PRA claimform Fast Track - old Barclays Loans

[johnbomo]

Name of the Claimant ? PRA Group (UK) Limited

 

Date of issue – 28/07/2021

 

Date  to submit defence - 27/08/2021

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1.The Claimant claims the sum of £11,430.19 for an outstanding debt owed. 

2.On 26/07/2016 the Defendant entered into an agreement with Barclays Bank UK PLC for a Bank Loan under reference #########.

3.On 04/01/2018 the Defendant defaulted on the agreement with an outstanding balance of £10,385.14.

4.On 29/11/2019 the debt of £11,430.19 was assigned to PRA Group (UK) LTD.

Notices were sent to the Defendant in accordance with S136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS 1. The sum of £11,430.19

 

What is the total value of the claim? £12,101.70 (including court fee)
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? N/A

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

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

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

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. Debt purchaser
 

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 ? I think so
 

Why did you cease payments? 04/01/2018
 

What was the date of your last payment? 01/12/2017
 

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? No

 

I'm entering this one a bit late as I only opened the letter on Thursday, but MCOL has been done, but no defence submitted.

 

CCA request going out in the next hour and CPR31.14 going out too.

 

Should I upload documents once received or just look for bits I've got from other on the same debt?

[dx100uk]

please note corrected defence filing date

 

yes get CCA/CPR running.

 

when did you take this loan out and how much?

 

tell us a bit more about the full history, i will guess you didn't respond to the letter of claim? though you said you got one?

 

[johnbomo]

Thank you for updating it. I can never work it out correctly.

 

The original debt was for 11,000 (I think. Not the most stable time in my life in fairness) It was taken out when stated - 26/07/2016

 

I'm not 100% sure about the letter of claim. There was a letter about 1-2 months ago claiming they would start legal proceedings, but it's hard to work out what is sabre rattling and not.

 

I've yet to receive any documents from PRA regarding the claim, so I'm guessing I just wait for them to arrive before uploading.

[dx100uk]

but you do not miss your defence filing date

things will run the same as your old disc'd cat claim you had before.

 

 

[johnbomo]

I'm on it now, so won't miss it . Just found what I thought was their letter of claim. Once I'm back from the post office I'll scan it in.

Edited August 15, 2021 by dx100uk
there their

[AndyOrch]

Topic title updated to reflect that this is a Fast Track claim as the amount exceeds the Small Claims Track of 10K

[johnbomo]

Here is their last letter.

 

I'll keep uploading whatever I find

 

PRAGroupBarclaysRedact.pdf

Edited August 7, 2021 by johnbomo
Re-uploaded

[dx100uk]

Keep looking.

It interests me why barclays sold this on.

When you took this out was your credit file shot with other defaulted debts late payment s etc.. 

[johnbomo]

I wouldn't say completely shot, but it wasn't at it's best.

 

I have spent to week looking for anything from PRA regarding this debt. The only thing I have is a letter saying they're sending to their litigation team, but nothing else. I was hoping something would have turned up this week from them, but nothing as of yet.

 

I'll scan the letter and upload in a few minutes.

 

Letter of 26-07-21

 

Probably just rubbish, but thought I should pop it up. One more to come.

PRAGroupBarclays26-07-21Redact.pdf

 

Last one for the day. Hopefully I'll get the documents from PRA this week.

 

PRAGroupBarclays26-06-21Redact.pdf

[dx100uk]

Thats the letter of the claim that you should not of ignored

[johnbomo]

Which one? The only thing mentioning "Letter of Claim" is the 26-07 letter, but it says Letter before Claim.

 

I must have misunderstood. What would be the correct way to deal with these letters?

[dx100uk]

Both.

One is the letter of claim the other is the reply pack that is associated with one.

 

too late to deal, the court claim it states will happen is with you.

 

Dx

[johnbomo]

So should I wait a little to see if any documents turn up before doing a defense or should I start getting it written now??

[dx100uk]

Always better to read up and prepare. Then you will learn the whole court process, whats next, how to respond etcetc

use our search top right

loan+claimform

 

std holding/no paperwork defence in most loan claimform threads here

 

the more you read ..the stronger we become.

 

they dont have to respond to a CpR anyway and rarely do.

 

Dx

[johnbomo]

Evening all.

 

I haven't received anything from PRA apart from this letter (PRABarclaysResponse)

 

I will just assume they're not going to offer anything, so I've been doing some digging. I've had this debt for quite a while and they are the 3rd DCA to try and get payment. After heading up the loft I found the previous attempts.

 

The previous DCA were Wescot and Arvato. I was doing the old (and stupid) 3 letters with them, but they did back down each time. The interesting thing is they did provide some "evidence" of the debt. Both companies sent the same thing.

