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

[jon8214]

well done Betty

 

could you expand on what it got dismissed for please

[Betty55]

Well I had 2 main arguments.

 

There was no evidence that I got a copy of the agreement at time of signing as 2 of the conditions were on the envelope you post it in and were difficult to read and the agreement was not linked to the account number of claim in either the documents or claimant WS.

 

The 2nd thing was the Default notice provided by the claimant.

This was never served on me and the one they provided referred to a breach of the wrong conditions so not compliant with s88.

 

The judge decided the dn issues should be dealt with first as if that part of the claim failed there would be no point looking at the rest.

 

In relation to the dn the thing was printed on paper referring to the FCA when the FCA did not take over the regulation of consumer credit until over a year after the date on the DN.

 

I argued that there is no way that dn could be a an actual copy or photocopy of a Valid DN .

The claimant had not accounted for these issues in their SWS despite me raising them in my WS.

 

There was no evidence the dn was sent.

The judge said if the person who had written the statement was there and a witnesss from mbna then they may have been able to explain the systems for sending DNS and how they are copied.

 

I said I questioned the provenance of the DN.

plus there was a significant difference in the monetary demand on the dn and a statement I had dated a few days later.

 

I think the DN was cobbled together either by the OC or PRA hence the errors made on it.

Someone dropped the ball on that piece of fiction

Edited August 21, 2018 by dx100uk
spacing

[shamrocker]

Great news Betty! Hearing news of anyone getting one over on PRA/Aktiv Kapital gives me a bit of a thrill!

[Betty55]

Thank you. I think they may try again though which is a worry but I’m just so glad that I went through with it. I will have to wait see what happens next but they definitely do some creative documents. A case that helped me as had some similar issues was PRA v Segal ......same DN issue

[jon8214]

They can't try again Betty without a dam good reason and the courts permission, so I wouldn't stress about that possibility

[Betty55]

Really? I didn’t know if they were able to appeal it or have a second go.......it was nerve wracking but the DJ was good. It was listed for a whole day but was done in less than 2 hoursas he just tried the one issue

[dx100uk]

title updated

 

well done everyone

 

dx

 

 

please consider a donation to keep us here..

[Betty55]

Oh yeh and I’m sure their costs were listed as about 2k. Think I went into the wrong job!

[jon8214]

They can only appeal if the judge made an error in law in his decision and in this case he was correct under the CCA 1974

 

plus they would have asked at the end of the hearing for permission to appeal

[Betty55]

Yes special thanks to dx and Andy

Another donation just made

 

I didn’t hear the rep ask for appeal "............but I was a bit distracted by nerves. Will a copy of the result be sent to me?

[jon8214]

yes the court will send you a copy of the judgment usually take a week or so

[Betty55]

Great thanks jon

I was lucky to get a good DJ. Straight away he seemed to have a grasp of the errors in case

I got the feeling the rep knew too. Came straight to me when I arrived and asked if I’d like to make an offer for repayments

 

Rep was a barrister and knew his stuff

[AndyOrch]

Excellent result ...decent judge by the sounds of it who knew and followed the CCA1974.(for a change)

 

And considering this was Fast Track..even more impressive.

 

Given the claim was dismissed on a default notice issue...it would be pointless trying again as it cant be corrected after the event.

 

Well done Betty

 

 

Andy

[Betty55]

Thanks Andy

 

Yes the DJ said he could not be sure the DN was ever sent.

Don’t think he was impressed the author of the WS did not attend.

Plus a few of the points I made in my WS were not responded to in their SWS.

 

I think that legal judgement helped as its rather curious how the defendant in that case also got a copy of mbna DN off PRA and it referred to breach of the wrong conditions when comparing to the CA. The same conditions that was in the one they sent me. And it was a 2012 DN on FCA paper.

 

I have one question.

Can PRA issues a new DN?

I thought it was only the OC who can.

 

I think the DJ said something to their rep along the lines of “well unless you can issue a default notice start again with this ....”

I wasn’t sure if he WAS being serious

Edited August 22, 2018 by dx100uk
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[jon8214]

the OC is the only person that can issue a DN, DCA's cannot issue them

[victoria_siempre]

Hi Betty

 

 

I really should not worry; I had a very similar experience with MKDP around three years ago and have heard nothing from them since.

 

 

Love

 

 

Vic

[Betty55]

Thanks

 

I just want it to be over......... I have other battles ahead so will be glad to know this one is done with

 

Betty