PRA Claimform - old Barclaycard debt

[nc11]

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!

 

[dx100uk]

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:

 

 

 

[nc11]

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

[dx100uk]

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]

[nc11]

Online part done. CCA and CPR - send recorded?

[dx100uk]

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

 

 

[nc11]

cca and cpr sent recorded.
What’s the next step? 

if we’re not waiting for the docs, what’s the defence based on, process?

[dx100uk]

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

 

[nc11]

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?

 

[AndyOrch]

Defence above edited to fit to your particulars of claim.

 

Not due until Friday 6th March 4.00pm.

 

Andy

[nc11]

Thanks Andy!

Edited February 24, 2020 by nc11

[nc11]

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?

[AndyOrch]

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.

[nc11]

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...

 

[AndyOrch]

Yes ....Directions Questionnaire next N180

[nc11]

Started reading up on n180. They still have 20 days or so to respond so will use the time for that. 

[AndyOrch]

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.

[nc11]

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.

[dx100uk]

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

goes in your favour.

 

dx

 

[nc11]

Yep, that’s the plan!