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Court Claim - PRA Group / MBNA - 28-5-2015

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  • #46
    Re: Court Claim - PRA Group / MBNA - 28-5-2015

    How does this look above please ? I am having a bit of a panic now, having received these documents today from J&P and am worried the wording in the defence is incorrect.

    Is my stance pretty much that the agreement is invalid as it doesnt contain the correct T&Cs , as the Notice of Assignment despite it not being dated seems to be valid ?

    I am having a bit of a panic now. Thankyou

    - - - Updated - - -

    Sorry back again, I think point number 5 is incorrect as I have now received the notice of assignment this afternoon.

    Comment


    • #47
      Re: Court Claim - PRA Group / MBNA - 28-5-2015

      [MENTION=55034]nemesis45[/MENTION] ... a little advice if you can please :tinysmile_twink_t2: xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #48
        Re: Court Claim - PRA Group / MBNA - 28-5-2015

        Originally posted by JammyDodger41 View Post
        1: I received the claim dated ******** from the Northampton County Court on ******.


        2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

        3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

        [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.


        4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


        5. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment.

        6. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.The claimant is put to strict proof that a compliant Default Notice was served.

        7: On the ***** I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Judge & Priestley . I requested the Claimant provide copies of the Agreement and Notice of Assignment .

        8. Judge & Priestley have provided some documents but the alleged "Agreement"appears to lack all the necessary terms and conditions09. On the*****I sent a formal request for a copy of the original agreement to PRA Group pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

        10. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
        The Document provided is incomplete and does not contain ALL the T's & C's relevant at the inception of the agreement


        11. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
        The Document provided is incomplete and does not contain ALL the T's & C's relevant at the inception of the agreement


        12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

        13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

        14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

        15. It is denied that the Claimant is entitled to the relief as claimed or at all.

        Statement of Truth
        Thanks for the " nudge" [MENTION=49370]Kati[/MENTION]!!

        Well done JD looks very good to me.

        Notes:


        No bold or highlighted text:

        Para 11 the statement re lack of Ts & Cs does not go on the end it's already stated above.

        Otherwise good to go.

        Comment


        • #49
          Re: Court Claim - PRA Group / MBNA - 28-5-2015

          Great Nemesis thankyou, and you to Kati !

          I will amend Para 11.

          What do I do about Paragraph 5 re the Notice of Assignment ? I have said I havent received it, when I did receive it on Friday by email . It is bugging me that it isn't dated ( they could have scrabbled that together last week for all we know ) and also in their Particulars of Claim they have stated that we were sent two Notices of Assignment one from AK and one from PRA ( although we know that they are one of the same ) Surely if they state they have sent us two, should they not be producing two ? Can I write something to that effect in paragraph 5, ie Notice of Assignment received from AK but not dated, but nothing received from PRA as mentioned in particulars of claim ?

          Thankyou again and sorry for the million questions.

          Comment


          • #50
            Re: Court Claim - PRA Group / MBNA - 28-5-2015

            Maybe something along the lines of
            5. The Claimants statement of case states that the account was assigned from MBNA to Aktiv Kapital on the **** who then assigned the debt to PRA Group on the *****. The Defendant does not recall receiving notice of this assignment prior to an email received on the **date**
            ??
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #51
              Re: Court Claim - PRA Group / MBNA - 28-5-2015

              Originally posted by Kati View Post
              Maybe something along the lines of ??
              Spot On Kati!!

              nem
              Last edited by Kati; 26th July 2015, 17:21:PM.

              Comment


              • #52
                Re: Court Claim - PRA Group / MBNA - 28-5-2015

                Ok, defence has been submitted. I guess we sit back and wait now.

                Thankyou all for your help. I will be making a donation to the site as your assistance so far as been invaluable.

                Comment


                • #53
                  Re: Court Claim - PRA Group / MBNA - 28-5-2015

                  Originally posted by JammyDodger41 View Post
                  Ok, defence has been submitted. I guess we sit back and wait now.

                  Thankyou all for your help. I will be making a donation to the site as your assistance so far as been invaluable.
                  Hi JD the claimant has 28 days from when they receive a copy of your defence to respond.

                  nem

                  Comment


                  • #54
                    Re: Court Claim - PRA Group / MBNA - 28-5-2015

                    Well that didn't take long........ They have responded today. They say that they acknowledge receipt of our Defence and they confirm that their client wishes to continue with the Claim and that they have notified the Court accordingly.

