Jump to content


  • Tweets

  • Posts

    • I've an idea that what this is is clearing out stock of old tech panels as there have been signs of major breakthroughs in solar tech - inc what is effectively solar paint   reuters.com WWW.REUTERS.COM  
    • ROFL - says a minister of the government that lets its politicians promote their agendas unchallenged and well paid on the UK's version of Russia Today translated UK deputy PM launches global push to mask their election rigging "The UK is following Russia and China on a government minister and MP led process to get paid vast sums to put our message out to the plebs unchallenged, funded via right wing billionaires, AI from foreign states, and misuse of taxpayer money.   reuters.com WWW.REUTERS.COM  
    • Yes, but the process starts here... https://ico.org.uk/make-a-complaint/data-protection-complaints/what-to-expect/ This involves making a complaint to GS first before approaching ICO. However, at the time of the complaint, I beleive we'd advise the complainant to ask for some compensation and take it from there. @FTMDave?? No, I meant this forum, The Consumer Action Group, where you're posting right now.😄 (We're in the slow process of rebranding as The National Consumer Service.)
    • Thank you. The npower debt was from 2019/2020 until EON took over the account late 2021. npower had set a DCA on me even though I owed them nothing. I spoke to a customer service agent, following up by email, who confirmed I was in credit . I made a complaint to head office who sent a barrage of emails, changing the amounts each time. According to them, I owed £279. The debt grew to what it is now as first npower and then EON subsequently failed to put a payment arrangement and direct debit in place to pay off this supposed sum and my ongoing bills. I was very ill with Covid, struggling in lockdown with a disabled child and informed them of all this. EON stopped their legal action when I took them to the ombudsman as this was part of my complaint and requested remedy but I have not received a notice of discontinuance.  I would like to set up my own dd to pay them off but am concerned they could still take legal action. I am on a low income and can’t afford to pay them more than a token amount each month.  And yes, they state their client is EON and that they can return the debt to EON who can either register a default or take me to court. 
    • Thank you guys! @lookinforinfo thank you for the case, it seem to similar with my case which is gold. @Nicky Boy shouldn't be ICO?   Personal data breaches: a guide ICO.ORG.UK   For CAG I found this  The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information. This includes providing advice to us, the Health Research Authority (HRA) for research uses. It also provides advice to the Secretary of State for Health for non-research uses.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

PRA Claimform - old Barclaycard debt


nc11
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1413 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I’ve dropped the ball on a barclaycard debt for a while and got a court claim form for it.

I’ve changed addresses a couple times from the original one and only sporadically collected post via a service from that address.

 

 It’s a £5000 debt for a pre 2007 credit card, which I’ve stopped payments for last year after a nasty divorce.

I thought this one would just run it’s course and fall off in a few years.

 

1. looks like I’ve got 14 days to respond - Is that correct?

2. should I contact PRA saying I’ve not had any correspondence, etc, and ask them to halt proceedings?

3. will ignoring this letter is a valid option? it’s not special delivery or anything

4. I could respond to their ‘letter before claim’ sent during the Christmas break, only just now received, requesting all the particulars (cca, etc). with the claim letter issued, is that a waste of time?

 

kind of at a loss here so could use some help!

 

Link to post
Share on other sites

  • dx100uk changed the title to PRA Claimform - old Barclaycard debt

its not a letter from PRA 

its a large brown windowed A4 envelope from northants bulk county court - a court claim pack.

you DO NOT ignore 

you DO NOT contact the fleecers or their dogs.

his

next time..never ignore a Letter of claim

never run from debt

never move without informing ALL your debt owners in writing

 

... you are lucky this was not filed to an old address and 1st you'd know is bailiffs at your door

 

please complete this:

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Name of the Claimant ? PRA group 

 

Date of issue – . 4/2/2020

 

Particulars of Claim

 

What is the claim for – 

 

1.the claimant claim the sum of £5000 for an outstanding debt owed.

 

2.On xx/xx/2xxx the defendant entered into an agreement with Barclays Bank for a credit card under ref xxxxxxx.

 

3.On xx/xx/2xxx the defendant defaulted on the agreement with a balance of £5000.

 

4.On xx/xx/xxxx the debt was assigned to PRA group. Notice of assignment were sent to the defendant in accordance with s126 law of property act.

 

5.

And the claimant claims

1. The sum of £5000

 

What is the total value of the claim? =£5265

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  I have been sent the LBA pack which I have only now received with the letter of claim.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? I have informed barclycard (have more than one card account) and whilst others are updated this one was not.


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after April 2007 ? Before 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Post

 

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. Assigned to the purchaser who is the claimant 

 

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? Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? This was last year so yes

 

Why did you cease payments? dealt with a nasty divorce through last year

 

What was the date of your last payment? end of 2018

 

Was there a dispute with the original creditor that remains unresolved? not that I recall

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I would

you've already lost 14 of your 33 days to file a defence.

get reading up too

 

use our custom google search box

 

claimform barclaycard.

the more you read the stronger we become

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

use our custom google search box which appears after you hit our top squares logo.

 

claimform Barclaycard.

or look in the successes forum off this one

 

you want the std holding/no paperwork defence.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

So after reading up on the other threads, the proposed defence should be this one:-

 

##defence##

1. The Defendant contends that the particulars of claim are 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. Paragraph 1 and 2 are noted. I have in the past had financial dealings with Barclaycard . I am unaware of what account the claimant refers to. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  

 

3. Paragraph 3 is denied. I deny having received a Default Notice required under s87(1) of the consumer credit  Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

4. Paragraph 4 is denied . I can’t recall ever receiving any Notice of Assignment or ever having being approached pre litigation with regards to this alleged debt.

 

5. It is therefore denied that the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is 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 82A of the Consumer Credit Act 1974.

 

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the any relief by the defendant.

##end of defence##

 

did I miss anything? If not, do I wait for the last minute to log into MCOL?

 

Link to post
Share on other sites

Defence above edited to fit to your particulars of claim.

 

Not due until Friday 6th March 4.00pm.

 

Andy

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 OTHER

 

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

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

Link to post
Share on other sites

Quick update - got a letter from PRA responding to the CCA request, saying that they’ve requested the information and placed the account on hold, which will cease any collections activity.


Reading through the forum I think this doesn’t stop the court process, so a defence will still need to be logged.

 

shouid I write back telling them to retract the claim if they’re holding activity?

Link to post
Share on other sites

No dont write to them ...but pleased you seen through their attempt to give you the impression it is on hold...submit defence on time.

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 OTHER

 

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

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

Link to post
Share on other sites

  • 2 weeks later...

A couple of updates to this:

 

- defence logged on MCOL in time

- court confirmation letter received

- that quickly followed by a PRA letter that they intend to proceed with the claim

 

judging from most threads, standard practice so far...

 

Link to post
Share on other sites

Yes ....Directions Questionnaire next N180

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 OTHER

 

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

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

Link to post
Share on other sites

Quote

They still have 20 days or so to respond so will use the time for that.

 

Who has 20 days and to respond to what ?  You both have to complete the N180 and file and serve.

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 OTHER

 

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

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

Link to post
Share on other sites

  • 1 month later...

Update - after filing n180 end of March got an email this morning with a mediation date in 2 weeks.

No further docs received from PRA (cca or SAR) so not sure I can positively respond to the first question usually asked whether I’ve had all the information required.

 

Going to get reading on mediation posts now in case there are recent ones.

Link to post
Share on other sites

argee until the actual phone mediation..enter the spirit give them time

goes in your favour.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...