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

[HSBCandMe]

I'm not sure PRA are solicitors. I thought perhaps they were a MDP with solicitors hooked on, but they are regulated by the FCA. So another one of those dodgy pseudo-legal firms.

[dx100uk]

pra have their own internal legal dept.

[AndyOrch]

Of a fashion 

[dx100uk]

[HSBCandMe]

probably employ paralegals and the like, and churn off precedents from PLC or similar

[Tbirdo]

Good morning just a quick update.

 

The hearing is set for 30th July. The claimant to pay court costs by 2 July.

 

To date no paperwork has been received (CCA & CPR). I have a couple of questions 

 

my colleague is adamant that he does not want to attend court, he would rather come to an agreement. Would it be better for him to come to an arrangement now ?

 

how would he go about doing this ?

(I.e.  offer monthly payments, full & final offer). 

I have read in another thread you can possibly have the hearing in your absence 

(Notice pursuant to rule 27.9 (1) of part 27 CPR)

 

all advice appreciated

[dx100uk]

no, if they've no paperwork I can see then discontinuing the claim.

their WS will be interesting reading then!!

don't blink 1st.

 

[Tbirdo]

Right DX will continue to wait. 

Thanks for advice, I will continue to update 

[Tbirdo]

Hi there just a quick update.

PRA have paid the court fees as expected.

Still haven’t received any documents for the CCA/CPR.

 

Hearing is for 30 july, typing error on post 31.

so I am preparing a witness statement in response, will get it posted up over the weekend.

 

my colleague is still adamant that he does not want to attend court, here’s hoping PRA discontinue the claim.

[AndyOrch]

Can always submit a statement and not attend...but its always better to be there...whichever party turns up is on the higher ground....particularly if the other does not.

 

Let me know once the statement is complete and I will draft you a covering letter of absence pursuant to the CPR  

 

Andy 

[Tbirdo]

Thanks Andy for reply I was going to use this letter from another thread 

 

IN THE  COUNTY COURT AT xxxx

CASE NO: xxxx

BETWEEN PRA GROUP – CLAIMANT AND xxxx – DEFENDANT

 

NOTICE PURSUANT TO RULE 27.9 (1) OF PART 27 CPR

The defendant hereby gives notice that it will not attend the hearing on 30th July 2019 at XXXX  and further gives notice that the defendant has served all documents upon which it relies on the claimant and has filed such documents with the court and hereby requests the court to decide the claim in the absence of the defendant and the defendant confirms it has complied with rule 27.9 (1) (a) and (b).

To: The claimant and to the district judge.

XXXX Served this XXX day of July 2019 by XXXX the defendant.

 

 

[AndyOrch]

Yes thats the one I drafted on another thread.

[Tbirdo]

1ST draft witness statement. all advice appreciated

 

 

 

In The *******County Court

Claim No. *********

Between **********Claimant

and

*************** Defendant

 

 

I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. It is accepted that  I have in the past had financial dealings with Barclaycard. That being a Credit card Agreement, of which I have never had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year 2008.

 

4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the  alleged amount.

 

(EXHIBIT 1)

 

7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 02/11/2018. I made a request for the following documents:

 

·         A copy of the Default Notice

·         A copy of the Notice of assignment

·         A complete set of statements detailing exactly how the debt has accrued detailing

·         All transactions

·        Any additional charges applied since the account was terminated

·        Details of all contractual interest added by whom and on what date.

 ·         A statement  of all payments received.

 

The claimant to date has failed to comply to my request.

 

 

(EXHIBIT 2)

 

8. A Section 78 request was sent on 28/01/2018 via royal mail signed for and shows as received 29/01/2018. The claimant has acknowledged the request by letter, but to date has failed to comply to my Section 78 request.

 

9 .On the 17/01/2018 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.

 

(EXHIBIT 3)

 

9. A CPR 31.14 request was sent 28/01/2018 via Royal Mail signed for and shows as received 29/01/2018. A Request for the following documents was made:

 

·         A full set of terms & Conditions

·         Notices of sums in arrears under running account credit CCA 2006 sec 86C.

·         Notice of Assignment

·         A Statement of account

 

The claimant to date has failed to comply and disclose any documents.

 

 

Conclusion

 

To date no Default Notice has been produced, no Notices of Sums in arrears have been produced, No Notice of Assignment has ever been received, and to date no statement of account has been produced.

 

The claimant has yet to comply to my Section 78 request with regard to clarity of a valid agreement, as yet I have never received an original or seen a copy of a valid agreement thus remaining in Default and therefore prevented from enforcing the agreement until such time it can comply.

 

The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.

 

Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process.It would be far gracious and forthright for the claimant to admit that they do not have possession of any valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

 I believe that the facts stated in the witness statement are true.

 

 

Signed………………………….

Dated……………………………

 

 

 

[AndyOrch]

·         The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974.

 

Thats for overdrafts Tbirdo so I have removed it from the above.

 

4. I had been paying regular monthly payments via a debt management company (************) up until xx/xx/2018, I ceased payments once I realised that I was being charged a fee to use they services.

 

Does not require that information your not claiming it is statute barred ... irrelevant ... removed.

 

Just a few typos and misconceptions removed...please check the above now.

 

Andy

[Tbirdo]

Thank you Andy. 

I am still waiting for their witness statement. Nothing so far.

 

2 copies of witness statements with exhibits ready to post. 

1 to court ( will drop of in person )

1 to PRA 

 

once again thank you Andy for all the assistance & advice 

[Tbirdo]

DX must have a crystal ball (post 32)

 

Notice of discontinuance letter received this morning.

 

So once again a big thank you to everyone who has contributed to this thread, especially Andy & DX. I am sure you have heard all this before but I am going to say it anyway.

With out the help & advice of these 2 gents, I don’t know how far I would have gone in the case. The advice they give is a godsend for the average person who hasn’t got a clue about DCA’s & how they operate, and the full court procedure. I must emphasise to any body else reading this thread PLEASE PLEASE do your own research in the CAG forums as well, this way you will be better equipped to stand a chance against these fleecers.

 

Thank you Andy & DX

 

DONATIONS DONATIONS DONATIONS 

[dx100uk]

well no.

it's was pretty obv they were going to do that.

 

the problem, for them, is that the 6200000 T&C etc for barclaycards of the era that most DCA's rockout as being 'the paperwork' ... have lost various DCA's a lot of cases ...as its so widely available on these forums and from DCA filing cabinets ...that anyone can copy and paste 'fake' details into them.

this has put serious doubt upon their authenticity when it comes to presenting them in court to a judge.

 

we wouldn't want a see a dca get told off by a judge for that now would we...

 

 

[Tbirdo]

No we wouldn’t want that to happen ,

Thank you DX again.

Donation has been made 

 

[AndyOrch]

 Thread title updated to reflect the outcome.....

 

Well done  Tbirdo and many thanks for your donation 

 

Andy