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johnbomo

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  1. Bizarrely I received some Sunday post, a letter from PRA. Looks like their attempt at fulfilling the CCA or CPR (can never remember what does what). I'll get it scanned up soon, but it's fairly lengthy. The short of it is that they are still waiting to receive the default notice from Barclays and will forward it on to me.... If memory serves me correctly this is what happened with my last CCA/CPR and that case was dismissed.
  2. Lovely stuff. I'll send everything out tomorrow then. Cheers
  3. Just posting out the N181 and I'm starting to doubt myself. Do I need to submit a proposed directions along with the N181. If so, what are they?? I did receive one from PRA (uploaded on the 21/9/21)
  4. Took a little longer than I thought to get this uploaded, but here is the whole allocation. Any advice? I'll reply to PRA tomorrow to say I agree to the extension. I'll post here before sending it out on Saturday. Cheers CourtAllocationCompleteRedact.pdf
  5. It's working okay for me.... reuploading from my phone PRAUpdateRedact.pdf CourtAllocationRedact.pdf
  6. I finally have some movement on the case. I received a letter from PRA that I'm a little unsure of. It seems to be them asking for a stay for a month and asking me to agree to it. Sure it's just old-fashioned f#@#kery, but I've scanned it up and added it to the post. And I've also received a Notice of Allocation. I've only scanned the first page as the rest is normal. Thoughts on the PRA request? I'm away for the next 4 days, but I'll get onto doing whatever is best when I'm back. Cheers PRAUpdateRedact.pdf CourtAllocationRedact.pdf
  7. Lovely stuff. Thank you Andyorch. Thought I better check as last time they were much quicker about it all.
  8. So nothing much has turned up yet and I'm not sure if I need to do anything. I received notification from the court of the Defense and one from PRA saying they will proceed, but nothing else. Letters uploaded PRACourtResponse-Redact.pdf CourtResponse-Redact.pdf
  9. Thanks Andyorch. I'll get it submitted asap. I'll let you know what turns up.
  10. That's great to hear. It has been an odd one. It seems whoever is dealing with it just wants rid asap, so probably completely unenforceable. I won't be settling on this one. What's life without a little risk?? Updated to contain a reference to CCA. If this is okay, I'll get it submitted tomorrow. 1. The claim is for the sum of £11,430.19 for an outstanding debt owed. 2. On 26/07/2016 the Defendant entered into an agreement with Barclays Bank UK PLC for a Bank Loan under reference ************ 3. On 04/01/2018 the Defendant defaulted on the agreement with an outstanding balance of £10,385.14. 4. On 29/11/2019 the debt of £11,430.19 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925 AND THE CLAIMANT claims the sum of £11,430.19 #####Defense###### 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. Paragraph 1 & 2 are noted and accepted that the Defendant has in the past had various financial dealings with Barclays Bank UK PLC. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. 3. Paragraph 3 is noted. Although I am unable to recall any service of a Default Notice pursuant to section 87 (1) of the consumer credit Act 1974. I have sought verification from the claimant regarding this matter and to date they have failed comply. 4. Paragraph 4 is noted. Although I am unable to recall the 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 Barclays Bank. I have sought verification from the claimant regarding this matter and to date they have failed to comply. 5. The Defendant has sought clarification by way of a CPR 31.14 by recorded delivery dated 07/08/2021. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance. 6. On the 07/08/21 by recorded delivery I requested information pertaining to this claim by way of a section 77 request pursuant to the Credit Consumer Act 1974. The Claimant replied dated 17/08/2021 "We will contact you to provide an update as soon as possible". The Claimant to date has failed to further respond and remains in default. 7. It is therefore not accepted 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 & Section 77 Request. 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 the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. 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. 10. 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.
  11. Running it to the wire as always, but I've read and read and think this fits the situation nicely. Any advice appreciated. It needs to be entered by 4pm tomorrow. 1. The claim is for the sum of £11,430.19 for an outstanding debt owed. 2. On 26/07/2016 the Defendant entered into an agreement with Barclays Bank UK PLC for a Bank Loan under reference ************ 3. On 04/01/2018 the Defendant defaulted on the agreement with an outstanding balance of £10,385.14. 4. On 29/11/2019 the debt of £11,430.19 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925 AND THE CLAIMANT claims the sum of £11,430.19 #####Defense###### 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. Paragraph 1 & 2 are noted and accepted that the Defendant has in the past had financial dealings with Barclays Bank UK PLC. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. 3. Paragraph 3 is denied. I am unaware of any service of a Default Notice pursuant to section 87 of the consumer credit 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 Barclays Bank. I have sought verification from the claimant regarding this matter and to date they have failed to comply. 5. The Defendant has sought clarification by way of a CPR 31.14 by signed delivery dated 07/08/2021. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance. 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants 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.
  12. Evening all. I haven't received anything from PRA apart from this letter (PRABarclaysResponse) I will just assume they're not going to offer anything, so I've been doing some digging. I've had this debt for quite a while and they are the 3rd DCA to try and get payment. After heading up the loft I found the previous attempts. The previous DCA were Wescot and Arvato. I was doing the old (and stupid) 3 letters with them, but they did back down each time. The interesting thing is they did provide some "evidence" of the debt. Both companies sent the same thing. Here is the letters and evidence received from Wescot (WescotBarclaysLetters) & (WescotBarclaysEvidence) - They claim Barclays no longer has access to some documentation.... The evidence is the only pages that seem to matter as the rest is just repeated boilerplate Finally there is an offer from Wescot for a reduced amount. This was the last time I heard from them. docs1.pdf
  13. So should I wait a little to see if any documents turn up before doing a defense or should I start getting it written now??
  14. Which one? The only thing mentioning "Letter of Claim" is the 26-07 letter, but it says Letter before Claim. I must have misunderstood. What would be the correct way to deal with these letters?
  15. I wouldn't say completely shot, but it wasn't at it's best. I have spent to week looking for anything from PRA regarding this debt. The only thing I have is a letter saying they're sending to their litigation team, but nothing else. I was hoping something would have turned up this week from them, but nothing as of yet. I'll scan the letter and upload in a few minutes.
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