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

[AndyOrch]

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

 

Yes...but dont request mediation or a months stay this time...the claimant has not issued any directions and simply disclosed a copy of the application and DN and a few statements.

 

There will have to be directions this time otherwise the court will set them at a Case Management Conference...and they will not be too pleased given this is Fast Track

[Betty55]

Thanks Andy I assume I can get a DQ off the court website to complete.

 

I will post on here when I have done it for checking if that’s ok so I don’t make any errors

[AndyOrch]

When your ready to complete it give me a nudge and will add further points

[Betty55]

Thank you Andy help is much appreciated

[Betty55]

I am completing the new DQ and wanted to check I am on the right track if anyone can help.

 

So far PRA have provided a

DN,

signed agreement,

one statement and

a termination notice.

 

It looks like the t&c’s don’t seem to be the correct ones as they start on number 3 and state ‘ refer to credi Agreement for conditions 1&2.

 

I also noticed the the t&cs they sent say that there is an £18 charge for default or going over the credit limit.

 

However, the statement they sent dated 2013 shows the default and limit exceed charges as being £12.

 

I don’t see how in 2002 (the Agreement date) that the charges would be £18 and reduce to £12 by 2013.

 

Makes me think the T&Cs are more recent than 2013 which means they couldn’t be the ones in place in 2002.

 

Could I be onto something or clutching at straws!!!!

 

Rough DQ but not sure for some questions Section A

No to a further stay?

I’m assuming if I’m saying no to a further stay I would have to say no to trying to settle the claim before hearing? During this stay period that is up on 22/01 I did not hear anything about mediation anyway

 

Section B

B1 blank

B2 yes local cc

 

C N/A

 

D1 no

D2 blank

D3 blank

 

D4 not sure what to put here. My last DQ requested the claimant file and serve all original docs including the Agreement/NOA/DN. They did send a DN but no NOA. There is the signed agreement but the T&Cs look dubious. They only sent one statement.

 

E blank

F myself

G less than a day 3/4 hours

H blank

I no

 

My previous DQ stated that the claimant had failed to submit directions and requested standard directions be applied along with standard disclosure. Would I say the same thing in this new DQ?

 

Any help appreciated thanks

[dx100uk]

all charges were reduced to £12 after the FSA investigation in 2006...

[Betty55]

Ah thanks dx. Was hoping that might show the t&cs were wrong

[dx100uk]

post 74

[Betty55]

Yes thanks dx those conditions don’t have numbers 1&2 and there are none on the Agreement.

[dx100uk]

BTW:

its NOT an agreement

its a 2002 signed application form that does not contain ALL the necessary prescribed terms on it.

page 2 is NOT its reverse its from 2013!

 

the rest of the T&C's pages are from jan 02 but ofcourse do not contain your name and address

ts could have come out of anyones filing cabinet

infact they could have downloaded them from here on other threads.

 

BOGPAPER!!

[Betty55]

Thanks dx, wasn’t sure what the agreement is supposed to look like

[dx100uk]

plenty of uploads in the numerous other claimform threads here from fleecing DCA's over an MBNA card debt.

VERY VERY few ever get enforceable paperwork out of MBNA

which is why they all tend to copy and paste fudged up paperwork

incase people want to be conned and give in at WS stage.

[Betty55]

I need to read more threads to understand the paperwork better so I know what I’m looking at.

 

I seem to have lost my MCOL ID and password and can’t log in

so will it be ok for me to send the new DQ by post?

 

If anything new has been submitted by the DCA would I be sent a paper copy of

 

would it only go onto mcol as I am unable to check?

 

From reading some threads am I right that i am supposed to try and agree directions with the claimant?

[dx100uk]

you are way passed the involvement of MCOL.

 

no you don't negotiate with the clamant on new DQ

 

you as they must send a copy of your DQ to each other I believe

 

andy will be around soon

[Betty55]

Thanks dx.

[AndyOrch]

Dont submit the DQ yet to your local county court..its requires tweaking as per previous post.

 

Andy

[AndyOrch]

I seem to have lost my MCOL ID and password and can’t log in

so will it be ok for me to send the new DQ by post?

 

If anything new has been submitted by the DCA would I be sent a paper copy of

 

would it only go onto mcol as I am unable to check?

 

From reading some threads am I right that i am supposed to try and agree directions with the claimant?

 

Directions are supposed to be set by the claimant and agreed between yourselves...it appears PRA do not understand the process of Fast Track claims and are dispensing with the need to set directions.

 

D4 leave blank.

 

 

Andy

[Betty55]

Thanks Andy, so leave D4 blank. I'm going to post tomorrow via next day Royal Mail . The stay was issued by Northampton cc so should DQ go to them?

[AndyOrch]

As the initial notification was from MCOL Northampton then yes return it back to Northampton

[Betty55]

Thanks Andy I will try an upload the DQ now but not sure if it will work as on phone

n181-eng.pdf

[AndyOrch]

I would put no for agree to attempt settlement.......they have already had a month and not attempted.....and state that as your reason for stating no.

[Betty55]

Ok thanks Andy.

 

The only thing is when PRA sent the requested documents to me they also sent a letter saying

 

“We are still willing to negotiatie to get this matter resolved. Pleas find enclosed a financial statement for you to complete and return to us”

 

They wanted to know all debts earnings outgoings etc.

I should have put the letter on here with the other stuff.

Sorry didn’t think.

 

They wanted it by 17th so they

“could consider any proposals in a balanced way”

but I didn’t want to fill it in as I thought that would be admitting the debt.

 

Not sure if I’ve done wrong thing now

but can’t say I trust them really giving them that info at this stage as wanted to check first they had all the right paperwork for court

 

Worried I’ve messed up now

[dx100uk]

well you haven't.

sending an I&E is not an offer of proposed settlement!

its an attempt to get ahold of personal info they have no legal right to see

unless a judge requests that info..

[Betty55]

Thanks dx was panicking then I should have put the letter up on here too really they wanted me to make a repayment offer and give all my info

[dx100uk]

so they sent an offer of settlement as well as the I&E...?

did they indicate what they would settle for?

or was simply make us an offer and we'll laugh at you cause we got all your pers details now sucker..