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PRA Letter of Claim - now Fast Track claimform - 2000 barclaycard debt - now n244


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Hello all.

Im hoping you may be able to help. My brother confided recently to me that he has managed to get into an unbelievable amount of debt (relative to income). He explained to me that he believed the only way out for him was insolvency.

Once he told me the amounts, especially Barclaycard, i was just in shock and told him that i believe they've lent irresponsibly.

I started a complaint and after a load of nonsense from Barclaycard it is now been investigated by the ombudsman of which we are awaiting their findings.

Due to escalating debt he was unable to maintain payments and he stopped paying them. He was defaulted and the debt has sold to PRA Group, and they have now sent a letter giving 30 day or they'll consider it for legal action.

The card was taken out about 2000-2001 and the debt stands at about 16k. Now when i was complaining to Barclaycard it was pretty clear they have no idea about the account and his personal circumstances and i personally don't think they have a signed agreement.

So my question is, what should i do next?

look forward to hearing from you, it is most appreciated. 

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Welcome to the forum.

 

Firstly I am going to move you to the appropriate forum..(Barclays)this forum is for when you receive a court claim.

 

Have a read of the following link with regards to Pre Action Protocol (letter of claim) and follow the advice given  in that link.

 

Regards

Andy

We could do with some help from you.

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have they actually sent him a letter of claim with a reply pack wanting stuff like I&E filled out?

 

if so just follow post 2 in the thread andy has pointed too. or click  letter of claim   <<

you can almost be guaranteed there is no enforceable paperwork, esp for that period.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

No, he's not had a loc with a pack. The last letter states “if we don't hear from you by 20 aug, then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you”

 

obviously he’s worried about the escalation to court.

 

should i just send a cca request as per your advised post?

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no save that.

they HAVE to abide by the pre action protocol and send a letter of claim first

that gives him 30 days to reply and they should await another 30day before raising a claim when they get (if) paperwork from BC fat chance it exists!!

 

but anyway they'll lose they always to as do most barclaycard claims fail just ask hoist...:pound:

 

can we just belt and braces.

he has not moved since taking this card out or if so barclaycard knew the correct address?
just dont want a backdoor CCJ going on

its £16k, they wont let this go eyes will be wide open.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, we’ll hold off! Yeah, he’ll need a drink! But he sure will be pleased you guys are on the case! Thank you sooo much.

 

yeah, address all in order, not moved.

 

will let you know when the next correspondence comes through.

 

many thanks

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as such it wont help much as there is no legal remit, nor have we ever seen agreements ever from BC, but it might be worthy to get ahead of the curve and see what turns up by sending barclaycard an sar.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Yes post #2 above use our forms.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 month later...

Quick raid the filing cabinets and get copy and paste faking cause Barclaycard won't gives us it

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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lol, u crack me up. really appreciate your positivity,  many thanks.

also ive heard from the ombudsman and they are not convinced by Barclays lending decision in relation to this account, and guess what, they are having issues getting the required information from barclaycard, well there's a surprise! honestly, i dont know how they have a licence to lend!

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its not positivity, its called experience.

as for the fos...That tallies with what we know also.

probably result in lots of interest being removed and any penalty charges too, dont forget to demand credit file removal or negative info scrubbing.

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the heads up Dx.

I read somewhere here that another user was also refunded after a fos investigation. The money was refunded to the dca rather than himself.

i don't quite understand this given the debt has been sold and has nothing to do with the original creditor?

In my  mind they should refund the money to the person who made the payments and the dca should seek damages from Barclays for selling what is  stolen money. 

Also I'm unsure of how credit file removal/scrubbing works given the account is defaulted and sold. how would this work?

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Well no.

 

He wont nor did actually owed the money as its a notional debt anyway, made of their unlawful lending.

 

So there is no 'refund' to anyone as such, but whatever Barclaycard might be told to do, any sum awarded will be removed from the outstanding balance, any excess over whats owed, would yes goto him.

 

I would suspect bc will buy the debt back anyway and sort it out that way.

 

As for the credit file, it might be that bc should not have defaulted him, when everything is undone. So KeeP a. Close eye on that and make it a part of any settlement if he wins.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Right, there's been an update.

 

PRA have responded and claim they have 'fulfilled our obligation under the CCA'. their response was sent via an email containing a link to a secure area to download the documents.

 

The documents supplied were:
1, Dispute response
2, Agreement or Reconstituted Agreement
3, Budget calculator
4, CCA Factsheet
5, Default Notice
6, NOA
7, Statements (feb 21 - jan 22)

 

I've uploaded 'Dispute Response' and 'Agreement or reconstituted Agreement' so you can have a quick look and see what you think? If you need any of the other docs just let me know.

 

look forward to hearing your thoughts.

 

Many Thanks

Dispute response.pdf Agreement or Reconstituted Agreement.pdf

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Just a copy of the T&C's from somewhere with your address correct for rhe time of takeout typed in.

 

not a cca.

 

how have they got your email?

freeway to harass you foo.

 

Dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
Quote

we shall continue to take this matter to court

 

:becky:  Very articulate

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hiya Andyyorch,

 

Yes Isnt it! I didnt respond to the cca response because reading other threads it seemed that the ball was in their court so to speak, was that correct? also is their continuation letter a threat or the real deal? whats the next move?

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See if they do follow through with PAP and send you a Letter Before Claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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