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

[Betty55]

Thank Andy.

Yes I see.

Keep any of that to myself.

Will it be of any use that the one from PRA is different from the original?

 

Also they have listed a lot of documents they have to disclose.

I have to request what I want from them I was thinking of asking for all of it.....

..or is that just being greedy

[AndyOrch]

Request the lot....the original DN may be useful...lets sleep on it and see as we approach your witness statement.

[Betty55]

Thanks Andy for your help much appreciated. Final question in order to request the documents they have is there a special form for that or just send a letter asking for everything?

[AndyOrch]

Letter or email...and list the documents you require.

[Betty55]

Thanks will do. Can’t wait to see what they send. I will send the N265 by special delivery tomorrow one for claimant and one for court

[AndyOrch]

Bit late but worth a read.....

 

http://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/disclosure-of-documents

 

http://www.johnantell.co.uk/completing-form-N265

 

And you can complete it on screen

 

https://www.gov.uk/government/publications/form-n265-list-of-documents-standard-disclosure

[Betty55]

Thanks Andy will have a look

[Betty55]

Hi all

 

I have now received the disclosure pack from the claimant and am reading up other threads before I start my witness statement.

The claimant has sent me over 160 pages and I have been through it all.

 

I have noticed a few things that I am going to put into my witness statement but wanted to check I’m on the right track.

 

1) the Agreement is missing clauses 1 & 2 and begins at clause 3. Looks like a page is missing.

 

2) the default notice is different from the original (I have the original) in a number of ways. my name and the date is written differently, the original states I have breached clauses 1&2 and the copy states I have breached clauses 1& 8. They are both signed by different people too. Clearly they have hashed together the default notice

 

3) the termination notice is also different from the original one I have

 

4) on the claimform, the claimant says the debt was assigned to PRA on 22/05/13 but I have a NOA from PRA saying it was assigned to them from activ capital on 16/01/15. I have a letter from MBNA dated 15/03/2013 saying they were going to transfer the debt to activ capital but they have sent me the deed of assignment which shows the debt was sold to activ kapital on the 23/10/2012. My termination notice is dated 12/04/13 but the debt was already sold 6 months earlier.

 

I’m just trying to see if any of this is useful for my witness statement and if i am on right track.

I know the T&Cs are missing the first 2 conditions which is important and the DN they sent says I breached conditions 1 & 8 .

 

In the T&Cs they sent condition 8 relates to debits and credits nothing to do with non payment but then their DN notice is very different from the one I have.

I’m hoping they have made a huge mistake with this made up DN

Edited May 7, 2018 by dx100uk
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[AndyOrch]

All valid points Betty.....any chance you can upload their WS redacted ?

 

what date must you serve your WS ?

 

Andy

[Betty55]

Hi Andy

I have not had a WS from them yet as we have until 21st may to submit.

I have just been going through their disclosure pack looking for anything I can use in my WS.

 

The DN is definitely a type up and refers to a breach of clause 1 that is not even in the CA they sent as the condition start at no. 3. And a breach of clause 8 that is nothing to do with repayments.

[AndyOrch]

Ah okay so still time for them to serve it.

[Betty55]

I now have the claimants WS and am working on mine to submit later this week.

I will try to upload it and. Would appreciate any advice.

 

At the moment I am looking at 3 main points for my WS

 

1. That the credit agreement in non compliant missing first 2 conditions, looks like a page is missing, no credit limit or interest rate

 

2. The DN they have submitted I have not seen before and states I breached conditions 1 and 8. There is no condition 1 on the CA it is missing. Condition 8 refers to credits and debits (we will debit the account the amount of any transaction, any interest etc etc)

 

3. The interest. They are seeking 8% interest from 2013 to 2017 almost 5k.

I’m going to try and find what year the conditions they sent me as part of the CA are from as I imagine they may not be from 2002.

 

Hoping I’m on the right track with this

[jon8214]

can you upload their WS and any relevant exhibits minus pets info of course

[Betty55]

I am trying to upload the WS but having problems will keep trying

 

Thanks DX yes I am struggling to get some to merge into one.

 

The other thing is they claimant has sent 150 pages of stuff for their evidence

 

most of it is deed of assignment redacted and pages of transactions from 2002 to 2013.

 

I think that stuff might be irrelevant so was focusing on the CA, DN and their WS.

I haven't got a scanner.

Do I need to send all 150 pages?

Thanks

Claimtants WS,,.pdf

[dx100uk]

Claimants WS in above post

 

 

dx

[dx100uk]

you indicate you have the DEED of assignment?

[Betty55]

Thanks dx for that I am doing this on phone until internet fixed.

Yes they have sent 2 deed of assignments 90 odd pages of a lot of stuff.

 

I can't make sense of a lot of it.

Commercial jargon.

Parts are redacted too.

 

I can use that office lens to copy the pages tonight after work.

I also noticed the CA says application form at top I'm assuming it's the same as credit agreement.

 

I've been trying to find a MBNA CA from 2002 to see what one looks like.

[dx100uk]

a FEW Application forms WERE enforceable

take you time no rush

[shamrocker]

Betty - has the application form you received from them got your signature on it?

[Betty55]

a FEW Application forms WERE enforceable

take you time no rush

 

I am a bit worried as have to have my WS sent by end of week but will type up what I have done so far tomorrow.

 

Yes it’s in post 143 with their WS

[shamrocker]

Yes it’s in post 150 with their WS

 

I can't see where it might be. Can you give me more details of which page it's on please?

[Betty55]

Yes it’s in with the WS at post 143

[dx100uk]

Full copy in post 65

[Betty55]

dx can I ask about the deed of assignment they sent me.

 

I am trying to put the first one into a PDF but I’ve read through them but to be honest I’ve never seen one before.

 

Is there anything in particular I should look for?

 

Or is it likely not to be relevant to my WS anyway?

 

It’s about 90 pages worth ����

Edited May 14, 2018 by dx100uk
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[dx100uk]

we rarely get to see them anyway

it would only be useful to check to disprove or prove things in their POC, your defence, or either WS.

or prove or disprove lies/misinformation.

 

ie this in the POC say..and the Deeds says something completely diff.