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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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.  Debt was with halifax, whom passed the debt to PRA Group. 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?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 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?  No
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just started cca request, help


paulrob2808
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Hi, I have posted else where on here but been advised to start my own thread so here it is, sorry about repeating myself but i thought i should outline what has happeded so far.

 

I sent a cca request and only received the standard T&C back, the account was a Goldfish account going years back but seems to have changed to barclaycard so them sending a barclaycard T&C dose not make sense as i have never signed anything with barclaycard. The original CCA would be a goldfish one and i wonder if they would have it still, the amount of data that would have to be transfered from goldfish would be huge.

 

what i have just done today is sent the following letter to them which i was told would do.

 

 

Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current Terms and Conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming.

 

However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement

 

Yours faithfully,

 

I have also been told to apply for a sar , can someone explain what this is and why i should request it and how i go about doing this.

 

Thanks and i hope someone can help.

 

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Hi PR,

 

You're unlikely to get the Agreement back from BC using the CCA request - the T&C's is their answer and, as far as they're concerned, they've complied with your request.

 

Read Link No2 in my signature below about using the CPR route to get your Credit Agreement.

 

If you've had any penalty charges on the a/c in the last 6 years but don't have all your statements, send them a SAR. Then you can set about reclaiming these charges. Read Link No1 in my sig're - Reclaiming Guide.

 

:)

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Which letter have you sent.

 

If you're reclaiming charges, it should not be necessary to involve the FOS as BC will repay your charges.

 

If you are referring to getting sight of your Credit Agreement, the FOS are not involved in this. If BC fail to respond to your CPR request, you take them to court to seek an order for the production of the document.

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Hi PR,

 

You still haven't said which letter you sent.

 

Even though there's no money involved, you take them to court to get an order for production of the credit Agreement. This is explained in the early posts of the CPR thread.

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This is the one i sent

 

Further to your letter dated 27 February 2009 In response to my request under the Consumer Credit Act 1974, the document provided is a standard copy of the current Terms and Conditions only. A copy of the executed agreement relating to the alleged account was not forthcoming.

 

However, as I am sure you are aware, this does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

 

I now request that the relevant documentation is provided in relation to the above account. I require a true copy of the executed agreement, the terms and conditions relevant at that time and additionally a statement of account providing a complete breakdown of how the alleged debt was calculated.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement

 

Yours faithfully,

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Hi PR,

 

They won't agree with your view and will continue to harass you re this account. So you need to think ahead and plan your next moves.

 

If you've had any penalty charges on the a/c in the last 6 years, have you got all your statements to list the charges on a Site spreadsheet.

 

If you don't have all the statements, your best move now will be to send BC a SAR. As well as getting you statements for the last 6 years, the SAR will also demand sight of your Credit Agreement.

 

If they fail to provide this as well, you could complain to the Info Commissioners Office.

 

If you're unsure of the Reclaiming process, read Link No1 in my signature below.

 

:)

 

If they fail to provide this, you can complain to the

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  • 4 weeks later...

hi, just an update, i have not had a reply to my last request to BC and i dont know what to do next, the only thing they have sent me is a copy of there standard T&C but they were Barclaycard ones and the original agreement would have been a goldfish one, can someone advise me what i can do next. i was thinking of getting a solicitor to write to them .

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Hi PR,

 

i was thinking of getting a solicitor to write to them .
IMHO, that would be a waste of good money.

 

BC are unlikely to respond any differently to a sol'r than they are to you. Your strategy should be to ask the right questions and take the right action.

 

I suggest you look at the CPR approach as already mentioned above.

 

You have not said whether you think there may be charges on the a/c which you can reclaim. Have you sent a SAR or do you have the nec'y statements already to see if you've paid penalty charges.

 

:)

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Hi, Thanks for that, there is not any charges involved as i have paid the min amount every month , I have just sent a letter from your link 2 which ,like you said does not use the 1974 act, so i will see if that gets a response. Thanks for your help. PS i dont think i will use a lawyer . lol. do you think i should also start a cpr , i dont really know how to but if i did , what would they have to give me. Paul

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Hi PR,

 

See how they respond to your 1st CPR letter, and take it from there.

