PRA Group claim form - Barclaycard credit card

[dx100uk]

Its just a list of what you are sending them in your 'bundle' .  ws+exhibits etc as Andy stated a few weeks ago.  

 

 

 

 

 

 

 

 

[Boro]

Something like this?

IN THE COUNTY COURT AT XXXXXXXXXXX                                                                                                                                                                               CLAIM NO: XXXXXXX

 

BETWEEN:

 

PRA GROUP (UK) LIMITED CLAIMANT

 

and

 

XXXXXXXXXXXXXXXXX DEFENDANT

 

Exhibits

Exhibit 1 page 4 copy of particulars of claim

Exhibit 2 pages 5 & 6 copy of CPR request

Exhibit 3 page 7 copy of CCA request

Exhibit 4 page 8 copy of defence

Exhibit 5 page 9 Letter from claimant in response to my cca and cpr requests putting the account on hold whilst they tried to gather the information

Exhibit 6 pages 10 to ? reconstituted copy agreements & terms & conditions send by the claimant in response to my cca request

 

 

While searching for examples I found this, can I edit this to suit?

 

IN THE [Type or write in the name of the court] COURT              Claim No:

[Type or write in the case number]

 

BETWEEN

                                                                [Insert name]                 Claimant

                                                                     And

                                                                [Insert name]                Defendant

                                                    _____________________

                                                           Index to trial bundle

                                                     _____________________

Description of Document                                                   Page number

Claim Form                                                                         1 - 2

Particulars of Claim (including medical report)                        3 – 20

Defence                                                                              21 - 24

Order for directions dated 1st November 2018                        25-26

Agreed Case Summary                                                         27

Witness statement of the Claimant                                        28 – 32

Exhibit to the witness statement of the Claimant                    33 – 35

Witness statement of Mr X                                                   36 – 39

Exhibit to the witness statement of Mr X                               40 – 42

Witness statement of the Defendant                                     43 – 47

Witness statement of Y                                                        48 – 51

Exhibit to the witness statement of Y                                    52 – 56

DVLA document V5C                                                           57 – 60

MOT test certificate                                                             61 – 62

Repair & Care Recovery and Storage Invoice                         63

[AndyOrch]

On 18/07/2022 at 15:16, Andyorch said:

It is rather misleading when the court refers to a bundle in Small Claim Track and obviously more appropriate for the claimant has they will have more to disclose. As the defendant your " Bundle " will consist of a copy of the claim/defence/statement and any disclosures (IE your CCA/CPR requests and any responses and any other document (could be court documents) that you may wish to refer/rely on to support your defence/statement.

 

As for drafting your statement there are plenty of examples that I have already done for other users...its important that it is drafted in the correct format and complies with the CPR/Courts directions.

 

Take a look around and find examples and have a go at drafting....we will check it before your ready to submit.

 

Andy.

 

 

.

 

As already explained previously...bundle normally only applies to Fast Track complicated claims where there are 100s of documents...but if you really want belt and braces.....

 

https://www.consumeractiongroup.co.uk/topic/416164-preparing-your-court-bundle/#comment-4983248

 

 

[Boro]

Thanks Andy, when describing documents is it enough to put "CCA request" and "CPR request" or do I also need the relevant sections? now that I have things in one folder on the pc and don't have paperwork all over the place I'm finding it easier

 

Once I'm done preparing the paperwork do I need to staple or bind it or can it go straight into an envelope

 

Did I read somewhere here or did I imagine it that I should include a copy of the claimants witness statement?

 

With the copy of my defence should I print off the original I have save as a word doc or the court pdf copy that has reference only watermarks?

 

Could I please check that this is okay before I print it off and hand it in to the court and email it to the claimant

 

I have the witness statement which Andy very kindly helped with, this is largely unaltered the following documents are listed in the index

 

I have this index to the bundle and I have the documents mentioned in the index with each page numbered

 

IN THE COUNTY COURT AT XXXXXXXXXX CLAIM NO: XXXXXXXX

 

BETWEEN:

 

PRA GROUP (UK) LIMITED CLAIMANT

 

and

 

XXXXXXXXXXXXXXXXXXXX DEFENDANT

 

------------------------------------------------------------------------------------------------------------------------

 

INDEX TO TRIAL BUNDLE

 

------------------------------------------------------------------------------------------------------------------------

 

 

