Pra group Claim form - old Mbna Credit card help

[metalman]

Hi all,

Hope somebody can help i've done a lot of reading before posting here but just need to check a few things

 

The story is i 3 days ago i received a ccj claim form from PRA Group/ northampton county court for a mbna credit card that i took out in 2011 and defaulted in 2013

.

The original default amount was £3000 and with interest and costs is now over £4000

 

Now i selected defend part of the claim on the mcol gateway site so i'd get 28 days to prepare,i

 

i'm hoping to just pay them off and stop a ccj

if i'm honest as i did just ignore my debts when my marriage failed back then

,now i've got my life in order i just want this sorted.

 

Is it right i get a breakdown and hopefully get rid of the interest and charges is this possible?

This was what i planned to do:

 

1- send a s.r.a with £10 to MBNA

 

2 - send cpr 31.14 to pra group with £1 postal order

 

I'm guessing these should be sent first thing recorded delivery on monday as the clock is ticking?

 

I've made a letter for the cpr 31.14 that i'll put up minus details if somebody is good enough to advise me,i'd be very grateful.

 

Thanks, metalman

[AndyOrch]

Hi metalman and Welcome to CAG

 

Thread moved to the correct forum (Financial Legal Issues)

 

Please read and complete the following link and post it back here please,to enable the best advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[metalman]

will do thanks andy

[metalman]

Hi all,

Hope somebody can help

i've done a lot of reading before posting here but just need to check a few things

 

The story is i

 

 

3 days ago i received a claim formi from PRA Group for a MBNA credit card that i took out in 2011 and defaulted in 2013.

 

The original default amount was £3000 and with interest and costs is now over £4000

 

Now i selected defend part of the claim on the mcol gateway site so i'd get 28 days to prepare,

 

 

i i'm hoping to just pay them off and stop a ccj

 

 

if i'm honest as i did just ignore my debts when my marriage failed back then,

 

 

now i've got my life in order i just want this sorted.

 

Is it right i get a breakdown and hopefully get rid of the interest and charges is this possible?

 

This was what i planned to do:

1- send a s.r.a with £10 to MBNA

2 - send cpr 31.14 to pra group with £1 postal order

I'm guessing these should be sent first thing recorded delivery on monday as the clock is ticking?

 

I've made a letter for the cpr 31.14 that i'll put up minus details if somebody is good enough to advise me,i'd be very grateful.

 

Thanks, metalman

 

In order for us to help you we require the following information:-

 

Name of the Claimant PRA GROUP

 

Date of issue – 15/07/2016

 

- What is the claim for – the reason they have issued the claim? DEFAULTED MBNA CREDIT CARD £3100

 

What is the value of the claim? £4100

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? 2011

 

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. NO MBNA ACCOUNT ASSIGNED TO ACTIV CAPITAL THEN PRA GROUP

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE

 

Did you receive a Default Notice from the original creditor? NOT SURE

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE

 

Why did you cease payments? MARRIAGE BREAKDOWN

 

What was the date of your last payment? 2013

 

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 managementicon plan? NO

[dx100uk]

Sar won't come in time

CCA request to the claimant

CPR 31:14 to the sols

 

Shame you admitted the claim

Ideally even if you do owe the money

You should always select defend all

You still get the full 28 days

 

Dx

[metalman]

hi dx i selected defend part of the claim on the mcol site i'm guessing it's too late too change?

 

would you be able to look at my cpr 31:14 that i composed to see if it's ok?

 

thanks metalman

[dx100uk]

Try might work..

As for the CPR

Please don't post templates in the open forum

We don't need to see it

 

It's the CCA the has the £1uncrossed blank po

Not the cpr

[metalman]

Cheers dx,on the mcol site the option left is to enter defence guess i need the cca and cpr 31:14 back before filling it in?

 

Tbh my cpr is pretty unique as i've changed it to suit as i'm contesting the amount,all the standard stuff is unchanged though.

 

Just want it settled but would love to know how much of this figure is late charges etc and if i can get them removed?

 

It's crossed my mind to ring them and see what the least they'll take in f+f settlement rather than going to court,i could at a push lend some money but no where near £4k,

 

Is it time to call them? i don't know.

 

My worry is despite my ok wage

i give it all to my current partner as she can't pay the bills due to her employment status

 

 

,if we go down i+e route they might just say that's her problem you can afford to repay something daft like £500 per month!!

[dx100uk]

Cheers dx,on the mcol site the option left is to enter defence guess i need the cca and cpr 31:14 back before filling it in?

 

 

well no but I don't think you can now file a holding/no paperwork defence after admitting the debt.

Tbh my cpr is pretty unique as i've changed it to suit as i'm contesting the amount,all the standard stuff is unchanged though.

 

 

you should still put them to strict proof via the STD CCA/CPR letters. no need to change anything. the fact the debt is charges/PPI etc, unless you are counterclaiming [which is a bad idea] is sadly immaterial now

 

Just want it settled

but would love to know how much of this figure is late charges etc and if i can get them removed?

doubt it you've admitted the debt

 

It's crossed my mind to ring them and see what the least they'll take in f+f settlement rather than going to court,

i could at a push lend some money but no where near £4k,

 

Is it time to call them? i don't know.

