PRA Claimform - old MBNA Credit card debt ***Claim Dismissed no DN***

[AndyOrch]

If your court has a copy they can email it to you....if not you should be asking why they have accepted it...we can get yours filed on time...better to have it correct...even if the claimant cant get it right.

[Betty55]

Thanks Andy will get on it first thing. Day off tomorrow so will hopefully get it sorted.

 

Sorry forgot to check the DQ came from Northampton

I’m assuming I contact them?

Or is it my Local CC?

[AndyOrch]

Its allocated out of Northampton now so it should be with your local CC.

[Betty55]

Great thanks Andy will ring tomorrow

[Betty55]

Today I have spoken to the local county court who advised me that the file has not been transferred to them yet.

 

I called the Northampton court who told me that the only information they have is that the claimant submitted their DQ but they know nothing about directions being submitted?

 

Should I ring PRA.

 

I never ring those people so not sure what to do?

 

Or am I to assume PRA have not bothered with submitting directions?

[AndyOrch]

Yes ring PRA and request a copy...ask them to email you.

[Betty55]

I’ve spoken to PRA .

 

Was told that there is no additional directions and that they have indicated in their DQ that they want a month stay, the case to be fast tracked etc.

 

He did not seem to fully understand what I was asking for and told me that I have been sent a copy of what was submitted at court (the DQ).

 

The person I spoke to said they want to settle and would I like to talk about it.

 

I told him I am still waiting for the paperwork to support their particular of claim.

 

Apparently they have now received this from MBNA and will send this out.

 

He made a point of telling me I apparently owe them £18k even though over £4K of this is interest they added at 8% at the time they submitted the claim and has not been agreed by the Court.

[AndyOrch]

Fair enough they want the Court to set Directions (not usually normal in FT claims)

 

So go a head and submit your DQ and in I State that the claimant has failed to submit directions and that you respectfully request that Standard Directions be applied along with Standard Disclosure.

[Betty55]

Thanks Andy

If it’s ok can I post my DQ answers on here for checking before I send them as there are a couple I’m unsure about

 

I would be grateful if anyone can check my DQ before I send as there are a couple of questions I am unsure about still. Thanks

 

A1. Yes

 

A2. Don’t know whether to say yes or no to a one month stay. PRA group have said yes to a one month stay in their DQ

 

B.1 says high court only so do I leave blank?

 

B.2 yes, my local cc and I am the defendant

 

C no

 

D1.no

D2 and D3 blank

 

D4. The Claimant do file and serve all original documents including the Agreement/Notice of Assignment/Default notice as refereed to in it’s particulars of claim

 

E blank

 

F my name ( in the box saying witness to which facts do I state ‘the whole claim’?)

 

G 3 to 4 hours

 

H blank

 

I: no to applications and in the main box in I : The claimant has failed to submit directions. I respectfully request that Standard Directions be applied along with Standard Disclosure.

 

I know I have to send a copy to PRA Solictors but do I send them a signed copy with my signature?

[AndyOrch]

I would be grateful if anyone can check my DQ before I send as there are a couple of questions I am unsure about still. Thanks

 

A1. Yes

 

A2. Don’t know whether to say yes or no to a one month stay. PRA group have said yes to a one month stay in their DQ Yes

 

B.1 says high court only so do I leave blank? Yes

 

B.2 yes, my local cc and I am the defendant

 

C no

 

D1.no

D2 and D3 blank

 

D4. The Claimant do file and serve all original documents including the Agreement/Notice of Assignment/Default notice as refereed to in it’s particulars of claim

 

E blank

 

F my name ( in the box saying witness to which facts do I state ‘the whole claim’?) Correct

 

G 3 to 4 hours

 

H blank

 

I: no to applications and in the main box in I : The claimant has failed to submit directions. I respectfully request that Standard Directions be applied along with Standard Disclosure.

 

I know I have to send a copy to PRA Solictors but do I send them a signed copy with my signature? No

 

Andy

[Betty55]

Thanks Andy.

I will send by next day special to court so it’s in for 23rd.

 

I’m assuming that I can just send PRA copy in normal mail as it’s only the court who have to have it by 23rd?

[AndyOrch]

Thanks Andy. I will send by next day special to court so it’s in for 23rd. I’m assuming that I can just send PRA copy in normal mail as it’s only the court who have to have it by 23rd?

 

Correct

[Betty55]

I have received notification from the Court that the claim has been stayed until 22nd January.

 

I have also now received paperwork from PRA in response to my CCA and CPR request.

 

I am not sure if the dates make sense on the paperwork.

 

Is the date that you are alleged to have entered into a credit agreement the same date as when you sign an application form?

 

The date the claimform alleges I entered into an agreement is not the same date as the CCA form they sent me was signed.

 

The default notice seems to be a different date and I have not been sent a notice of assignment. I will try to upload the documents if anyone can advise me if they look legit.

docs1.pdf

[AndyOrch]

What date did you sign the application/agreement (date blanked out)

[Betty55]

The application they sent was signed on the 30/07/2002. Sorry I blanked out more than I should. The claim form says I entered into an agreement on the 14/08/2002

[AndyOrch]

So 2 weeks to process/execute the application...nothing unusual there

[Betty55]

Also the default notice they sent is dated February 2013 but the claim form states I defaulted on 30/03/2013

[AndyOrch]

What date in Feb 2013...again you have blanked the dates out.

[Betty55]

The default notice dated 4th February 2013.

[AndyOrch]

To remedy by the 25th Feb..the prescribed 14 days...and the default registered on your CRA 30th March 2013...(Which will be the date/source the claimant used in their particulars).

 

Irrelevant really Betty

 

Andy

[Betty55]

Ok thanks Andy. I did not get a notice of assignment from them. Don’t know if that makes any difference? Looks like I’m going to have to pay it then. Till I’m 100 years old probably

[AndyOrch]

Well they will have to disclose sufficient proof of a NOA being served and with regards to the actual agreement...within the T&Cs it states " please refer to the actual agreement for conditions 1&2."

 

There are no conditions listed on the actual application form...so its safe to assume that those T&Cs are not the correct ones form the inception of the agreement...and therefore they remain in default of your section 78 request...so not all lost yet.

[Betty55]

Thanks Andy.

I was losing hope.

 

I was wondering why the conditions started at number 3.

 

The claim Is stayed until 22nd and by that date either the claimant has to notify the claim paid in full;

I or the claimant has to request an extension and steps being taken towards settlement or all parties have to file a DQ .

 

So I either need to ask for more time or file a DQ I assume?

 

What happens if I do nothing will i just be sent a court date?

[AndyOrch]

Just submit a further DQ by the 22nd Jan (copy your last 1)

[Betty55]

Thanks Andy. The standard order for stay says all the parties must file a completed DQ at court by 22nd January but I just ignore that and wait to see what they do next? Sorry to sound dim but the way it is worded makes it sound compulsory but I did file a DQ previously with my defence.

 

Thanks Andy so just submit the same one? Should I mention the lack of NOA and the terms and conditions issue in the DQ? Thanks