PRA Claimform - old MBNA Credit card debt ***Claim Dismissed no DN***

[Betty55]

Thankyou, I will lay off the barrel until I’ve done my defence as my brain is puddles enough without the wine ��

 

I have found. In another thread a paragraph about the PAP that I have inserted into the defence. Not sure it’s the right bit or in the right place ��

 

1.The claimant claims the sum of £16,800.50 for debt and interest. On 22/09/2002 the defendant entered into an agreement with MBNA Europe bank ltd for a credit card underdressed ref xxxxxx. .

 

2.On the 21/05/12013 the defendant defaulted on the agreement with an outstanding balance of £13k.

 

3.On the 20/06/13 the debt of £13k assigned to PRA group ltd. Notices of assignments were sent to the defendant in accordance with s136 law of property act 1925.

 

Payments of 0.00 received up to 29/06/13 and

the claimant claim the sum of £13k .

 

Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 23/06/13 to 1/10/17 £4,900 and thereafter at a daily rate of 2.90 until judgement or sooner payment

 

 

Defence

 

The Defendant contends that the Particulars of Claim are vague and 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. The claimant is denied from adding section 69 interest over a period of 4 years to inflate the debt of any alleged amount outstanding at this time.This is at the discretion of the court whether to allow it in full partially or at all.If allowed should be restricted to 12 months only.

 

2. Paragraphs 1 is noted and is accepted that the Defendant has in the past had financial dealings with MBNA. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

 

3. Paragraph 2 & 3 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 or of any legal assignment or Notices of Assignment pursuant to the Law and Property Act 1925 Section 136(1) as stated on the claim by the Claimant or by MBNA.

 

4. A request for information pursuant to the Consumer Credit Act (section 78) and a CPR 31.14 was made by signed for delivery .To date the Defendant has received no response.

 

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

 

b) show how the Defendant’s alleged debt has reached the amount claimed for; and

 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

 

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

 

7. On the alternative, as the Claimant claims to be 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.

 

8. 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.

[AndyOrch]

Very good .......

 

Just a few tweaks which I have made above.....

 

Also...." Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum from 23/06/13 to 1/10/17 £4,900 and thereafter at a daily rate of 2.90 until judgement or sooner payment "

 

That must be challenged...4 years interest ? Why didn't they issue the claim in 2013....interest is restricted to 12 months.

 

Andy

[Betty55]

Thanks Andy your help is really appreciated

 

Can I just ask do I need to put anything in my defence about why I got the claim on 17.10 but did not send the CCA and CPR requests until 8th November? I am wondering if PRA will make an issue of that?

 

Thanks

Betty

[AndyOrch]

Defence edited in regards to your last post and few further tweaks made to make it flow better.

 

Andy

[Betty55]

Andy thanks so much for help I will submit defence after work and see what happens next

[Betty55]

I have submitted my defence but after reading a few more posts think I may have made a mistake.

 

I did the defence form on mcol and just put the defence details in.

 

I did not include the Poc details on the page just the defence.

 

I’m worrying if I was supposed to put the poc above the defence details

[dx100uk]

nope solely for your ref

 

dx

[Betty55]

Thanks dx had a wobble there

[Betty55]

Hi all

Hoping for some help again.

 

Things have moved forward with this claim during the last few weeks but due to a bereavement in November I’ve been occupied elsewhere.

 

after submitting defence and CPR request I received a letter from PRA group 14/11 acknowledging my request for information and putting account on hold.

 

The following day a letter off PRA solicitor saying they received the defence and

 

“We have written to the Court and wish to inform you that we intend to proceed with our claim”.

 

Although from reading other posts this sentence appears to be standard response.

I have not had anything else from PRA in terms of paperwork i requested.

 

However,

I have been served with further Court papers.

 

Notice of proposed allocation to fastrack and directions questionnaire I have to complete by 23/12.

 

PRA have completed their questionnaire indicating they want to try and settle the claim and want a one month stay.

Yes to trial at local county court.

PRA have also ticked that they have complied with the relevant pre-action protocols.

 

I’m trying to get my head around the form as it looks like mine is the same as the one PRA completed.

 

I have not had any of the CCA paperwork from MBNA/PRA group yet either..

[dx100uk]

so you've an N181 from the court to fill in

[Betty55]

Yes that’s the one.

 

I know I must say yes to mediation and I am the witness.

