PRA Claim Form - old Virgin Money MBNA card 'debt'

[Lubylu.]

Thank you BankFodder for your email; my reply as follows:

 

It’s true I’ve read many threads on this site, and learned so much from the responses by Andyorch, dx100uk, the site team, and the many others who contributed…

 

I wouldn’t normally highlight I’ve made a donation… but having just read a thread made by ‘connect4’

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?417803-Lowell-BW-claim-form-old-Lloyds-Tsb-current-account***Claim-Dismissed***

 

– it had me sitting on the edge of my sofa, tearing my hair out just reading it… that thread alone deserves some recognition.... patience in the extreme… and deservedly gets my donation regardless of the outcome of my own situation.

 

furthermore, it has to be said, without this fantastic website I would definitely be a whole lot worse off without the outstanding support I’ve been offered/given so far…. and quite possibly in the near future.

 

We all need to support this service to keep it going…. making a donation, no matter how small, will help to ensure the people it serves, you and I, are given the help we need.

[BankFodder]

Well, a big thanks.

[Lubylu.]

This past week hasn’t been easy to get through…

 

Filed my defence via MCOL on 24th January 2017, and accepted on the same day.

 

28 days = Tuesday 21st Feb

 

I called the court on Thursday 23rd to find out the status of the claim - they said I had to wait 28 days + 5 for service, so that would take us up to 26th Feb - a Sunday, which meant PRA had until 4pm today (27th Feb) to take this forward.

 

Anyway, I called the court at 4.45 today to find out if this case was proceeding? – only to be told the claim will be automatically stayed overnight if they had not heard from them.

 

So, I’m a bit frustrated at this if I’m honest… I would have preferred to have taken my chances at court; lottery Judge, with the *Notice of Default as my argument (see below)

 

If this ‘ automatic stay’ happens, I’m now in the position PRA can reignite the claim at their whim, and there’s no time limit !

… and I’m not much liking that scenario

 

it’s true PRA would have to pay an extra £100 to seek an application to lift the ‘stay’ and argue the merit to the court Judge (high % it goes through), and then they have to pay the hearing fee… are PRA hoping for a change in the law in the meantime?

 

So I’ve made the decision to stop paying them the nominal payment, hoping that might result in them lifting the stay and us going to court to resolve this for once and for all, because win or lose at the end of the day, I’d have closure.

 

And, if anyone has an idea of how I could prod PRA in commencing with their claim other than my withholding the monthly payments… bring it on; legal argument to strike out?.. and believe me I’d do it, let’s test the waters !

 

 

*Notice of Default – possibly invalid

 

Not wishing to sound too desperate, I found from the comms log in the SAR, an entry:

09.10.2009 -time: 18.43.23 - NOD sent 09/10/09 EXPIRES 26/10/09. I believe the notice is one day short

 

So the entry was made on a Friday, at a time the NOD letter would not have made the post until the following Monday at the earliest - the 12 Oct 2009 - and I have the A4 envelope it came in, with exactly that date on it.

 

The envelope I’ve had all these years housing the letters from MBNA, has a franked postage stamp on it as follows: “0113448 “ – “London 12.10.09 RC4” - “PB524779” – postage paid 0072 (2nd class?) and a barcode on the envelope, and may highlight extra days that invalidate it.

 

And MBNA sold the debt on 17 Oct 2009 before the rectify date of 26 Oct 2009

[dx100uk]

sorry thought you'd stopped months ago

yes stop paying

they are and have ..been taking you to the cash cow milking parlour..

[Lubylu.]

Dx, my main priory at the time back in 2009 and throughout the years was to try to show my commitment to pay off my debt… however, my salary throughout those years was never enough to raise the bar

 

Too scared to stop the nominal amount at the time, and on reflection if I had could be SB by now… but never mind that, because that was then… and this is now…x

[dx100uk]

stuff happens...