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.

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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)


Results 1 to 14 of 14
  1. #1

    Default PRA/Barclaycard Court Claim Form

    hello everyone.

    just started this thread for a colleague, who needs some advice and is not very good with computers.

    history of debt

    Barclaycard credit card 01/2008
    debt management 08/2009

    arranged with Barclays a reduced payment plan which was accepted while on the debt management plan.

    PRA GROUP was assigned the debt from Barclaycard 08/2015

    Last payment made 02/2018

    Name of the Claimant ?
    PRA Group


    Date of issue 17/01/2019


    What is the claim for –

    1.The claimant claims the sum of £1834.29 for an outstanding debt owed.

    2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

    3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29.

    4.On 17/08/2015 the debt of £2301.02 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 £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21.

    5.AND THE CLAIMANT CLAIMS
    1. The sum of £1834.29

    A Barclaycard CC debt £1834.29 + court costs

    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ?Yes

    What is the total value of the claim? £2019.29

    what is the claim for:Barclaycard credit card

    When did you enter into the original agreement before or after April 2007 ? 01/2008

    Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?NO


    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.
    Debt purchaser PRA

    Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving this information

    Did you receive a Default Notice from the original creditor? No, after ringing Barclaycard they claim that the account was never defaulted.

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Just letters from PRA stating you are behind with your payments

    Why did you cease payments? Got into financial difficulties

    What was the date of your last payment?06/02/2018


    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? Yes I was on a debt management plan

    He has done the AOS on MCOL.
    CCA Requesticon ready to send to claimants
    CPR.31.14 ready to send to claimants solicitors

    Any help and advice appreciated. donationicon will be made
    thank you

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  2. #2

    Default Re: PRA/Barclaycard Court Claim Form

    Bet they cca return with the usual 620000 crap
    See a few hoist bc claimformicon threads here

    Dx

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    DX
    RIP Martin3030

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  3. #3

    Default Re: PRA/Barclaycard Court Claim Form

    Thanks DX for quick reply, yes he will have to wait for the CCA return, will scan up once here.
    Reading through other threads regarding PRA they don’t seem to come up with legitimate documents.

    I am already reading up on a few defence statements to fit the POCs.
    Will post up here first closer to the deadline Friday 15/02/2019


  4. #4

    Default Re: PRA/Barclaycard Court Claim Form

    you say claimformicon was 17-12 above
    you mean 17/01?

    if so defence date is 18/02

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    DX
    RIP Martin3030

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  5. #5

    Default Re: PRA/Barclaycard Court Claim Form

    Apologies
    claimformicon issued 17/01/2019
    Yes defence is due by 18/02/2019, I put down 15/02/2019 being a Friday before the weekend.


  6. #6

    Default Re: PRA/Barclaycard Court Claim Form

    Good morning.

    I have been reading other threads and have drafted a defence to fit the POCs.

    1.The claimant claims the sum of £1834.29 for an outstanding debt owed.

    2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

    3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29.

    4.On 17/08/2015 the debt of £2301.02 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 £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21.

    5.AND THE CLAIMANT CLAIMS
    1. The sum of £1834.29
    [/COLOR]
    [/COLOR]

    Defence (final edit):

    1. 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.

    2. Paragraphs 1 & 2 are noted and it is accepted that I have in the past had financial dealings with Barclaycard. I am unable to recall the precise details of the alleged agreement but recall it was on or about 2008.

    3. Paragraph 3 is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer crediticon Act 1974. I have sought verification from the claimant regarding this matter and to date they have failed comply.

    4. Paragraph 4 is denied. I am unaware 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 Barclaycard. I have sought verification from the claimant regarding this matter and to date they have failed to comply.

    5. Notwithstanding the above, requests for information pursuant to the consumer credit act (section 78) and
    CPR 31.14 were made. A Section 78 request was sent on 28/01/2019, and shows as received 29/01/2019. A CPR 31.14 request was sent 28/01/2019 and shows as received 29/01/2019. The claimant has still not complied to my Section 78 request and to date has failed to comply to my CPR 31.14 request.

    6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant, and 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 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.

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

    8. 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 82 A of the Consumer Credit Act 1974.

    9. 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.


    any thoughts and advice always appreciated

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  7. #7

    Default Re: PRA/Barclaycard Court Claim Form

    Just a few edits...credit cards are section 78...so you only refer to section 78...not 77-79...rest is fine.

    Andy

    We could do with some help from you

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  8. #8

    Default Re: PRA/Barclaycard Court Claim Form

    Thanks Andy , it needs to be submitted by Monday 18/02/19 4pm.

    I will update when done.
    donationicon has been made and will continue to do so on a monthly basis.


  9. #9

    Default Re: PRA/Barclaycard Court Claim Form



    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
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  10. #10

    Default Re: PRA/Barclaycard Court Claim Form


    nice work tbrido.

    wish all defendants could make our life this simple on claimformicon threads.

    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  11. #11

    Default Re: PRA/Barclaycard Court Claim Form

    Thanks DX
    As you say in your replies to other threads
    CAGicon is self help aswell 😀, and also i have learnt a lot and have a better understanding of how things work with DCAs. All thanks to you guys


  12. #12

    Default Re: PRA/Barclaycard Court Claim Form

    Good morning.
    Defence submitted and shown as received on MCOL. PRA have yet to comply to both CCA and CPR requests.
    So in the mean time while we wait for them to send anything, more research in the forum threads.

    Totally of the topic question
    The donationicon I have made will this be paid every month (I think I chose this option) automatically or will I have to do it Manually ?

    Thanks again for all help


  13. #13

    Default Re: PRA/Barclaycard Court Claim Form

    Automatically if you opted for that option...check your statements.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
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  14. #14

    Default Re: PRA/Barclaycard Court Claim Form

    Thank you Andy.
    Will keep updating


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