 

Not sure about the one month stay but am reading other threads.

 

Some of the questions seem to be irrelevant for my part.

 

Do I mention in it that PRA haven’t sent any of the paperwork I requested yet?

 

PRA have indicated that they have complied with pre action protocol and have provided the relevant documents for the claim but not had any off them yet

[dx100uk]

from my notes on N181's

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447033-PRA-Group-claimform-old-MBNA-card-debt/page2&highlight=n181

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469292-PRA-Claim-Form-HSBC-current-account-OD&p=4973299#post4973299

 

Section A Settlement. Yes

 

B1 state no and list your local county courticon

 

C No ...Not Applicable

 

D1 No

 

D2 Leave blank

 

D3 leave blank

 

D4 The Claimant do file and serve all original documents including the Agreement/Notice of Assignment/Default Notice as referred to in its particulars of claim

 

E Leave blank

 

F 1 ...yourself

 

G 3/4 hours

 

H Leave blank

 

I No

 

J Directions...I will run through this with you tomorrow.....Directions on the timetable of how the claim will proceed......not disclosure or documents.

 

 

mostly nicked from posts by andyorch!!

[Betty55]

Thanks DX much appreciated.

 

I completed my defence on the MCOL site.

 

Do I complete this N181 on the site or complete the paper copy they sent me?

 

I’m assuming that if I send the paper copy by special next day as longs as it is received by the Court by the 23rd that meets the deadline?

 

also just want to check do I say yes to the one month stay?

[dx100uk]

you cant do n181 online no

 

you use the one the court sent you

copy to the fleecers solicitors too.

 

I pers would object to the stay

they've had more than enough time to magic up cut n paste fake documents

why give them more...

 

lets andy comment later

 

dx

[Betty55]

Thanks dx

[AndyOrch]

Has the Claimant attached Directions to their DQ Betty ?

 

Andy

[Betty55]

Hi Andy

Apologies for delay replying just in from work.

 

There are no directions attached to the claimants DQ that was sent to me by PRA group. Just a photocopy of the DQ no additional attachment other than a covering letter advising a copy had been served to Court.

 

I am filling in the N181 and just wondered if anyone would mind checking I am putting the correct answers in as I will be posting tomorrow.

 

A1. Yes

 

A2. Don’t know whether to say yes or no to a one month stay. PRA group have said yes to a one month stay in their DQ

 

B.1 says high court only so do I leave blank?

 

B.2 yes, my local cc and I am the defendant

 

C no

 

D1.no

D2 and D3 blank

 

D4. The Claimant do file and serve all original documents including the Agreement/Notice of Assignment/Default notice as refereed to in it’s particulars of claim

 

E blank

 

F my name ( in the box saying witness to which facts do I state ‘the whole claim’?)

 

G 3 to 4 hours

 

H blank

 

I: no

 

I’m assuming my draft directions will be on a separate sheet as there is no area for them on the DQ?

Edited July 21, 2018 by dx100uk
merge

[AndyOrch]

Hi Andy

Apologies for delay replying just in from work.

There are no directions attached to the claimants DQ that was sent to me by PRA group. Just a photocopy of the DQ no additional attachment other than a covering letter advising a copy had been served to Court.

 

So have they not completed J ?

[Betty55]

There was no section J on the DQ PRA sent to me and no additional sheets attached.

 

They have requested a one month stay. No sign of any copies of the Agreement/DN etc from them either.

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?406100-LEGAL-N181-Directions-Questionnair-(Fast-Track-Multi-Track)-**Correct-at-Dec-2017*

[Betty55]

Sorry yes I see section J but nowhere in that section to write directions

would be typed and attached I assume.

 

Section J has been signed by PRA but no additional pages attached regarding directions

[AndyOrch]

They dont write it in J..they should attach a draft order to the DQ .

[Betty55]

Nothing additional attached to the DQ

 

Would it be possible that they have attached draft directions to the papers they sent to the Cout but haven’t bothered sending me a copy?

[AndyOrch]

Would it be possible that they have attached draft directions to the papers they sent to the Cout but haven’t bothered sending me a copy?

 

Possible.....ring the court and or claimant sols and ask for a copy...the court should not accept their DQ without Directions...and you really shouldn't submit yours until you have this Order.

[Betty55]

Thanks Andy but mine is due by 23/12 so in a bit of panic to get it in on time. I will ring the Court in morning