Here is the letters and evidence received from Wescot (WescotBarclaysLetters) & (WescotBarclaysEvidence) - They claim Barclays no longer has access to some documentation....

 

The evidence is the only pages that seem to matter as the rest is just repeated boilerplate

 

Finally there is an offer from Wescot for a reduced amount. This was the last time I heard from them.

 

 

docs1.pdf

Edited August 25, 2021 by dx100uk
pdf's merged to 1

[johnbomo]

Running it to the wire as always, but I've read and read and think this fits the situation nicely. Any advice appreciated. It needs to be entered by 4pm tomorrow.

 

1. The claim is for the sum of £11,430.19 for an outstanding debt owed.

2. On 26/07/2016 the Defendant entered into an agreement with Barclays Bank UK PLC for a Bank Loan under reference ************
3. On 04/01/2018 the Defendant defaulted on the agreement with an outstanding balance of £10,385.14.

4. On 29/11/2019 the debt of £11,430.19 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925 AND THE CLAIMANT claims the sum of £11,430.19

#####Defense######

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. Paragraph 1 & 2 are noted and accepted that the Defendant has in the past had financial dealings with Barclays Bank UK PLC. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim.

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 Barclays Bank. I have sought verification from the claimant regarding this matter and to date they have failed to comply.

5. The Defendant has sought clarification by way of a CPR 31.14 by signed delivery dated 07/08/2021. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance.
 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

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

7. As per Civil Procedure 16.5 it is expected that the claimants 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.

[dx100uk]

interesting that letter from wetcloths 2018-09-07 stating  

barclays have advised that due to the age of the account they are unfortunately  unable to provide a copy of the account agreement.  

 

and a 70% discount one 2018-11-24... it id also worthy to note wetcloths don't buy debts they only chase for clients...SO if Barclays were offering a 70% discount - believe you me there is something serious wrong...NO CCA exists...you should win this hands down

 

 tough luck PRA - you've another lemon debt. and anything you produce is thus obviously NOT from barclays and a cut n paste job from you filing cabinet

[dx100uk]

no mention of your cca request in your defence

[johnbomo]

That's great to hear. It has been an odd one. It seems whoever is dealing with it just wants rid asap, so probably completely unenforceable. I won't be settling on this one. What's life without a little risk??

 

Updated to contain a reference to CCA. If this is okay, I'll get it submitted tomorrow.

 

1. The claim is for the sum of £11,430.19 for an outstanding debt owed.

2. On 26/07/2016 the Defendant entered into an agreement with Barclays Bank UK PLC for a Bank Loan under reference ************
3. On 04/01/2018 the Defendant defaulted on the agreement with an outstanding balance of £10,385.14.

4. On 29/11/2019 the debt of £11,430.19 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925 AND THE CLAIMANT claims the sum of £11,430.19

 

 

#####Defense######

 

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. Paragraph 1 & 2 are noted and accepted that the Defendant has in the past had various financial dealings with Barclays Bank UK PLC. I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim.

3. Paragraph 3 is noted. Although I am unable to recall any service of a Default Notice pursuant to section 87 (1) 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 noted.  Although I am unable to recall the 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 Barclays Bank. I have sought verification from the claimant regarding this matter and to date they have failed to comply.

5. The Defendant has sought clarification by way of a CPR 31.14 by recorded delivery dated 07/08/2021. To this date the claimant has been unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars and therefore prevented from enforcing the agreement until such compliance.

 

6. On the 07/08/21 by recorded delivery I requested information pertaining to this claim by way of a section 77  request pursuant to the Credit Consumer Act 1974. The Claimant replied dated 17/08/2021  "We will contact you to provide an update as soon as possible". The Claimant to date has failed to further respond and remains in default.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 & Section 77 Request.

 

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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

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

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. 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.

 

10. 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.

[dx100uk]

not sure on the 1 & 2 are accepted bit?

you are accepting you have a debt. poss just say noted?

 

not sure see what @Andyorch thinks

[AndyOrch]

Requires a little fine tuning.....I will run through it in the morning.

[AndyOrch]

Defence in post # 19 edited.

[johnbomo]

Thanks Andyorch.

 

I'll get it submitted asap.

 

I'll let you know what turns up.

[johnbomo]

So nothing much has turned up yet and I'm not sure if I need to do anything.

 

I received notification from the court of the Defense and one from PRA saying they will proceed, but nothing else.

 

Letters uploaded

PRACourtResponse-Redact.pdf CourtResponse-Redact.pdf

[AndyOrch]

You only filed 17 days ago the claimant can take up to 33 days to respond  and decide if they wish to proceed. The court will inform if so and send out a Notice of Allocation if and when.

 

Andy