 

:)

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  • 4 weeks later...

well, time is up and not a word from them, this is so wrong. how can i make them sebd this. can i write to them and state that i believe the account isd now in dispute and i will not make any payments until i get a copy of my agreement. will i drop myself in it if i do this. I dont think they have it as it was a goldfish card taken out years ago and BC have taken over the account . help please

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Hi PR,

 

Time to send 2nd CPR letter as per Pt2537's thread.

 

Also, if you want to stop pay'ts because of their failure to supply the agreement, send a CCA request first.

 

Use Letter N from here with the £1 fee - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

You can then stop payments after 12 + 2 working days. :)

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Hi, I have already sent a cca request which they replyed by sending me general terms but not a copy of my agreement, i then replyed but had nothing back, i then sent your template letter, all were sent recorded. How do i stand stopping payments. will it affect my credit.

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Hi Paulrob

 

Yes it will effect your credit file stopping payments certainly short term.

 

You will find even though thye shouldnt, they will register adverse information against you.

 

I am going down PTs CPR route with BC and approaching N244 stage, I have maintained minimum payments on my card because I can afford to (for now anyway), but it depends on your circumstances.

When the account is in dispute they should not ask for payment but they will...I havent read an instance where any card company has played correctly with this respect.

 

I would follow PTs advice with the CPR route, keep all correspondence, send eveyrthing recorded and build up a strong audit trail for later.

 

Hope that helps and good luck.

 

Fingers

The Story So Far...

 

Barclaycard - Fingers Vs Barclaycard

Egg - Egg Credit Card CCA Agreement - help

Halifax - Halifax Credit card CCA

IF - CCA received

Lloyds - Lloyds CCA

MBNA-CCA received, challening

Virgin - Virgin Card CCA May 2006 - Help Required

 

OH Barccard - 2 s78 letters, on 2nd cpr

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cheers for that, i am also paying min payments and i think i will until i know i have a case, i do wonder if they even have the cca because when they took the goldfish accounts over there would have been a lot of data on accounts and i wonder if that why they do not reply, its like sending the BC terms, i never took or signed anything with BC so would that mean i have never agreed to BC terms. should they have writen to me stating they had taken on the goldfish accounts and asked me to agree to a new CCA with BC.

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Hi PR,

 

Just because they haven't sent you a credit agreement doesn't mean they don't have one. They are just not sending them out to anyone.

 

Well, not BC a/c's anyway. They have sent out some Monument Agreements - http://www.consumeractiongroup.co.uk/forum/barclaycard/197322-barclays-monument-credit-card.html#post2139887

 

When they took over the Goldfish a/c's they would have written to you confirming this, but there would have been no new agreement for you to sign.

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On the contrary PaulRob !

 

They are realising that people no longer back down or roll over just because they're a big bank.

 

They vast majority of CAGgers, who took banks to court before the OFT test case, won their claims.

 

The credit cards are repaying penalties, almost on demand.

 

And those who defend claims brought against them regularly win in court.

 

One word of advice though - don't threaten to take the bank to court unless you really intend to. It's not so hard and any costs you incur will normally be reclaimed from the bank. :)

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  • 2 weeks later...

Hi, here is a copy of the letter recieved along with the BC standard terms. The say they have to give me a copy of my excuted agreement so how can a terms and conditions sheet be an excuted agreement concidering the original agreement would be a goldfish one anyway. should i now send the second letter on link 2 or is there something else i can do. I have sent them the standard with a £1 fee and also the first letter on link 1. It has a second page to the letter saying , This completes our obligation to you under section 78 of the consumer credit act 1974

 

 

 

BCletter11004.jpg

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Hi PR,

 

You'll get no further with them using the CCA request.

 

You should therefore now take the next step of the CPR strategy.

 

:)

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