Description of document                                              Page number

 

Defendants witness statement                                               1 - 3

 

Claim form                                                                                 4

 

CCA section 78 request                                                             5

 

CPR 31.14 request                                                                   6 - 7

 

Defence                                                                                     8 - 9

 

Letter from Claimant acknowledging CCA & CPR requests        10

 

Reconstituted copy agreements & terms & conditions             11 - 38

 

Claimants witness statement                                                    39 - 48

 

 

To add on from my last post in an effort to clarify, the witness statement is as Andy posted earlier today I have not made mention of documents or the page numbers in the witness statement, these are in the index above

[AndyOrch]

10 hours ago, Andyorch said:

If you wish to add exhibits mark the relevant paragraph's with " see Exhibit no xxx"

 

7.The defendant made a formal written request to the Claimant for them to provide a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the XXth September 2021 along with the standard fee of £1.00 to which the defendant received a reply dated XXrd September 2021 putting their account on hold whilst they tried to gather the information. (See exhibit 1a CCA request)

 

Just looking at the statement again I cant see no mention of CPR 31.14 ?

[AndyOrch]

2 hours ago, Boro said:

Did I read somewhere here or did I imagine it that I should include a copy of the claimants witness statement? No

 

With the copy of my defence should I print off the original I have save as a word doc or the court pdf copy that has reference only watermarks? Original either word doc or PDF irrelevant really as long as there is a copy in your bundle list

 

 

[Boro]

Your right the witness statement doesn't mention the CPR 31.14 request but one was sent and it is mentioned in the defence, does it need adding to the witness statement?

[AndyOrch]

Yes add it before 7 and renumber. and finish the paragraph with (see exhibit 2a CPR 31.14)

[Boro]

What exactly do I say?

[AndyOrch]

Same as your number 7 but change section 78 CCA to CPR 31.14 and obviously the date you sent it. 

[Boro]

It was sent at the same time as the CCA request, unlike the CCA request which the claimant acknowledged and put the account on hold it wasn't until the 12th of April 2022 that the claimant sent a letter which was a combined response to both currently shown in section 8 (now 9), does this sound okay? does 8 (now 9) need tweaking to reflect this

7. The defendant made a formal written CPR 31.14 request to the Claimant on the 17^th September 2021.

[dx100uk]

or simply put has failed to date to supply any of the required documentation.

 

[Boro]

They did though DX, they failed to provide an original agreement but did supply two reconstituted copy agreements & terms & conditions, a notice of assignment, default notice, statements of account and letter before claim

[dx100uk]

well why have you got a problem then with understanding what andy says to do? its really really simple to follow.

 

the judge has not got a word for word checklist that a WS must look like and must be in these words or in this order, and even if he did, he would not say haha you got that wrong, and throw the whole case out.

 

 

 

 

 

 

 

[Boro]

There are still bits I don't properly understand DX, whilst I didn't think the judge would through the whole lot out I did worry that if not in the correct format some of it may be excluded

 

Andy in addition to creating a section before 7 to cover the CPR request I think 8 probably needs tweaking due to the below

 

I sent CCA section 78 & CPR 31.14 requests both dated 17/09/21 to the claimant, I received a response dated 23/09/21 from the claimant acknowledging my CCA & putting my account on hold, I received a combined response to my CCA & CPR requests from the claimant dated 12/04/2022 this contained what they refer to as reconstituted agreement, historic & varied terms and conditions, statements, notice of default, notice of assignment and letter before claim

 

To me it looks as though they have provided 2 reconstituted agreements which I uploaded in the second pdf, could someone please confirm that they have sent two, the two combined are 28 pages, do I need to include all 28 pages of this as an exhibit with my witness statement

 

I want to keep this as simple as possible whilst still providing anything essential so what of the following should be included with my witness statement:

 

Copy of the claim form

 

Copy of my defence

 

Copy of my CCA section 78 request

 

Copy of my CPR 31.14 request

 

Both reconstituted agreements, all 28 pages?

 

Is there anything else I should include?

