PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

[meercat156]

Your AAD Forum Username

PRA (J & P) v meercat156 No 1

Name of Claimant

PRA Group

Name of Claimant's Solicitors

Judge&Priestley

Claim Issue Date

18 August 2015

Who Signed the Claim Form?

An Individual (i.e. Joe Blogs)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

No

If Yes, when was the AoS Submitted

-

Details of Claim

5854.85 Interest has been added

[PlanB]

Re: PRA Group ( Judge&Priestley ) v PRA (J & P) v meercat156 No 1 - Issued 18 August 2015

Hello meercat and to AAD

We're going to be asking you loads of questions and posting instructions over the next couple of days.

You have two claims and you've helpfully started two separate threads which makes it easier for us to follow. Even though the claimant is the same these may go in different directions depending on what we discover.

First question is have you ever sent a CCA request to the original creditor (MBNA?) or to PRA formerly known as Aktiv Kapital, and if so when?

Second question is have you already sent a Subject Access Request to the original creditor and had a response? I believe you may have done this in June. If you got a response was the information you received relating to this particular account (No 1) or a combination of both accounts?

Final question for today, was the MBNA account sold to Varde (managed by Experto Credite) and then sold on again to PRA or was it direct from MBNA to PRA?

Plan B x

[Undercover Elsa]

Re: PRA Group ( Judge&Priestley ) v PRA (J & P) v meercat156 No 1 - Issued 18 August 2015

Hi Meercat, welcome to AAD

Sorry to see that you've been served with two claims at once!

In order to best help any possible defence, it is best that you send three letters as follows - asap - don't delay, send these today/Monday if you can:

1. Issue a CPR31:14 request to the Claimants Solicitor (ie the solicitor) - template here --> CLICK TO DOWNLOAD TEMPLATE
2. Issue an Advanced SAR to the Original Creditor (ie the bank) - template here --> CLICK TO DOWNLOAD TEMPLATE
3. Issue a CCA Request (if not already done within last 3 months) to the DCA / Claimant - template here - CLICK TO DOWNLOAD TEMPLATE

You must send a £10 cheque or postal order with the SAR but this is now a very useful tool, although they get 40 days to respond it is worth sending for one because we can usually find errors with recon documents that the DCA / Solicitor may have compared to the original that the Original Creditor issued - comparing documents is a sure-fire way to find fault and assist your defence. You must also send £1 with the CCA Request and send both recorded delivery / proof of posting.

If you're uncertain then check with one of the Site Legal Management Team.

At the moment your threads are in the public forum. To enable us to move them to our Secure Legal area away from public view, and also to provide access to legal services, you'll need to subscribe to AAD+.
Full details on how to do that here: http://forums.all-about-debt.co.uk/aad-members.php

If you have any problems, just shout. I'll repeat all this info on your other thread too (but you only need to join AAD+ once )

Elsa x

[Undercover Elsa]

Re: PRA Group ( Judge&Priestley ) v PRA (J & P) v meercat156 No 1 - Issued 18 August 2015

Diary Dates

Claim Issued	18.08.15
AOS Due	05.09.15
Defence Due	19.09.15

[Never-In-Doubt]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

As you have two claims you will need to keep them separate so it's best that you use one CPR for each account and one CCA for each however you can send them all in the same envelope - but with the CCA you do need 2 x £1 payments - one per account.

The SAR is different, you can add both account numbers to that and send one with one £10 payment as it's the same creditor and a SAR is person specific - not account.

Questions? Just ask before doing. Thanks.




edit see update below as per your brothers thread:

hiya

Regards the SAR - was data sent covering both accounts? If so then your sister will NOT need to send another as I've stated on her thread because this SAR will be valid.

However I need your sister to now clarify direct. Hence I'll close this thread now as your sister is here and has a couple of threads.

Point is if you've got adequate data from the SAR that covers both accounts then do not redo it.

[meercat156]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

Thank you all for your help. I will start posting those three requests for each claim on Monday.

