PRA Claimform - old MBNA Card debt now Lloyds Card 3

[webbscatering]

Which Court have you received the claim from? Northampton bulk

 Name of the Claimant? PRA Group (UK) Limited

How many defendants joint or self? Self

Date of issue –  7 Sep 2023

 Date  to acknowledge) = 25/09/2023

Date to submit defence = 09/10/2023 (33 days in total)   

Particulars of Claim  

What is the claim for – the reason they have issued the claim?

1.The claimant claims the sum of £1811 for outstanding debt owed.

2.On 11/05/2017 the Defendant entered into an agreement with Lloyds Bank Plc. For a credit card 16 digit number.

3. On 29/04/2019 the defendant defaulted on the agreement with an outstanding balance of £1811.

4. On 08/12/2020 the debt of £1811 was assigned to PRA Group (UK) Limited. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925.

AND THE CLAIMANT CLAIMS 1. The sum of £1811

 What is the total value of the claim? £2006

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007? After
 

Do you recall how you entered into the agreement...On line /In branch/By post? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...)? Yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim?. Debt is assigned and Debt Purchaser has issued the claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? I fell into debt after my wife suffered a prolapsed disc and was unable to work for a long period of time plus Covid lockdown forced us to rely on credit cards to get us by
 

What was the date of your last payment? Unknown

Was there a dispute with the original creditor that remains unresolved? No 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes we did make contact but no debt plan was made
 

 

 

[fkofilee]

MBNA maybe? I ask as Lloyds bought them

[dx100uk]

one poss yes

easy way is to type in the 1st 6 digits of the card here:

BIN Database : Lookup & identify card issuing bank and country

WWW.BINDB.COM

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Credit card BIN Database search. IIN lookup identify card issuing bank name, debit and credit cards, country based on Issuer Identification Number data.

do this for each of your threads please

please note your corrected dates for AOS + Defence as the guide says the claimform date in ONE in the count!!

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[webbscatering]

MBNA EUROPE BANK LTD

MCOL AOS - Completed
CCA Request - Done & Posted
CPR letter - Done & Posted

thanks

webbs

[fkofilee]

On 10/09/2023 at 07:18, webbscatering said:

MBNA EUROPE BANK LTD

Thats Lloyds for you then  

https://www.lloydsbankinggroup.com/assets/pdfs/investors/investor-news/archive/2016/2016dec20_lbg_mbna_acquisition.pdf

[webbscatering]

Hi Everyone,

apologies for the delay in posting been on holiday for 2 weeks, anyhow returned to this letter and that's it at the moment

thanks

Webb

006 PRA Group Reply 18-09-2023.docx.pdf

[dx100uk]

On 09/09/2023 at 20:59, webbscatering said:

Date to submit defence = 09/10/2023 (33 days in total) 

and what are they going on about you filed a cca request and a cpr request not an sar...office junior error i expect?

dx

 

[webbscatering]

Defence to be filed tomorrow, so far they have not complied with my CCA or CPR request.

Is this still the correct form to use?

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

due monday by 4pm

looks ok let @Andyorch check it please

 

[AndyOrch]

[webbscatering]

brilliant thank you

Defence Filed

[webbscatering]

Recent corespondance from PRA

 

2023-10-12 PRA note you've defended heres the NOA rest to come.pdf

[dx100uk]

Lloyds Bank buys MBNA credit card firm for £1.9bn

WWW.BBC.CO.UK

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Lloyds Banking Group is to buy credit card firm MBNA from Bank of America in £1.9bn deal.

name showing

please take the trouble to DATE and Name your PDF file uploads

[webbscatering]

Good Afternoon Everyone,

again apologies for not posting sooner

but have not received "Notice of Proposed Allocation to Small Claims Track"

should I contact the court to see whats happened as I've got the paperwork for claims 1 & 2 but not this one?

also pra has not complied with my CCA or CPR request or anything.

many thanks

Webb

[dx100uk]

?????

you wont yet dq180 is next if the claimant wants to move fwd

read the court letter you got and keep an eye on mcol claim history

 

[webbscatering]

Evening and Happy New Year,

received this email yesterday and so far I haven't replied. Out of the three cases brought against me, this is the only one going to mediation and quite frankly I don't have a clue what to do.

PRA have not sent me anything to back up their claim, so again I'm worried about what I have to say over the phone

thanks

Webbs

 

Mediation Appointment Confirmation - Claim Number K6HB.pdf

[webbscatering]

Morning Everyone,

is it okay to reply to the courts today that I'm happy to with this?

Important mediation requirements

Please read the following statements - mediation is only available if you can answer yes to all 3:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I'm available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected]

Many thanks

Webbs

[AndyOrch]

Can you answer yes to all 3 ? If not inform the court mediation and cancel.

[webbscatering]

Hi Andyorch,

to be honest, I can only answer number 3, PRA has not responded to my CCA or CPR request so there is no information regarding the debt.

thanks

Webbs

[AndyOrch]

Then the decision is made for you  = no.

[webbscatering]

thankyou Andyorch