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PRA/Barclaycard Court Claim Form***Claim Discontinued***

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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 protocollink3.gif) ?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 planlink3.gif? Yes I was on a debt management plan

 

He has done the AOS on MCOL.

CCA request ready to send to claimants

CPR.31.14 ready to send to claimants solicitors

 

Any help and advice appreciated. Donation will be made

thank you

Edited by dx100uk

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Bet they cca return with the usual 620000 crap

See a few hoist bc claimform threads here

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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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

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you say claimform was 17-12 above

you mean 17/01?

 

if so defence date is 18/02


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Apologies

Claimform issued 17/01/2019

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

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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 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 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

© 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 Procedure 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

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

 

Andy


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

 

I will update when done.

Donation has been made and will continue to do so on a monthly basis.

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:yo:

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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:high5::high5:

nice work tbrido.

 

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

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks DX

As you say in your replies to other threads

CAG 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

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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 donation 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

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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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Thank you Andy.

Will keep updating

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Good morning.

 

i have received the following letter from PRA 

“We write further to the above case and confirm receipt of your defence. We have written to the court and wish to inform you that we intend to proceed with the claim”

 

Still no response to the CCA or CPR requests. Reading through other threads this is normal procedure from PRA.

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Normal procedure for all of them......N180 next ......Directions Questionnaire......which will allocate the claim to track and transfer it to your local county court.

 

Post up when you receive it 

 

Andy

  • Thanks 1

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Nice one thank you Andy 

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any update here?

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Just received DQ, 

i will be posting today

 

1copy for myself

1 copy to the courts signed

1 copy to DCA solicitors

 

 

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Use the above to complete on screen and run 3 copies.

 

Yes to mediation

Yes to small claims track

State your local county court name.

1 witness yourself.....the rest is self explanatory.

 

Andy

  • Like 1

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Hi Andy, just wanted to ask as this thread was opened for a colleague, would it be possible for me to attend court with him (if it gets to that stage) , as he is really nervous and scared ?

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Yes have a read of the following..you would have to seek the county courts permission in advance.This is for support purposes only..you will not be allowed to act for your friend.

 

https://www.gov.uk/litigation-friend/suitability


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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Thank you

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Quick update, you might find this amusing

 

i have just the DQ from PRA solicitors, yes to mediation, local county stated, only thing is the form has somebody else’s name on it

 

 

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Well it is PRA and as you see their knowledge of process and debtors is questionable and not to be relied upon 😎


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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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