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

[Tbirdo]

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 protocol) ?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 plan? 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 January 22, 2019 by dx100uk

[Tbirdo]

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

[Tbirdo]

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.

[Tbirdo]

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 February 11, 2019 by Andyorch
edited

[Tbirdo]

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.

[Tbirdo]

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

[Tbirdo]

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

[Tbirdo]

Thank you Andy.

Will keep updating

[Tbirdo]

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.

[Tbirdo]

Nice one thank you Andy 

[Tbirdo]

Just received DQ, 

i will be posting today

 

1copy for myself

1 copy to the courts signed

1 copy to DCA solicitors

 

 

[Tbirdo]

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 ?

[Tbirdo]

Thank you

[Tbirdo]

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

 

 

[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

[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.

[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.

 

 

[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……………………………

 

 

 

[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 

[Tbirdo]

No we wouldn’t want that to happen ,

Thank you DX again.

Donation has been made