 

Sorry I know some of this has probably been answered but I have read this thread multiple times and the more times I read it the more confused I get

 

Thanks

 

 

[AndyOrch]

1 hour ago, Boro said:

Andy in addition to creating a section before 7 to cover the CPR request I think 8 probably needs tweaking due to the below

 

I sent CCA section 78 & CPR 31.14 requests both dated 17/09/21 to the claimant, I received a response dated 23/09/21 from the claimant acknowledging my CCA & putting my account on hold, I received a combined response to my CCA & CPR requests from the claimant dated 12/04/2022 this contained what they refer to as reconstituted agreement, historic & varied terms and conditions, statements, notice of default, notice of assignment and letter before claim

 

To me it looks as though they have provided 2 reconstituted agreements which I uploaded in the second pdf, could someone please confirm that they have sent two, the two combined are 28 pages, do I need to include all 28 pages of this as an exhibit with my witness statement

 

I want to keep this as simple as possible whilst still providing anything essential so what of the following should be included with my witness statement:

 

Copy of the claim form  Not with a Witness statement not required

 

Copy of my defence Not with a Witness statement not required

 

Copy of my CCA section 78 request Yes

 

Copy of my CPR 31.14 request Yes

 

Both reconstituted agreements, all 28 pages?  No just 1 set

 

Is there anything else I should include? Only if you have referred to anything in your statement and wish to rely on it..if you have not mentioned it you cant disclose it as an exhibit.

 

Sorry I know some of this has probably been answered but I have read this thread multiple times and the more times I read it the more confused I get

 

Thanks

 

 

 

 

So that's 3 exhibits as above to attach to the statement and numbered Exhibit 1a/2a/3a and marked same after the corresponding paragraph then attach an index sheet with the exhibits listed 1a/2a/3a  and named CCA request/CPR Request/ Reconstituted agreement.

 

Job done.

[Boro]

Should the copy of the claim form and copy of my defence be included with the paperwork I send but not mentioned in the witness statement and listed in the index instead? Or should I leave them out altogether

 

The two reconstituted agreements are different, one says that I have applied through moneysupermarket group (one referenced in witness statement I think) and the terms & conditions are different

 

So with exhibits at the end of the relevant paragraph do I put: A copy of my CCA request exhibit 1A can be seen on page 4, mark the CCA request as page 4 or does the CCA request copy also need to say Exhibit 1A on it

 

Any thoughts on the wording or the alterations to the witness statement in respect to CCA & CPR requests?

 

Thanks

[AndyOrch]

I must admit I have never in my time here on CAG spent so much time explaining how a witness statement and exhibits are put together...have you even looked at any other users examples ?

 

My last response here I have work stacking up.

 

Quote

Should the copy of the claim form and copy of my defence be included with the paperwork I send but not mentioned in the witness statement and listed in the index instead? Or should I leave them out altogether leave out no required court already has them

 

The two reconstituted agreements are different, one says that I have applied through moneysupermarket group (one referenced in witness statement I think) and the terms & conditions are different . Use both then

 

So with exhibits at the end of the relevant paragraph do I put: A copy of my CCA request exhibit 1A can be seen on page 4, mark the CCA request as page 4 or does the CCA request copy also need to say Exhibit 1A on it...the latter

 

Any thoughts on the wording or the alterations to the witness statement in respect to CCA & CPR requests? No nothing further

 

[dx100uk]

hows this going?

 

dx

 

[Boro]

Sorry Andy I wasn't thinking clearly, thanks for all your help

Since filing my witness statement I have received a hearsay notice from the claimant,

the deadline for the claimant to pay the trial fee has passed but still no word from the court and nothing on mcol, I don't know whether they paid the trial fee or not,

I have tried to contact the court without success, I sent them an email only to get an automated reply saying they aim to reply within 20 working days.

I wont be able to make the hearing if it goes ahead, I need to let the court and claimant know,

is there anything in particular that I need to say?

Thanks

[dx100uk]

mcol wont show the fee as the claim was long ago allocated to your local court.

Why can you now not attend the hearing?

You've known the date for weeks?

[Boro]

A family member has passed away, the funeral is out of county

[AndyOrch]

Quote

I wont be able to make the hearing if it goes ahead, I need to let the court and claimant know,

is there anything in particular that I need to say?

 

Ideally you should have attached a Notice to your statement informing the court/claimant sol of none attendance, the notice should state that pursuant to sec 27.9 CPR you will not be available for the hearing.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

Submit it ASAP

 

Andy

[Boro]

Thanks Andy, I have typed up a letter to the court, should I include a copy of the letter to the court with the letter I send the claimant?

[dx100uk]

Now read Andy's reply again, carefully....

 

Dx