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    • Hi all,   Could any of the site team (or experienced site membes) give me any guidance on the above defence .   I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time   Many thanks in advance x 
    • Sorry but sounds like early days if CWD and lately IDR. Been dealing with this since 2009 and still going on as well as those crazy collection agency’s in Dubai also still emailing to this day.    I set up a special email account where I have everything from CWD, IDR and all others so it’s all in one place and the laws that have been broken.  Upon discussions also with R. Sterling at detained in Dubai its also been helpful.    Currently with the FO with my complaints against the attempted collection of debt in the UK when it has not been passed through the correct channels regardless of what is in the T&C.    Personally I would not pay any ting until as people know that debt has been passed through the correct manner of courts in the UAE or indeed purchased by a UK company which then I will be happy to defend given the laws here and whT I have available.    Make sure to ask for everything when the time come all statements, extra charges terms at the time of supposed signing etc !    Listen to the team also 
    • I'm sorry the CAB have given me some terrible advice in the past, and some others on here.  Please do as Andyorch says above. do not use Moriaty's forms.  Do not fill in ANY income and Expenditure for Moriarty. They have no more right ot demand that from you than I do.
    • Why are you considering Bankruptcy...they have not even issued a court claim yet ?    Its vital you use our forms provided in the link ...not the ones Moriaty have sent you.
    • Its already statute barred in my book...the Statute of limitations is quite clear...its just that the Judge in this recent case with PRA is trying to move the goal posts for his DCA chums by stating the period of limitation begins when the creditor issues a default notice and the 14 days have elapsed...that is what he classes as the cause of action...not the fact that creditor have failed to serve a DN in over  8 years..decides to serve one now which in effect makes the statute barred limitation period since last payment 14 years.   The Limitations states that the period of six years starts with no payment or acknowledgment within 6 years from when the cause of action accrues ...accrues being the operative word...the Act does not state accrues starts from the issuance of the defect notice, .....it as always been the cause of accrues from the last missed contractual payment...thats what determines the cause of action.   But the CCA1974 states that a creditor is not entitled to enforce an agreement until a valid default notice is served...so this Judge in his wisdom has tried to fuse the two acts together...which is obviously nonsense.. he has not allowed for creditors who serve the notice late or not at all.
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Steve.H

PRA claimform - old EGG now BC card debt ***Claim Discontinued***

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Name of the Claimant ? PRA Group

 

Date of issue 19/12/2018

 

What is the claim for –

 

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

 

An Egg CC debt £4793.79 + 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? £5058.79

 

what is the claim for: egg credit card

 

When did you enter into the original agreement before or after April 2007 ? 2005 should I request the CCA I believe they won't have a problem proofing I owe this debt?

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No it came off about a year ago

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? Yes sure I did !

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Had a brain injury

 

What was the date of your last payment?19/12/2018

 

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 planlink3.gif? Yes

 

How shall I defend / respond to this

they seem to be using bully tactics and fishing for me to pay up the full amount which I don't have.

 

in March last year they sent me a full and final settlement letter asking for £1680.37

I counter offered £1200

they refused it and said they would only take £1945 which is bizarre.

 

PLEASE SEE ATTACHMENT,

I questioned this on another forum and was told the wording is not right and the balance should be zero.

 

If you have not already done so – send a CCA Requestlink3.gif to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

 

Will Do !

 

Particulars of Claim

An Egg CC debt £4793.79 + court costs I went into arrears in 2010 after a head injury and have been making monthly payments. Egg was bought by Barclaycard since then and then they assigned/sold the debt to the PRA group 17/08/2015.

 

I have been paying without missing a payment but have not done their constant requests for income and expenditure.

I got a letter November 13th say my account had been transferred to the investigations and litigation department which I ignored.

 

Thanks for your help I don't have long to respond to this claim :(

IMG_20190104_194517.jpg

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Request the CCA and CPR from the solicitors.

 

its unlikely theyll get a compliant egg agreement from that far back. Most simply dont exist. Plus the debts are chock full of charges.

 

First, go to mcol and acknowledge the claim, make sure contest jurisdiction is unchecked and click through to the end and exit mcol. This submits your acknowledgement and gives you more time for a defence.

 

The likely reason theyve gone to a claim is because youve blindly paid without question for all this time, and they have you marked as gullible. Put them to proof that they can indeed chase you for this.

  • Confused 1

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

:D

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why have you come here SOOO!! late

I hope you have already acknowleged the claim [AOS] on MCOL website

else you might now be TOO LATE, and might already have LOST THE CASE.

you've lost 17 of your 33 days total to file a defence...

 

 

go it done NOW!!

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you for the reply dx100uk,

 

I was away but I still have until Monday I think as its 5 days + 14 ??

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Get that ack done now. Then check to see if its been accepted.


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

:D

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I make it sunday but get it done NOW

get the CCA/CPR away to PRA group tomorrow by recorded.

they'll have a job in getting the signed agreement [unless it was online?]

and the EGG T&C they never get right either.

 

esp as they say its a Barclaycard in their poc!!

they mention nothing about EGG on the court N1 do they?

  • Confused 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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and dont tell them it was egg. If they try to come up with a barclaycard agreement, theyve already done the work for you and the claims sunk.


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

:D

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Kewl I have submitted my acknowledgement on MCOL and might even send the CCA special delivery as it will get their Monday guaranteed :)

 

Thank you my friend !!

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and the CPR in the same envelope

pra have inhouse solicitors so no sep address is listed on the N1 form?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Sorry what is a CPR do you have a template please?

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Also does PRA being assigned mean they own the debt I have read they are not a DCA but purchase the debt?!

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post 3

 

pra are debt buyers


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi again,

 

I have sent the CCA and CPR via first class signed for which they should receive Monday, I have also acknowledged the claim(AOS) but this has not been approved yet I hope MCOL do this on Monday!

 

But what would my defense be to this claim if they produce the CCA that is?

 

That I was making regular payments under an old agreement and they should not have cancelled it ! Thanks in advance.

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Dont jump ahead of yourself just yet. They wont be able to produce the CCA. Why? Because they think its a barclaycard. It isnt. SO theyve already screwed themselves over with it. Of course you dont tell them that. Its also highly unlikely they will even fulfil the CCA request, so the claim will just get stayed.

 

Be aware they may send you letters of their own back saying they have requested judgement, even though the courts timeframe is still in effect. They do this so you dont fill in you side of the claim, and then they WILL go for judgement by default, leaving you with no avenue of counter.


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

:D

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need to get reading up steve

as far as I can see you've not read one other claimform thread in this forum.

 

although your defence is not due till day 33 [21st by 4pm]

no harm is finding out the stages of a claim and what to expect/do in the 'downtimes' between stages


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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"What was the date of your last payment?19/12/2018"

 

So, are you still making monthly payments on this debt?

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Yep I am atm I will have to see how it pans out and what they come back with !

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I am paying £7.28 a month atm.

 

I rang MCOL my AOS has been accepted and the CCA and CPR arrived today signed for ! I have until the 21st to defend the claim.

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I am paying £7.28 a month atm.

 

What's the history behind this arrangement? Had you agreed it with Barclaycard or PRA?

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Hi Shamrocker,

 

It was agreed by BC originally!

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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

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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.

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

 

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

 

Andy


We could do with some help from you.

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

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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 !

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