With regard to the what I have sent,

A CCA request on the 19th December 2014
A SAR on the 1st June 2015 but I wrongly sent this to Judge & Priestley
I'm trying to find anything for Varde but I think it went directly to AK.
Regards Liz

[PlanB]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

A CCA request on the 19th December 2014

A SAR on the 1st June 2015 but I wrongly sent this to Judge & Priestley

Since you sent a CCA request to PRA fairly recently I wouldn't send another one until we've seen what was sent back to you from that one. Email what you received from them without blanking anything out in one PDF if possible to planB@all-about-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk. Make sure you identify which claim it is by putting No 1 in the subject bar the same as the title thread.

If the creditor's response did not comply with s.78 CCA then they'll still be in default of your request and cannot enforce the debt in court. So it may make sense to leave things that way rather than send a new request which could encourage them to try harder

Send the CPR 31.14 request to J & P solicitors on Monday.

Send the SAR to MBNA on Monday quoting both account numbers enclosing £10 payment. This should be a postal order not a cheque to preserve the identity of your signature.

If you got a response to your SAR request in June via J & P did it cover both accounts in which case you may not need to send another? Or did they bank the £10 but not action it? Please clarify.

We're fact finding at the moment. Things will become more interesting once we've got the initial paperwork sorted.

Plan B x

[PlanB]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

We seem to be experiencing email communication problems but your brother has been acting as go-between which is most helpful of him I'll post on here what I've been told by him and please correct us if there have been any misunderstandings.

1. SAR request: You did not receive any response to your SAR which you sent to J & P solicitors not MBNA. The solicitors banked the £10 and credited it to one of your two accounts without actioning the request.

So this means you will need to send the Advanced SAR to MBNA quoting both account reference numbers as per Elsa's post # 3. That one SAR request will cover both accounts/claims.

2. CCA request: Your brother recently sent Niddy the documents you received from your last CCA request to PRA. I've asked your brother to re-send them so we can check which account they related to or maybe both.

You may need send a new CCA request to PRA for this account (separate request for each account) as time is running out to check those documents. But don't send it until next Monday or until you hear further from us.

3. CPR 31.14 request: goes to J & P solicitors referencing this account/claim number only.

I hope this clarifies things for you (and us ).

Keep an eye on your thread for updates since you may not be receiving your thread email alerts as quick as necessary.

Plan B x

[PlanB]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

^^^^ ignore the above for the moment on receipt of documents from your brother this evening.

On 11th May 2015 PRA sent you a response to your last s.78 CCA request. We now have those documents.

On 16th July 2015 J & P solicitors sent you a response to your SAR request to them. At first glance it looks like they have sent you all data the firm hold on their files relating to you which is not the same as all data held by MBNA on their files.

Await further instructions.

Plan B x

[Undercover Elsa]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

Morning meercat,

Before going any further it's important that you submit your Acknowledgement of Service as failure to do this by the deadline will result in a judgment by default.

Either log into your claim following the instructions that appear on the front of the Claim Form and then tick the “I intend to defend all of this claim”

Alternatively, with the Claim Form you should have received a Response Pack. Page 1 of that pack is the “Acknowledgement of Service”. You need to complete that as follows:

1. If the box at the top right hand corner is not already complete then copy the information from the Claim Form into it (claim number etc).
2. Insert your contact details into the box with the heading “Address to which documents about this claim......”
3. Under that box is the heading “tick the appropriate box” with three choices of option to tick. Tick 1 “I intend to defend all of this claim “and leave the other two options blank.
4. Insert your date of birth where indicated and then sign and date the form (ignoring the bit about “position or office held”).
5. Scan it and send it to court by e-mail ccbcdefendants@hmcts.gsi.gov.uk or fax 01604 619 523 / 01604 619 526

Could you let us know when you've done this.
Any problems or concerns, check with us, we wouldn't want you to file a defence by mistake

I'll repeat this on your other thread too.

Elsa x

[Never-In-Doubt]

Re: PRA Group ( Judge&Priestley ) v meercat156 No 1 - Issued 18 August 2015

Update - formally referred to solicitor to assess for you. Joanna will be in touch directly.

Please keep your thread updated and check your email as I have just emailed you.....

Good luck