Happy New Year everyone!
and this is a long one :jaw:
Name of the Claimant: PRA Group (UK) Ltd
Date of issue: 22 Dec 2016
Defence filed by: 24 January 2017
Particulars of Claim:
The Claimant claims the sum of £****.** for debt and interest
On 03/07/2007 the defendant entered into an agreement with MBNA for a Credit Card under the reference ****************.
On 30/09/2009 the defendant defaulted on the agreement with an outstanding balance of £****.**
On 29/02/2012 the debt of £****.** assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/2014.
Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.
Payments of 50.00 received up to 17/05/2016
AND THE CLAIMANT CLAIMS
The sum of £****.**
Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 17.05/2016 to 21/12/2016 - £365.08 and thereafter at a daily rate of 1.67 until judgment or sooner payment.
What is the value of the claim: £8521.93
The claim is for: Credit Card
When did you enter into the original agreement: during 2007 (not sure of specific date. PRA say 03.07.07 in Particulars of Claim, but in their letter dated 02.12.16, (see below) they state ‘on or about 03.07.07 with Virgin Money December 2006 (“the Creditor”)’
The claim has been issued by: the last Debt purchaser PRA Group (UK) Limited
(prior creditors Varde Investments (Ireland) Limited (Varde not mentioned in Particulars of Claim): Aktiv Kapital Portfolio AS, Oslo, Zug Branch Limited.
Were you aware the account had been assigned: No official recorded delivery Notice of Assignments received, only letters ‘advising’ assignment from the debt purchasers. (see below)
Did you receive a Notice of Assignment? No, not from any of them.
Did you receive a Default Notice from the original creditor? Not too sure. Does a letter dated 12 May 2009, headed ‘Important Default Notification’ count? - another received on 16 May 2009, headed ‘Potential Commencement Of Legal Proceedings’? - (then an offer dated 09.09.2009 offering settlement of account for £2.700.00) – I have these letters + more, and a statement.
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? Does a a letter dated June 2009, headed ‘Notice of Sums In Arrears’ count? - Otherwise No. The only mention of one came from Aktiv Kapital (UK) Ltd on behalf of Aktiv Kapital Portfolio AS, Zug Branch on 16.09.2013 – I wrote back to them, see letter below.
Why did you cease payments? I didn’t cease payments
What was the date of your last payment? Friday 2 December 2016
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? I contacted the Citizens Advice Bureau. They helped me fill out a Financial Statement form, and this resulted in my offering £1 per month to MBNA, on 06.08.2009.
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Received a letter before claim from PRA Group (UK) Ltd dated 2 Dec 2016 - (see below in history)
I didn’t respond to this letter.
I then received the Claim Form on 24 Dec 2016
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What have I done so far:
Claim Form issue date: 22 Dec 2016
On 28 Dec - I acknowledged the claim at mcol - money claim online
Ticked box 1. I intend to defend all of this claim
I have until 24 January 2017 to submit Defence…. eek
On 28 Dec, by 1st class recorded/signed for delivery:
CCA to Claimant, asking for a copy of the credit agreement, enclosing £1.00 Postal Order; wrote “For Statutory Fee Only” on reverse, and a copy of the CPR letter.
Also CPR 31.14 to the Claimant’s in-house legal representative, asking for the documents mentioned in their statement of case (Particulars of Claim) 1. Agreement: 2. Default Notice: 3. Notices of Assignment. I also enclosed a copy of the CCA letter.
On 03.01.2017 - I sent a SAR to MBNA, and Experto Credite, enclosing £10 fee.
Although I understand Experto Credite are now in liquidation as of 24 Nov 2016. I found on Companies House a correspondence address.
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Received a letter from PRA on 03.01.2017 in response to the CCA sent – headed up ‘Request for Information Section 77-79 Consumer Credit Act 1974’.
“We are in receipt of your correspondence in relation to the accounts on the list attached and have requested the required information. (no list, just a double sided fact sheet)
We have also enclosed your payments of £1.00 as PRA Group (UK) Ltd do not require a payment to carry out a CCA request.
We will contact you to provide an update as soon as possible but if you have any questions please telephone us on ******** where an agent will be able to assist you.
Signed off by
Head of Collections”
Fact sheet scanned if you want to look at it.
Questions:
Is there a case to be made regard Varde Investments (Ireland) Ltd taking over my account ie: no UK credit licence as required by the 1974 C.C.Act, hence why PRA didn’t mention them on the Particulars of Claim?
Do Aktiv Kapital (UK) Ltd on behalf of Aktiv Kapital Portfolio AS, Zug Branch have the right to issue default notices in any form?
History
I started a new job in Jan 2009. However, the salary wasn’t enough to keep up with the full monthly repayments, which of course, after a short period resulted in a flurry of letters, and telephone calls from MBNA.
I contacted the Citizens Advice Bureau. They helped me fill out a Financial Statement form, and this resulted in my offering £1 per month in August 2009.
