Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

PRA Letter of Claim - old Barclaycard debt Court Claim Received


paulhn757

Recommended Posts

Hi.

I've had a debt with barclaycard for a few years, the account was defaulted over a year ago and I have been paying them an agreed token monthly payment (£10).

They have written to me to say they have now transferred the debt to PRA group and I should continue to pay them.

It says any payment arrangement will stay in place for at least 6 months before they 'review' the account.

I was quite happy to carry on paying BC, with a view to eventually paying off the full balance (just under 7k) but selling it on has annoyed me and I hate paying these leeches who have probably paid less than 10 in the pound for the debt

.Is it worth sending them a CCA request straight away or leave it for a bit in the hope they will lose any paperwork in that time?

Link to post
Share on other sites

yes CCA request.

lots of these been sold to PRA recently. quite a few threads

  • Like 1
  • Thanks 1

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... 

Link to post
Share on other sites

  • 1 year later...

Hello

I had a debt with BC bought by PRA a couple of years ago.

I've been paying them absolute minimum for a while

after doing a load of reading on here I sent them a CCA request in December.

They replied with a copy of the t+c but no credit agreement and the letter said the debt is unenforceable.

I then received a few copies of statements from them a couple of weeks later and a cover letter asking me to contact them which I have ignored.

I'm now getting daily phone calls from them (blocked but going to voicemail) and a letter and email saying they have passed the account to their 'litigation team' for further action if I don't contact them by the end of the month.

Is this safe to continue ignoring due to the lack of a credit agreement or do I email them back reminding them that it is still unenforceable?

Thanks

Link to post
Share on other sites

Ignore totally until you get a Letter of Claim.

  • Like 1

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

Link to post
Share on other sites

old and new threads merged.

if you'd CCa'd them almost 18mts ago when advised too, you would not have wasted all that money being a nice DCA cash cow.

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... 

Link to post
Share on other sites

Sorry to hear this paul  please accept our condolences. You can now get it back on track and sort it.

 

Andy

  • Thanks 1

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 OTHERS

 

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

Link to post
Share on other sites

  • 1 month later...
  • Thanks 1

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 OTHERS

 

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

Link to post
Share on other sites

Just to clarify then, should the reason I am disputing the debt be that they have not supplied all the relevant paperwork (CCA) and the debt is therefore unenforcable?

Link to post
Share on other sites

Have you previously requested the agreement by a CCA request ?

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 OTHERS

 

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

Link to post
Share on other sites

Yes, a few months ago.

They wrote back saying there was no CCA and the debt was unenforceable.

I then started getting bombarded with threatening emails from their 'litigations team' which have been sent to spam.

I've now received the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforceable.

Thank you.

Link to post
Share on other sites

Then yes . "The assignee is unable to comply with section 78 of the credit Consumer Act 1974 and is therefore prevented from enforcing the agreement until such time it can comply."

 

.

  • Thanks 1

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 OTHERS

 

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

Link to post
Share on other sites

hit letter of claim

follow post 2

despite repeated requests, the claimant has failed to produce any enforceable paperwork.

  • Thanks 1

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... 

Link to post
Share on other sites

I have received a pack from them containing a reconstituted credit agreement, no names, signatures etc just a photocopy of the wording. Some statements, the NOA, and the account T+Cs, and a budget calculator.

Their letter states

' I appreciate you have requested a default notice, I have reached out to Barclaycard to request this. However this is not required to fulfil your CCA request. Once a response has been received I will be in touch to advise.

I trust that these details satisfy your CCA request. We have now fulfilled our obligations under the CCA regulations'

It then goes on to say the account is on hold for 30 days and if they don't hear from me by 19th May it will reopen for further contact with various threats of court action etc.

Link to post
Share on other sites

scan and redact all but the statements please and upload.

IF there's no names or signatures it's bogroll but best to confirm this.
 

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

Link to post
Share on other sites

  • dx100uk changed the title to PRA Letter of Claim - old Barclaycard debt

thread title updated

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... 

Link to post
Share on other sites

have you responded to the letter of 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

Link to post
Share on other sites

you dont seem to have uploaded the cancellation box sheet nor anything with a tickbox/dates name typed in //ie your signup agreeing?

did they not supply those? 

ps ive redacted things too...you left your name on both docs..is the address correct for time of takeout for each set of T&C's/Agreement? (note they are diff updated T&C  periods) 

have a look at PRA barclaycard threads already here, you'll see that (base) agreement return already.... its identical.

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...