 

My worry is despite my ok wage

i give it all to my current partner as she can't pay the bills due to her employment status

 

,if we go down i+e route they might just say that's her problem you can afford to repay something daft like £500 per month!!

 

 

well you put the bills down in your I&E then not that you give her £500

list what it goes too if push comes to shove and you have to do an I&E

 

 

i'll let andyorch comment on your about q's

legal is not my strongest of points

 

 

can you fluff you what /who/when the debt is all about too please

and name names.

 

 

dx

[metalman]

Just wondering do i need to put 2 £1 postal orders in one for cca and one for cpr?

The sols and claimant are the same address so ok to use one envelope?

Sorry for being a noob but google hasn't turned anything up

 

Thanks metalman

[dx100uk]

Read the clickme thread for each letter and all the posts of each

 

No they must be posted sep

[metalman]

ok mate will do,i'll see what comes back and give an update i appreciate the help

[dx100uk]

can you fluff you what /who/when the debt is all about too please

and name names

[shamrocker]

"Is it right i get a breakdown and hopefully get rid of the interest and charges is this possible?"

 

Do you mean the statutory interest they've applied to the default balance? And, are the charges the £12 missed payment charges?

 

You're obviously prepared to pay them something, which is probably a realistic view to take given the profile of your case. As DX said, you should ideally have defended all - but there's still scope to put the squeeze on them.

 

Just out of interest, do you have a figure in mind that you'd be satisfied with paying as a full & final settlement?

 

Sham

[metalman]

hi sham,where i'm at is i've got the cca and cpr 31:14 in hand ready to post today.

 

I've put defend whole claim on the cpr form as thought it best not to muck with the template letter.

 

On mcol site i have a box to put forward my defence

and i'm now feeling like if they if they don't stump up valid documents,

i'll state this in the defence box

,if necessary i'll go to court see if they show up

and put my case across that it's true i had lots of unsecured debt

but i can't recall who with

(my credit file has 5 defaults from the same period when things went pear shaped totalling £23k plus)

 

I could also state that i didn't receive a formal demand just the claim form pack from northampton.

 

So i guess i'm ready to fight back they caught me off guard tbh as the other creditors have'nt bothered me.

 

Any advice other than waiting for the doc's to return or what is best to do is much appreciated

,my head is full of page after page of stuff and it's bewildering and a bit scary!

 

metalman

[shamrocker]

Hi Metalman - who are the solicitors acting on this? J&P?

 

I haven't got much time on my hands today but I'll come on tonight hopefully. Get the CCA and CPR letters off to them in the meantime.

 

I would also suggest contacting Northampton by email asking if you can change to 'defend all' saying you ticked the wrong box in error. It'll make your path from here on much more straight forward if you can get them to agree. How do you feel about this?

 

P.S. This is just a bit of a game. There's no need to get too bogged down in reading and reading. I doubt you'll end up going to court, so just stick tight to the advice given on here and we'll try to get the best possible outcome for you in the end.

[AndyOrch]

 

I would also suggest contacting Northampton by email asking if you can change to 'defend all' saying you ticked the wrong box in error. It'll make your path from here on much more straight forward if you can get them to agree. How do you feel about this?

 

 

[shamrocker]

Here's the email address: ccbcdefendants@hmcts.gsi.gov.uk

 

State the claim number in the email subject and also in the email body. Hopefully they'll help you out - can't see any reason why they won't allow you to change it. Do it without delay though.

[metalman]

Cheers sham i'm rushing as i'm off too work but the letters are sent and i've emailed the court thanks very much i'll give you an update when i get it

 

Metalman

[dx100uk]

just don't miss your defence filing date

we'll help out.

[metalman]

So guys received an email from the court is this good and what's next just wait for CCA and CPR31:14 replys?

Cheers metalman

 

In reference to your email, I can clarify that the acknowledgment of service indicates your ‘intention’ only and once you file your full defence this will confirm your position. The claimant maybe expecting a part admission as the claimant is able to view the Acknowledgement of service, therefore you may wish to add a cover letter with your defence.

 

Sham- Also forgot to say regards their solicitors it just says Robert Marr claimant's representative

 

I'm on 2-10 so off to work but will check in later hopefully thing's look better

Metalman

[dx100uk]

Firms name not the induvidual?

[metalman]

Sorry it's pra group

 

Can't see a solicitor firm on the claim papers

 

Haven't got them to hand right now but looked them over earlier

(sorry if my replies are staggered I'm at work lol)

 

https://uk.linkedin.com/in/robert-marr-ll-b-ll-m-mcicm-aciarb-frsa-b04a426

 

Seems like pra group have an in house solicitor

[dx100uk]

Good spot!

[metalman]

Thanks!

So to recap I'm thinking I should email the court to confirm the end date to submit my defence?

If no forms are returned by pra what then can I go to my local court and ask for it too be thrown out?

Guess I don't like the waiting around for them to respond when the clock is ticking

Thanks metalman