017. The Claimant has yet to comply.

 

4. Paragraph 4 is denied. I am unaware of any legal assignment pursuant to s136 of the Law of Property Act 1925 nor do i recall ever receiving any Notice of Assignment from Aktiv Kapital around 29/02/2012 or from the Claimant on or around 31/12/2014, or at all.

 

5. Paragraph 5 is denied. The Claimant is denied from adding Section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I do not recollect the precise details of this agreement and have therefore sought clarity by way of a Section 78 request to the Claimant. As of this date the Claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance.

 

6. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

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

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, if the Claimant is 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.

 

9. On the 25/04/2017 I made a legal request by way of a Section 78 request sent by recorded delivery to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

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

*

[dx100uk]

too repetitive on CCA/CPR

 

 

why cant you simply adapt that post 37 below to your detailsswithout changing anything but your details.....?

...?

 

1. Paragraph 1 is noted.Although the claimant is denied from adding section 69 interest to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all. I have in the past had financial dealings with Lloyds ,I do not recollect the precise details of this agreement and have therefore sought clarity by way of a section 77 request to the claimant.As of this date the claimant has failed to comply with my request and is therefore prevented from seeking or requesting any relief until such compliance.

 

2. Paragraph 2 is denied I do not recall the exact date or nature of any breach Therefore I have sought clarity by way of a CPR 31.14 request sent signed for on 3/08/2016 and showed as received signed for on 5/08/2016. The claimant has yet to comply.

 

3. Paragraph 3 is noted although I do not actually recall ever receiving anything purporting to be a Notice of Assignment in accordance with S136 Law of Property Act 1925.

 

4. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears

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

 

5. As per Civil Procedure rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

 

6.On the alternative, as the Claimant is 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.

 

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