Backdoor CCJ PRA Group NI - old MBNA card debt

[daglenman]

 I found out in 2018 that I had a Ccj taken out against me in May 15 by the PRA group.

It relates to an old MBNA credit card that I had taken out years before in 2006.

I was unaware of the Ccj for over 2 years as it was sent to an old address or never sent.

I pretty much ignored it when I found out about it as I was caring for my elderly mother at the time and hadn't the time to fight with them.

 

In 2018 I was contacted by the Enforcement of Judgements Office in Northern Ireland and interviewed about the debt.

This then made me look into it further.

 

Following some research I sent a request to the PRA group for a copy of the original credit agreement as the debt was pre 2007.

The replied stating they could not provide this and the debt was unenforceable.

 

They then wrote to me again and said they had sent this letter in error and said they had a CCJ  that should be enforced.

What I think they mean't was that they didn't mean to let me know that they couldn't provide the original copy!

 

If I had had a chance to defend myself originally could I have blocked their CCJ by proving they could not provide the original credit agreement as required by consumer law?

I'm new to this so still learning. 

They now have a firm if solicitors hassling me with further action.

The original debt was just over 4k which I acknowledge I owed to MBNA but these people are looking over 8k.

I made a payment under pressure due to mental health problems in 2014ish so its not statute barred. 

Any help would be much appreciated.

They say that if I don't fill in an income and expenditure form by the end of July they will commence further enforcement action.

 

Thank you in advance. 

[AndyOrch]

Hi and Welcome to CAG

 

I have moved your thread to the Financial Legal Issues forum in view of the judgment. 

 

Do you reside in NI now...?

Where was the judgment given ?

Could you expand on " I was interviewed about the debt  " ?

 

Always important to inform all creditors old and new of COA

 

So yes if you had defended the initial claim and requested a copy of the agreement .....possibly they couldn't comply and most probably discontinued the claim

 

How much was the original judgment for  ? and did it include interest ?

 

Andy

[daglenman]

Hi Andy

 

Yes I'm in Ni now and I believe the judgement was given at Belfast County Court.

 

The Enforcement of Judgements office rang me to come for an interview at their office, told me what it was about and advised me to get in touch with the PRA group to sort it. That's when I sent the request for the original agreement which they couldn't do. They then sent me a further letter saying they made a mistake sending that letter. 

 

I didnt know who PRA Group where so I couldn't let them know of the COA.

I could have informed the last owner which was another company whose name I forget. 

 

I haven't been able to defend anything in Court as I was not aware of the CCJ or I would have dealt with it in 2015 when they got it. They only approached me 3 years later to try and collect. 

 

The original judgement was for £7250 and must have included interest as the original default in 2010 was for just over 4k.

 

I had a lot of debt around that time and stuck my head in the sand and ignored it.

If I had of been able to defend it at the time would their inability to produce the original copy of the CCA have been enough to get it set aside?

I'm probably too late? 

 

Thanks. 

 

Jim

 

Ps. The PRA group in one of their letters directed me to the Financial Ombudsman and I complained to them.

About 6 months later they replied stating they didn't deal with legal issues! 

 

Jim

[dx100uk]

ir would be extremely useful if you could find out whom you informed of your correct address as if they are part of the PRA group, IMHO you could well have a very good reason to set the org CCJ aside, that would reset it to defence filing stage if they pushed it further.

you might even get PRA to agree to do it FOC to you.

 

think that's correct..

 

dx

 

[AndyOrch]

Have you got a copy of the original claim form .....really need to check the particulars of claim .....a debt cant double from 4 -8 K in 5 years if it was originally defaulted at 4K.

[daglenman]

I can find nothing from that time about who I informed of the COA. I never thought I'd need it.

I don't think I ever received a claim form.

 

Is there somewhere I could get it from? 

I have some letters from their solicitors, Shoosmiths?

They say the CCJ is for £7250 but they now want £8050 - they have added money on for some reason.

Would the court have added money on?

Apologies, I'm not helping much as I don't have much to go on. 

 

Jim

[AndyOrch]

Do you have a judgment claim number ? Check your letters from Shoos 

 

Ring Belfast County Court. and request a copy

[daglenman]

I have on one of their letters. I will do it first thing tomorrow. 

 

Many Thanks

 

Jim

[AndyOrch]

Info gather is the key here..once you have details of the claim it will provide the original creditor name.....once you have that do a SAR to them(MBNA) and get all your data and charges and balances etc.

[daglenman]

I think I might have already done this.

 

I asked for a SAR to see if they could provide a copy of the original signed CCA and they couldn't (see attached) and told me the debt was unenforceable.

 

They then wrote to me saying they shouldn't have sent it.

- what they really meant was they shouldn't have told me!

 

They enclosed a copy of the MBNA balance but it was just all charges at the end.

I have attached the last page.

I genuinely don't remember it being that high. 

 

Jim

Other attachments. 

 

[dx100uk]

multipage PDF only please

read upload

and remove your name!!

 

dx

 

[daglenman]

Have these been removed? I will try again tomorrow in work and convert them to PDF files. I only have access to my phone after work. 

 

Jim