                    What should we do next please ? Thankyou

                    Comment


                    • #55
                      Re: Court Claim - PRA Group / MBNA - 28-5-2015

                      Originally posted by JammyDodger41 View Post
                      Well that didn't take long........ They have responded today. They say that they acknowledge receipt of our Defence and they confirm that their client wishes to continue with the Claim and that they have notified the Court accordingly.

                      What should we do next please ? Thankyou
                      Wait for court directions and start thinking about your witness statement.

                      nem

                      Comment


                      • #56
                        Re: Court Claim - PRA Group / MBNA - 28-5-2015

                        Ok thankyou.

                        Comment


                        • #57
                          Re: Court Claim - PRA Group / MBNA - 28-5-2015

                          Originally posted by JammyDodger41 View Post
                          Well that didn't take long........ They have responded today. They say that they acknowledge receipt of our Defence and they confirm that their client wishes to continue with the Claim and that they have notified the Court accordingly.

                          What should we do next please ? Thankyou
                          Not much you can do at this point. :ranger: Not until you receive the N180 directions questionnaire which you'll have to fill in and return as indicated.

                          Comment


                          • #58
                            Re: Court Claim - PRA Group / MBNA - 28-5-2015

                            Been away for a few day and we have returned to find the N180 form that you mention above FP. We have until the 24th August to file it with the court office. Obviously our defence was as posted previously.
                            The letter states under the heading TAKE NOTICE THAT : -
                            1. This is now a defended claim
                            2. It appears that this case is suitable for allocation to the small claims track . If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Questionnaire (N180) and explain why.
                            3. The date it must be filed with the court office.

                            Under number 1, it also states that The defendant has filed a defence, a copy of which is enclosed but this has been crossed out. I am unsure if it has been crossed out because they haven't enclosed a copy or if for some reason they dont seem to realise that we have filed a defence ? Should I be worried by this ?

                            On the questionnaire itself Section A mentions settlement and mediation . We tick a box if we agree to this case being referred to the Mediation Service ? I am guessing that we tick this, although our mediation really would be that they still need to provide the full T&Cs and until they do so we wont be paying ?
                            Section B asks for our contact details , that's straightforward , thankfully !
                            Section C - Do we agree that small claims is the appropriate track for this case to which I guess we say yes ?
                            Section D is where I am worried about putting the wrong thing. Number 1 asks about the Hearing Venue, so can we request the County court closest to us, or is it best to stick with Northampton if they are used to dealing with such things ?
                            Number 2 - Expert Evidence - it asks about asking for the courts permission to use the written evidence of an expert ? I guess we write no as we have no expert, or should we be appointing on and in which case it asks for the experts details
                            Number 3 - then asks how many witnesses are giving evidence on our behalf. This is in my husbands name, or should I also be a witness as well ?
                            It then asks about the hearing and dates to avoid which we will just fill in.

                            Im sure this is all standard stuff for you all, I just want to make sure that I fill this in correctly.

                            Whilst I have been typing this I have just received a letter from J&P that I also have questions about, but I will wait until someone has time to respond to this message before bombarding you with th contents of J&Ps letter.

                            Many Thanks

                            Comment


                            • #59
                              Re: Court Claim - PRA Group / MBNA - 28-5-2015

                              Originally posted by JammyDodger41 View Post
                              Been away for a few day and we have returned to find the N180 form that you mention above FP. We have until the 24th August to file it with the court office. Obviously our defence was as posted previously.
                              The letter states under the heading TAKE NOTICE THAT : -
                              1. This is now a defended claim
                              2. It appears that this case is suitable for allocation to the small claims track . If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Questionnaire (N180) and explain why.
                              3. The date it must be filed with the court office.

                              Under number 1, it also states that The defendant has filed a defence, a copy of which is enclosed but this has been crossed out. I am unsure if it has been crossed out because they haven't enclosed a copy or if for some reason they dont seem to realise that we have filed a defence ? Should I be worried by this ?

