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nc11

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About nc11

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  1. Quick update - got a letter from PRA responding to the CCA request, saying that they’ve requested the information and placed the account on hold, which will cease any collections activity. Reading through the forum I think this doesn’t stop the court process, so a defence will still need to be logged. shouid I write back telling them to retract the claim if they’re holding activity?
  2. So after reading up on the other threads, the proposed defence should be this one:- ##defence## 1. 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. 2. Paragraph 1 and 2 are noted. I have in the past had financial dealings with Barclaycard . I am unaware of what account the claimant refers to. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 3 is denied. I deny having received a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 4. Paragraph 4 is denied . I can’t recall ever receiving any Notice of Assignment or ever having being approached pre litigation with regards to this alleged debt. 5. It is therefore denied that the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974 (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure 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 Credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the any relief by the defendant. ##end of defence## did I miss anything? If not, do I wait for the last minute to log into MCOL?
  3. cca and cpr sent recorded. What’s the next step? if we’re not waiting for the docs, what’s the defence based on, process?
  4. Online part done. CCA and CPR - send recorded?
  5. Name of the Claimant ? PRA group Date of issue – . 4/2/2020 Particulars of Claim What is the claim for – 1.the claimant claim the sum of £5000 for an outstanding debt owed. 2.On xx/xx/2xxx the defendant entered into an agreement with Barclays Bank for a credit card under ref xxxxxxx. 3.On xx/xx/2xxx the defendant defaulted on the agreement with a balance of £5000. 4.On xx/xx/xxxx the debt was assigned to PRA group. Notice of assignment were sent to the defendant in accordance with s126 law of property act. 5. And the claimant claims 1. The sum of £5000 What is the total value of the claim? =£5265 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I have been sent the LBA pack which I have only now received with the letter of claim. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? I have informed barclycard (have more than one card account) and whilst others are updated this one was not. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? Before 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? Post Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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. Assigned to the purchaser who is the claimant Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? This was last year so yes Why did you cease payments? dealt with a nasty divorce through last year What was the date of your last payment? end of 2018 Was there a dispute with the original creditor that remains unresolved? not that I recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  6. I’ve dropped the ball on a barclaycard debt for a while and got a court claim form for it. I’ve changed addresses a couple times from the original one and only sporadically collected post via a service from that address. It’s a £5000 debt for a pre 2007 credit card, which I’ve stopped payments for last year after a nasty divorce. I thought this one would just run it’s course and fall off in a few years. 1. looks like I’ve got 14 days to respond - Is that correct? 2. should I contact PRA saying I’ve not had any correspondence, etc, and ask them to halt proceedings? 3. will ignoring this letter is a valid option? it’s not special delivery or anything 4. I could respond to their ‘letter before claim’ sent during the Christmas break, only just now received, requesting all the particulars (cca, etc). with the claim letter issued, is that a waste of time? kind of at a loss here so could use some help!
  7. So it's not enforceable? whats my next step then?
  8. I hope the attached version scans better. That's the highest resolution my scanner goes to bc_scan_pub_2.pdf
  9. Those pages arrived as a5 hence the smaller scan... the details have been masked for obvious reasons, so am not sure what you'd like me to do??
  10. So what's my next step?
  11. See the attached scan please. bc_scan_pub.pdf
  12. Will do @dx100uk. I'm back in the UK tonight so will do it then. Assuming its a legit application form with my signature on, coupled with the standard terms, what would be my next steps?
  13. You'd think so, wouldnt you.... but actually it looks like the original:)
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