PRA Claimform - old MBNA card debt now Lloyds Card 1

[webbscatering]

Which Court have you received the claim from? Northampton

 Name of the Claimant? PRA Group (UK) Limited

How many defendants joint or self? Self

Date of issue –  7 Sep 2023

 Date of issue  to acknowledge) = 25/09/2023

date = 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 £3529 for outstanding debt owed.

2. On 18/11/2016 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 £3529.

4. On 08/12/2020 the debt of £3529 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 £3529

 What is the total value of the claim? £3814
 

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
Received three claims forms for credit cards taken out with Lloyds Bank in 2017, I've never had a Lloyds credit card!

Yes I did have credit cards back in 2017 but definitely not with Lloyds Bank.

The debt has been assigned to PRA Group (UK) Limited

 

[dx100uk]

please note your corrected dates for AOS/Defence

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]

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

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

---

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

 

[webbscatering]

MBNA EUROPE BANK LTD.

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

thanks

webbs

[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]

Yes that's okay.

 

Andy

[webbscatering]

brilliant thank you

[webbscatering]

Defence filed

[webbscatering]

Recent corespondance from PRA

 

 

2023-10-12 pra.pdf

[dx100uk]

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 been away for 5days on a training course, opened this when I got back yesterday, but still has not complied with my CCA or CPR request or anything.

many thanks

Webb

23-10-2023 Notice of Proposed Allocation to the Small Claims Track - £2960.pdf

[dx100uk]

read it properly eh?

its acopy of  letter to the claimant informing them you have defended.

should they wish to move the claim fwd, then they need to file DQ180

dx

 

[webbscatering]

Received Direction Questionaire for this claim only, checked MCOL no other forms have been submitted by the Claimant

 

[dx100uk]

removed all your single page pdfs

read upload and put them all in ONE MULTIPAGE FILE we cant be here allnight downloading single sheets!

we dont need to see it we know what one looks like....

does mcol say the dq n180's have been sent by the court...if so...follow below

 

dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[webbscatering]

Hi Guys,

something has gone wrong, 100% I sent off the DQ's and now I get this telling me I failed to send it, plus this letter is dated 5th January and the DQ needs to be there tomorrow.

I'm working tonight and can't do much till after nine o'clock

thanks

Webbs

 

General Form of Judgement or Order B9H3X edited.pdf

Edited January 11 by webbscatering

[dx100uk]

simply re send a copy of your DQ N180 .....

For DQ N180 ONLY with email heading 'Directions Questionnaire' use [email protected]

dx. 
 

[webbscatering]

thank you DX

[webbscatering]

Evening Everyone,

Just returned from abroad and received the witness statement from PRA, along with a bumper pack of account statements.

The court date is on the 4th of April

On 27/12/2018, I sent the credit card back to MBNA (not maxed) stating my wife and I were experiencing extreme hardship due to her having a major back operation, which meant we lost her income.

No response was ever received from MBNA.

MBNA sold the debt to PRA.

PRA has still not given me a signed copy of the contract

PRA has just sent the defence, so previous to that I had to refuse mediation and take it to court.

any advice will be greatly appreciated

Webbs

 

 

2024-03-05 PRA Witness Statement.pdf

[dx100uk]

erm your witness statement was due TODAY 

have you not had court letters telling you of the hearing? 

you should not be disappearing for 2 months and not reading up getting ready with your ws...big fail!!

dx

 

[webbscatering]

point taken but I had to deal with the fallout of my mothers death and just returned, so apologies for that!

 

 

 

 

 

[dx100uk]

what about your other 2 claims ? too

[webbscatering]

nothing for the other two

thanks

[dx100uk]