PRA claimform - old Barclaycard debt hearing fee not paid so***Claim Struck Out***

[aliencontractor]

Hi all,

 

After some advice please on behalf of my wife.

 

She received a county court claim form from Barclays/PRA.

 

However, she has not worked for 18 months initially due to our business closing due to Covid and then a subsequent spinal injury, which we are at the mercy of the NHS (whole other story).

 

How do we go about filling in the income and expenditure form to offer at least a token payment.

 

I can offer her a bit but also have my own debts to deal with.

 

Many thanks

[dx100uk]

woa..slow down horsey

you dont go doing things like that, never blindly paying a DCA on ANY DEBT

they are NOT BAILIFFS

and have

no more legal powers than you or I.

 

can you please complete this:

have the correct info to properly advise you.

so we 

[aliencontractor]

Which Court have you received the claim from ? County Court Business Centre N1

 

Name of the Claimant ? PRA Group (UK) Ltd

 

Date of issue –6^th June 2022

 

Particulars of Claim

 

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

 

1.The claimant claims the sum of £13359.11 for an outstanding debt owed. 

 

2. On 22/10/2017 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference .

 

3.On 29/09/2021 the Defendant defaulted on the agreement with an outstanding balance of £13580.50. 

 

4. On 15/10/2021 the debt of £13580.50 was assigned to PRA Group (UK) Ltd.  Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. 

 

5 Adjustments have been applied in the sum of £221.19 and the CLAIMANT CLAIMS 1.  The sum of £13359.31

 

What is the total value of the claim? 13359.31
 

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? Yes
 

Did you inform the claimant of your change of address? Yes

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 ? After April 2007
 

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

 

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. Done by a 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 ? Don’t recall
 

Why did you cease payments? Lost job due to covid and subsequent illness

 

What was the date of your last payment? Jan 2021
 

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 have been reading a lot of the posts in the meantime and it seems to majority of threads recommend putting the acknowledgement of service in, requesting the CCA and CPR and preparing a defence.

 

Is this going to be applicable in our case? 

 

Thanks

[dx100uk]

yes sorry

 

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 on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
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 £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

 

.....

 

thats a very big card debt and quite a recent take out date

could get sticky for you.

 

 

[aliencontractor]

Thanks for the response, always appreciated.

 

Regarding your last comment, yes, the last thing we want is bailiffs turning up..

[dx100uk]

bailiffs which can only be authorised by the court, are not really a problem even if you do 'lose'.

it would thus be a consumer credit debt CCJ - which does not grant forced entry.

stop being scared of silly TV programs!! those are business debts!

 

[aliencontractor]

Thank you dx 

 

will do the instructions above

[aliencontractor]

Trying to do this but mcol is rejecting the claim number and password, have I still got time to post the response?

[dx100uk]

Due by 19 days from claim form date .

Have you created govt gateway 1st?

 

Dx

 

 

 

 

[aliencontractor]

Yep, created that ok

 

So created the account last week and have forgotten the password, these reset link just takes me back to the documentation on how to do a claim.

 

So created a new government gateway today which gets me to the part where I can enter the claim number and password but that no longer works

[dx100uk]

because you've used 2 gateway accounts

it will locked to the org one if you managed to get into mcol before.

 

you can ring northants bulk and ask for it to be reset

else yes you can email everything going forward but it would be much better to get MCOL working.

 

 

 

 

 

 

[aliencontractor]

Thanks again. So we can conduct this over email rather than posting stuff?  (If we can’t get mcol working)

[dx100uk]

certainly yes with regard to doing AOS/defence/DQ180 until it vacates mcol to your local designated court then mcol involvement ends

...BUT its far far better to get the MCOL portal working. they close at 4pm!!

[aliencontractor]

Thanks, got through to the wrong number after 1 hour delay but they did give us the email address and how to title the emails to ensure it goes right.

 

one question, the CCA should go to barclaycard or the claimant PRA?

[dx100uk]

the claim is nothing to do with the original creditor.

 

dx

 

[aliencontractor]

Thank you

 

Sorry for another question 

 

on the acknowledgement form it says 

 

“if you do not file an application within 14 days of the date of filing this acknowledgment of service, it will be assumed you accept the courts jurisdiction and judgement may be entered against you.”

 

does this only apply when you contest the jurisdiction?  Eg it does not start the 14 day count down right away when you are defending?

 

thanks

[AndyOrch]

Quote

Does this only apply when you contest the jurisdiction?

 

 

Yes...which your not.

 

Andy

[aliencontractor]

Thank you 

[dx100uk]

All in post 5

 

Dx

[aliencontractor]

Got ya, thanks

[dx100uk]

Dont forget our enhanced google search box.

 

there are 100's of

 

claimform Barclaycard

 

threads here to read.

 

Dx

[aliencontractor]

Thank you.

[aliencontractor]

Here is the defence we are intending to use

 

Particulars of claim for reference only

 

1.The claimant claims the sum of £13359.11 for an outstanding debt owed. 

 

2. On 22/10/2017 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference .

 

3.On 29/09/2021 the Defendant defaulted on the agreement with an outstanding balance of £13580.50. 

 

4. On 15/10/2021 the debt of £13580.50 was assigned to PRA Group (UK) Ltd.  Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. 

 

5 Adjustments have been applied in the sum of £221.19 and the CLAIMANT CLAIMS 1.  The sum of £13359.31

 

What is the total value of the claim? 13359.31

 

Defence

 

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 2 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.

 

3.Paragraph 3  is denied. I am not aware of service of a Default Notice by the original creditor.

 

4. It is denied that any amounts are due under any agreement.

 
5. On receipt of this claim I requested information pertaining to this claim from PRA group (UK) Ltd by way of a CPR 31:14 request sent via 1st class recorded post on 27/06/2022.Further to the above I sent PRA group (UK) Ltd a section 78 request via 1st class recorded post on 27/06/2022.

 To date, PRA Group Ltd are yet to furnish me with the requested information .

 

6.Therefore with the court’s permission the Claimant is put to strict proof to

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

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

 

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

 

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.

 

 

 

Question:  Can we put anything about these debts being purchased for like 10% of their value (from what I've heard)

Question 2:  Can we put as defence that she does not have any income presently 

 

Thanks.

[AndyOrch]

Ive added the particulars of claim for reference.

 

Quote

Question:  Can we put anything about these debts being purchased for like 10% of their value (from what I've heard) No

Question 2:  Can we put as defence that she does not have any income presently Irrelevant to the claim

 

In our initial questionnaire your response was that the claimant had sent a PAP ....did they respond and did you ask for any documents ?

 

Andy

[aliencontractor]

No they never sent any documents apart from the PAP notice and then the actual claim form.

 

have requested the documentation as per CCA and CPR 31:14