                              On the questionnaire itself Section A mentions settlement and mediation . We tick a box if we agree to this case being referred to the Mediation Service ? I am guessing that we tick this, although our mediation really would be that they still need to provide the full T&Cs and until they do so we wont be paying ?
                              Section B asks for our contact details , that's straightforward , thankfully !
                              Section C - Do we agree that small claims is the appropriate track for this case to which I guess we say yes ?
                              Section D is where I am worried about putting the wrong thing. Number 1 asks about the Hearing Venue, so can we request the County court closest to us, or is it best to stick with Northampton if they are used to dealing with such things ?
                              Number 2 - Expert Evidence - it asks about asking for the courts permission to use the written evidence of an expert ? I guess we write no as we have no expert, or should we be appointing on and in which case it asks for the experts details
                              Number 3 - then asks how many witnesses are giving evidence on our behalf. This is in my husbands name, or should I also be a witness as well ?
                              It then asks about the hearing and dates to avoid which we will just fill in.

                              Im sure this is all standard stuff for you all, I just want to make sure that I fill this in correctly.

                              Whilst I have been typing this I have just received a letter from J&P that I also have questions about, but I will wait until someone has time to respond to this message before bombarding you with th contents of J&Ps letter.

                              Many Thanks
                              1. The Form is generic used for defendant and claimant and amended to suit ( you know you have filed a defence).
                              (a) Tick yes for mediation both parties are expected to attempt resolution prior to a hearing.
                              (b) Name address: Phone No.: e-mail address.
                              (c) yes
                              (d) Name and address of your nearest County Court.

                              2. Not applicable

                              3. Defendant only.

                              4. Any dates your are not available to attend court.

                              What the letter about?


                              nem

                              Comment


                              • #60
                                Re: Court Claim - PRA Group / MBNA - 28-5-2015

                                Originally posted by JammyDodger41 View Post
                                Been away for a few day and we have returned to find the N180 form that you mention above FP. We have until the 24th August to file it with the court office. Obviously our defence was as posted previously.
                                The letter states under the heading TAKE NOTICE THAT : -
                                1. This is now a defended claim

                                2. It appears that this case is suitable for allocation to the small claims track . If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Questionnaire (N180) and explain why.
                                3. The date it must be filed with the court office.

                                Under number 1, it also states that The defendant has filed a defence, a copy of which is enclosed but this has been crossed out. I am unsure if it has been crossed out because they haven't enclosed a copy or if for some reason they dont seem to realise that we have filed a defence ? Should I be worried by this ?
                                No, as per item 1., the questionnaire is only sent out once a defence has been received.
                                Originally posted by JammyDodger41 View Post
                                On the questionnaire itself Section A mentions settlement and mediation . We tick a box if we agree to this case being referred to the Mediation Service ? I am guessing that we tick this, although our mediation really would be that they still need to provide the full T&Cs and until they do so we wont be paying ?
                                Yes, makes the right impression to tick it, even when mediation usually can't go ahead when the documents have not been provided.
                                Originally posted by JammyDodger41 View Post
                                Section C - Do we agree that small claims is the appropriate track for this case to which I guess we say yes ?
                                Allocation is based on the claim value, most claims below £10k go to small claims so no need to argue about that.
                                Originally posted by JammyDodger41 View Post
                                Section D is where I am worried about putting the wrong thing. Number 1 asks about the Hearing Venue, so can we request the County court closest to us, or is it best to stick with Northampton if they are used to dealing with such things ?
                                Northampton is not an actual court, just the centralised processing centre for money claims. You should supply the details of your local court where the case will be transferred prior to a hearing. :thumb:
                                Originally posted by JammyDodger41 View Post
                                Number 2 - Expert Evidence - it asks about asking for the courts permission to use the written evidence of an expert ? I guess we write no as we have no expert, or should we be appointing on and in which case it asks for the experts details
                                There's no need for expert evidence, that would only apply to other types of claims such as personal injury where you'd need the opinion of an expert, not in this case.
                                Originally posted by JammyDodger41 View Post
                                Number 3 - then asks how many witnesses are giving evidence on our behalf. This is in my husbands name, or should I also be a witness as well ?
                                It then asks about the hearing and dates to avoid which we will just fill in.
                                Only one, your hubby.

                                Originally posted by JammyDodger41 View Post
                                Whilst I have been typing this I have just received a letter from J&P that I also have questions about, but I will wait until someone has time to respond to this message before bombarding you with th contents of J&Ps letter.
                                Over to you now... opcorn:

                                Comment

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