MBNA were not happy with this, as you can imagine, but accepted. If they did indeed send a Notice of Default and registered my debt with a credit reference agency, as threatened, I am not aware of this. What I do know is MBNA did not seek a County Court Judgment.
And, I have continued to pay without fail £1 every month since, and subsequently to all the many ‘other’ Creditors my debt has been passed on to – details as follows (letters in my possession):
1. MBNA debt sold on to *Varde Investments (Ireland) Limited with Experto Credite Limited collecting payments. Not sure of the date that happened, no Notice of Assignment received, only a letter dated 23.10.2009 from Experto Credite advising that Varde Investments (Ireland) Limited had bought the interest of MBNA Europe Bank Limited in the above referenced account, (ha, which they got wrong, stating a totally wrong ref number), including the outstanding balance. Consequently, Varde Investments (Ireland) Limited is now the legal owner of your account.
*No mention in the Particulars of Claim of Varde Investments being assigned.
2. Received a letter from Aktiv Kapital (UK) Limited, dated *26.04.2012. In the letter they advised Aktiv Kapital Portfolio AS, Zug Branch purchased my account from Varde Investments (Ireland) Limited. That they: Aktiv Kapital (UK) Limited and on behalf of Aktiv Kapital Portfolio AS, Zug Branch, have requested Experto Credite Limited to continue managing my account. Under the heading ‘ What next? It continues: We have been advised that you already have a payment arrangement set up with Experto Credite Limited. Although Aktiv Kapital Portfolio AS, Zug Branch own your account, you should still continue to make your payments to Experto Credite Limited.
*It may not be relevant but please note the date on the letter sent 26.04.2012 advising assignment. In the Particulars of Claim PRA Group (UK) Limited state assignment date 29.02.2012, again no notice of assignment was received.
A while later I received another confusing letter from Aktiv Kapital (UK) Ltd early in September 2013. I failed to keep a copy of this, but can remember they were informing me that I’d defaulted (?) and that I was to make further payments through another account namely Buchanan Clark & Wells aka BCW, and not Experto Credite.
I wrote back pointing out I had kept to the agreed payment set up with the help of the Citizens Advice Bureau, to date without default to Virgin MBNA, Varde Investments (Ireland) Ltd, and now Aktiv Kapital Portfolio AS, Zug Branch.
I didn’t hear anything more but continued with the payments until I received the next letter as detailed at 3.
3. On the 13.01.2015, I received a letter from PRA Group (UK) Limited. They informed me my account ******** was assigned to them from Aktiv Kapital Portfolio, AS, Oslo, Zug Branch on 31.12.2014. The letter continues: This means we have been assigned all rights, title and interest to your above account and are entitled to all sums owed under the account and also the right to continue with any actions taken prior to the assignment.
For your information, on the 6th November 2014 Aktiv Kapital (UK) Limited changed its name to PRA Group (UK) Limited.
PRA Group (UK) Limited has previously sent your account to be managed by Buchanan Clark & Wells and they will continue to do so.
*No notice of assignment received but at least in this case they actually gave the date of assignment in the letter.
*However, in the letter below PRA state the assignment happened on 06.11.2014
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Below I have copied a letter, word for word, I received from PRA Group (UK) Ltd, dated 2 Dec 2016 – I didn’t fully understand this letter.
“We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department.
This is a letter before claim as required by the Practice Direction on Pre-Action Protocols, to give you notice of PRA Groups intention to issue court proceedings against you.
You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free advice agencies detailed on the enclosed document.
We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the court’s powers to impose sanctions for failure to comply with the Practice Direction.
You will recall that you entered into a written agreement numbered ****************** on or about 03/07/2007 with Virgin Money December 2006 (“the Creditor”). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and you are now in breach of the agreement.
By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing.
However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £****.**.
By an assignment in writing dated 06/11/2014 the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignment.
PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing.
If after considering this letter you take the view that you do not owe £****.** then we look forward to receiving your reasons why you take that view plus supporting documentation.
We do not presently envisage that expert evidence will be needed in this claim.
This letter should also be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution (ADR).
In addition this letter triggers certain time limits that affect you:-
1. You are expected to acknowledge and answer this letter before claim by 18/12/2016.
2. You are expected to respond to the invitation to refer this matter to ADR by 18/12/2016.
We look forward to receiving your letter in reply, responding to the claims made against you and/ or setting out your proposals for settlement/payment. We are prepared to discuss repayment options if this assists you.
If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs.
If you have any difficulty in complying with the above time limits please explain the problem to us as soon as possible and we will consider a reasonable request for an extension.
Name taken out
Litigation Manager”
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That’s all for now, but any thoughts on this would be of great help… thank you..
Attached Images
PRA factsheet pg2.jpg
(58.3 KB)PRA factsheet pg1.jpg
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