PRA claimform - old Barclaycard debt

[Andyorch]

But did you request documents as per your response to their PAP ?

[aliencontractor]

No I did not

Is that going to cause us problems in the defence?

 

And sorry for the delayed response

[Andyorch]

Not really, I'm just trying to establish if they complied with the PAP...not sure why you didnt request the documents at that stage rather than after the court claim.

[aliencontractor]

Yep that is a mistake on our part unfortunately 

[Andyorch]

So you need to get this finalised and submitted by Friday 4.00pm......I would run with the following.

 

Defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The claimant even fails to refer to an agreement number. Therefore 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 noted. Whilst I have had dealings with Barclaycard given that claimant fails to refer to an account number I am unaware what agreement the claimant wishes to rely upon.

 

3.Paragraph 3 is noted although without knowledge of which account the claimant refers to I can neither admit or deny the receipt of a Default Notice pursuant to sec 87(1) CCA1974 being received 

 

4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to.

 
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 and 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  and therefore prevented from enforcing the alleged agreement.

 

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

 

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.

 

Andy

 

 

 

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 

 

 

 

[aliencontractor]

Thanks Andy 

 

regarding the agreement number, they did provide a reference number but it looks like the forum has removed that probably to avoid personal Information.

 

so does item 2 still stand? 
 

if so thanks very much, will get it filed.

[Andyorch]

On 14/06/2022 at 10:19, aliencontractor said:

 

 

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

 

 

No the forum has not removed anything that's why we ask for the particulars verbatim (no hiding editing reference numbers etc etc)

You will have to adjust it then and remove any reference to no agreement /account numbers

[aliencontractor]

Thanks, will do.

[aliencontractor]

And apologies for missing that information out.

[Andyorch]

Type here the particulars of claim verbatim Removing the agreement numbers and replacing them with XXXXXXXX and I will have another look at it tomorrow...you have to be very careful here this is a Fast Track claim...you cant state you didn't receive a default notice.....you said you had in the Questionnaire...you cant deny facts you obviously know. 

[dx100uk]

should be a16 digits number

hoist are/were well know for quoting non card numbers in their pocs. PRA might be the same.

 

 

[aliencontractor]

The Claimant claims the sum of £13,359.31 for an outstanding debt owed.

On 22/10/2017 the Detendant entered into an agreement with Barclays Bank UK PLC for a Credit Card under reference 4XXXXXXXXXXX.

 

On 29/09/2021 the
Defendant detaulted on the agreement with an outstanding balance of £13,580.50.

 

On 15/10/2021 the debt of £13,580.50 was assigned to PRA Group (UK) LTD.
Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. Adjustments have been applied in the sum of £221.19.

 

AND THE CLAIMANT CLAIMS 1 The sum of £13,359.31

 

 

Will remove the default notice part from the defence as well

 

dx, the reference is only 12 characters long

[dx100uk]

aha only 12 digits so cant be a credit card number then.

typical of these debts.

 

document returns at the disclosure stage should be interesting then.

as i said there are quite a few hoist barclaycard claimform threads here

of these failed correct card number ones they lost or didnt proceed with the claim following defence filing.

 

 

[aliencontractor]

Great, I’ll get the defence rewritten based on the above and submit tomorrow.

 

will have to be via email as mcol could not sort out my account

[dx100uk]

pop it up here 1st.

 

 

[aliencontractor]

Ok, is this good?  Have removed the default notice part and just acknowledged that point.

 

Do I need to mention the short agreement/reference number?

 

 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 acknowledged
 

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;

 

7. 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.

[aliencontractor]

As I am having to use the email method, can I just add that defence text to the email or do I need to manually write it on the form and scan that? (as mcol doesn't work)

[Andyorch]

Don't submit anything just yet.....I will get to you.

[Andyorch]

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 in the past had dealings with Barclaycard It is denied that I have entered into agreement under reference number  4XXXXXXXXXXX which the claimant wishes to rely upon.

 

3.Paragraph 3 is denied. I have never entered into an agreement under reference 4XXXXXXXXXXX therefore any Default Noticed associated to this number is irrelevant.

 

4. Paragraph 4 is noted but again as above I am not aware of what agreement the assignment refers to or why an adjust of £221.19 occurred.

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 and 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  and therefore are prevented from enforcing the alleged agreement.

 

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

 

a) show and disclose how the Defendant has entered into this agreement reference number 4XXXXXXXXXXX;

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

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

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.

 

Andy

 

[aliencontractor]

Brilliant, thank you 

 

do I need to write that up in the box provided in the claim form or can I just send it as part of the defence email?

 

[Andyorch]

I would use email .....too late for snailmail now. Add the claim number and heading defence in the subject line and email to the appropriate MCOL address. You should get an auto acknowledgment that its been received,

[aliencontractor]

Perfect, thanks.

[aliencontractor]

defence submitted

[aliencontractor]

Update, got letter reply saying they are going to continue the claim.

 

they have included the notice of assignment from Barclays and will be in touch when all the other paperwork is received.

[dx100uk]

as they do, just to intimidate and harass ..

watch mcol status for DQ n180 being sent out 

they only have 28 days.

 

and get reading like claimform threads

so you know what is to come

how to react

and whats after that.

if they progress!!

 

CAG is self help too, esp during the downtimes between the stages

dx