Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21

    Default Re: PRA claimform - old EGG now BC card debt

    Hi Shamrocker,

    It was agreed by BC originally!


  2. #22

    Default Re: PRA claimform - old EGG now BC card debt

    Hi Everyone,

    Due to a family issue I have not give a defense to this court action and its due tomorrow I requested CCA and PRA have sent a letter 16.01.18 saying they have requested the required information from Barclaycaed.

    But what would be my defense be in this case, do I dispute the whole claim on the grounds that no CCA has been produced ?

    Thank You in advance


  3. #23

    Default Re: PRA claimform - old EGG now BC card debt

    PRA also included a letter from Barclaycard posted to me in Sep 2015 which basically said that my account was closed with BC and transferred to PRA group with an outstanding balance.

    So they have not produced the original CCA but I am unsure how to defend this.


  4. #24

    Default Re: PRA claimform - old EGG now BC card debt

    Adapt a similar defence to suit your particulars...plenty of none response to CCA requests in the following....


    https://www.consumeractiongroup.co.u...egal-Successes


    Andy

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  5. #25

    Default Re: PRA claimform - old EGG now BC card debt

    Thanks Andy,

    I have read a few threads on your link but I would like the wording for the defense and the ones I have looked at don't have the wording !


  6. #26

    Default Re: PRA claimform - old EGG now BC card debt

    Can anyone recommend a solicitor I can use for this kind of thin?


  7. #27

    Default Re: PRA claimform - old EGG now BC card debt

    really..well 3 you've read have the defence like post 51 here.
    https://www.consumeractiongroup.co.u...m-Dismissed***

    use the search CAGicon box of the top red toolbar
    claimformicon card PRA

    or copy and paste the line of their POCicon you cant find a reply for in the box too.

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    DX
    RIP Martin3030

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  8. #28

    Default Re: PRA claimform - old EGG now BC card debt

    you don't need a solicitor and no we don't recommend
    last count there were over 1500+ claimformicon threads here..not one needed a solicitor at all
    its only a speculative claim designed to make you wet yourself and cough up.

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  9. #29

    Default Re: PRA claimform - old EGG now BC card debt

    Is this defence ok :

    After suffering a serious life threatening brain injury in 2010
    which left me unable to work and I have very bad memory problems.

    1.The claimant claims the sum of 4793.79 for an outstanding debt owed.

    2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ..

    3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of 5041.31.

    4.On 17/08/2015 the debt of 5041.31 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.
    Payments of 232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of 14.56.

    5.AND THE CLAIMANT CLAIMS
    1. The sum of 4793.79



    The Defendant contends that the particulars of claim are 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. Paragraph 1 is noted insofar as a contract relationship did once exist in the past. However I am unable to recall the precise details of the alleged agreement and any alleged outstanding
    balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

    2.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

    3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments

    4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

    (a) show how the Defendant has entered into an agreement; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show how the Claimant has the legal right, either under
    statute or equity to issue a claim;

    5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my to my CPR 31.14 and also my section 78 request and remain in default with regards this request.

    6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

    7. On the alternative, as the Claimant is 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 crediticon 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.

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  10. #30

    Default Re: PRA claimform - old EGG now BC card debt

    all looks ok
    id revise your 1 too

    Paragraph 1 is noted and accepted I have in the past had financial dealings with [Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

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  11. #31

    Default Re: PRA claimform - old EGG now BC card debt

    Thanks dx100uk I have submitted the defence see how it goes from here they may go down the tomlin order route, see what they come back with!


  12. #32

    Default Re: PRA claimform - old EGG now BC card debt

    ???
    why would you agree to a tomlin order when they have not complied with your request????!!

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  13. #33

    Default Re: PRA claimform - old EGG now BC card debt

    If they don't come up with the paperwork. They won't continue with the claim. It will just go dormant.

    Why would you plan to pay them.when they don't even have the paperwork required to even go to court?

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  14. #34

    Default Re: PRA claimform - old EGG now BC card debt

    I will see what they come back with, when i submitted my defense I didn't include the top paragraph:

    'The Defendant contends that the particulars of claim are 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.'

    But it will not let me edit the defense on MCOL, I will have to ring them tomorrow will this make a big difference to the case?

    Thx


  15. #35

    Default Re: PRA claimform - old EGG now BC card debt

    Dont worry about it...bit concerning though how you managed to not include it.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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  16. #36

    Default Re: PRA claimform - old EGG now BC card debt

    Hi Everyone,

    My defence has been received by court and acknowledged on 21st of January and the PRA group have responded yesterday saying they are going to proceed with their claim.

    They have sent me a copy of a letter that is the transfer of the debt in August 2015 that originates from BC and a letter from PRA same date time saying they have purchased the outstanding debt from BC and assignment.

    Can they defend this with no CCA and not even knowing the original creditor ?

    Thanks


  17. #37

    Default Re: PRA claimform - old EGG now BC card debt

    Not a chance. Theyre hoping you dont realise and buckle.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  18. #38

    Default Re: PRA claimform - old EGG now BC card debt

    So when it goes to court can I claim not knowing the debt as defense but this could be a ploy and they produce CCA on the day but I would of thought they would have produced something more concrete in defense by now?


  19. #39

    Default Re: PRA claimform - old EGG now BC card debt

    I very much doubt it will ever get there tbh. And if it does, theyre likely not to show up. Theyll prob cry for Mediationicon, try and offer an out of court settlement to get something, and either not attend court, or let it go quiet so they get a stay

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  20. #40

    Default Re: PRA claimform - old EGG now BC card debt

    And they wont produce it on the day. Barclaycard likely wont have it, or it will be archived and take them an eternity to find it on microfilm. PRA wont care though. They just want money.

    Remember, as far as they know, its a barclaycard. They have no idea its an egg card, so keep that close to your chest until its time to bring it into the open.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


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