Jump to content


  • Tweets

  • Posts

    • Biden has just made Trump the old and out-of-touch candidate Now the felon republican candidate for moral turpitude, 78, will have to change his tactics   Criminal acts and abuse of position meaningless rambling sinful consorting with porn actress(es)   As Biden departs, Trump set to face questions over his age and acuity | US elections 2024 | The Guardian WWW.THEGUARDIAN.COM With a younger rival to emerge, the focus is likely to turn to ex-president, 78, and his often rambling, confused speeches   Biden has just made Trump the old and out-of-touch candidate INEWS.CO.UK Now the Republican candidate, 78, will have to change his tactics      
    • Hi all my wife has today been accused of shoplifting a few weeks ago at John Lewis. Police called today and said an allegation has been made after viewing cctv. My wife has been invited in for interview to clear things up (there words) I asked how her how they knew how to find her, she admitted she had been caught before in Waitrose in 2018 and banned from them and JL. I can’t begin to tell you how shocked I am but I need to support her and don’t know where to turn. She has confessed to me that she has stolen the odd thing over the past year from JL and is now worried that they will look back and charge here for stealing all the items. The police say the allegation is for two small items of clothing. My wife of 40yrs  I know like the back of my hand has been through hell and has lost all her family over the past few years, she has serious health issues and is on strong medication. I can only put this down to this being a big factor. I really need to know what to do to help her, if she admits,  will it be dealt with on the spot or will courts be involved. Should she seek immediate legal advice or see the solicitor at the police station(that’s what they have offered) Any advice would be greatly appreciated, thanks for reading and I hope it’s easy to understand 
    • Thank you. BTW, who paid Arval's administration fee? Arval - who seem to be total idiots - refer to what was received as a "parking fine" or "penalty charge notice" when it is neither, it is an invoice from a private company.
    • Hi guys, Bought BMW a couple of weeks ago. Advertised as FSH (I have a copy of the advert) Got home, set the Idrive up, alass, no service history, only pre delivery inspection. Car is a 2019 with 77,000 miles. When viewing, I was also told it has just had a full service. Been chasing the garage and been fobbed off last week. We will send it you, blah, blah.   Sent hem a shirty text today saying if they do not sort it, I would go to Trading Standards. They just called saying they will take the car back. Thing is, I really like it and I want to keep it. Would would be the best outcome here, do I ask for money back? Or is the only real option taking the car back? It will pain me as ive paid insurance, tax, had it coded as it was playing up a little, filled oil and AdBlue. Its not much, but its just perfect for me.   Thanks in advance all.
  • 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

Thanks for noticing the personal info i missed.

I missed the front page of the agreement that says about cancelling but other than that that is everything they sent me except for a bunch of statements and an income/expenditure sheet, nothing with any kind of tick box etc. And yes addresses are correct. 

Thanks again

Link to post
Share on other sites

bogroll then.

yours is not the next move

but do read those threads please

dx

 

  • 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

  • 2 weeks later...

Thanks.

Certainly a lot of very similar threads/paperwork.

In your experience do you think they are likely to escalate this to court given the balance, or are they just trying to scare me as they know its not enforceable?

Link to post
Share on other sites

:noidea:

with an almost £7k owing they see £signs for eyes and won't give up.

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... 

Link to post
Share on other sites

  • 1 month later...

yesterday court papers turned up in the post. 

I'm now quite out of my depth with this so any advice how to proceed will be greatly appreciated. 

What is worst case scenario?

I don't have 7k knocking around should I lose.

Will the court accept the payment plan that I had with them previously?

Thanks.

Link to post
Share on other sites

  • AndyOrch changed the title to PRA Letter of Claim - old Barclaycard debt Court Claim Received

Topic title amended and moved to Financial Legal Issues forum.

Please read the following  link carefully and follow the guidance. Copy the Q,s and paste your response back here for further advice.

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

Which Court have you received the claim from ? Civil national business centre, Northampton

Name of the Claimant ? PRA group uk portfolios ltd

How many defendant's  joint or self ? self

Date of issue – 14 june 2024

date for aos - 2nd july 

date to file defence - 16th july

Particulars of Claim

What is the claim for – 

1. The claimant claims the sum of £6823 for an outstanding debt owed.

2. On 29/8/2013 the defendant entered into an agreement with Barclays Bank UK for a credt card under ref *********.

3. On 22/3/21 the defendant defaulted the agreement with an outstanding balance of £7074.

4. On 26/7.22 the debt of £6937 was assigned to PRA Group lts who itself assigned the debt to PRA group UK portfolios ltd on 30/12/23.

5. Notices of assignment were sent to the defendant in accordance with S136 Law and Property act 1925. The claimant has instructed PRA group UK ltd to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.

6. Payments of £103 were received up to 5/12/23 and adjustments have been applied in the sum of £10,

and the claimant claims

1. The sum of £6823.88

What is the total value of the claim? £7378.88

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? no

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

Do you recall how you entered into the agreement...On line /In branch/By post ? don't recall, likely online

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. assigned to 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? don't recall

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes

Why did you cease payments? account was marked unenforceable by PRA due to lack of cca

What was the date of your last payment? december 23

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? yes
 

Link to post
Share on other sites

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website

https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464
.
 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 the website
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
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]

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


 

  • 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

4 hours ago, paulhn757 said:

Why did you cease payments? account was marked unenforceable by PRA due to lack of cca

Have you retained document confirming this and what date was the request made ?

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

Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week.

AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:

 A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.

 You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024.

I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?

Link to post
Share on other sites

On 16/04/2024 at 13:41, paulhn757 said:

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

  

On 23/06/2024 at 22:34, paulhn757 said:

AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined.

next time dont panic and wet yourself and offer payment !!:frusty:

Date of issue – 14 june 2024

date for aos - 2nd july 

date to file defence - 16th july

  

On 23/06/2024 at 22:34, paulhn757 said:

This means we would need to receive this by 10 July 2024.

other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email..

i would be sending one final email in reply to theirs above.

PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim.

else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your stace to object/pull them apart as unenforceable etc.

dx

  • 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

OK thanks, point taken.

But the question remains then they have clearly given me incorrect info in that reply regarding the dates, so could that be used against them in my defence?

Link to post
Share on other sites

that will be for later at WS stage. if the claim gets that far.

you never play any of your  cards when defending.

you'll be filing the std holding/no paperwork defence in 100's of claimform barclaycard threads already here

of which you need to be reading 10-20 at least a week to get upto speed.

use our google enhanced searchbox 

no matter what happens, do not miss your defence filing date

put it up here in good time for checking.

On 20/06/2024 at 08:38, paulhn757 said:

Why did you cease payments? account was marked unenforceable by PRA due to lack of cca

there is no way to do this on credit files , so im not sure what you mean.

but it's irrelevant.

dx

  • 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

One question relating to the CPR31 request,

do I literally only ask for copies of the notice of assignment as that is the only document I can see listed in the particular's of claim?

On 20/06/2024 at 12:50, AndyOrch said:

Have you retained document confirming this and what date was the request made ?

Found it.

Original request was made on 3rd January.

 

2024-01-25 PRA Re CCA Request - sonme docs available.pdf

Link to post
Share on other sites

2 hours ago, paulhn757 said:

One question relating to the CPR31 request, do I literally only ask for copies of the notice of assignment as that is the only document I can see listed in the pariculars of claim?

Thanks again

1." Entered into an agreement "

2. " The defendant defaulted the agreement"

3. " Notices of assignment were sent to the defendant" 

4. " Payments of £103 were received up to 5/12/23 " 

Agreement /Default Notice/Notice of Assignment/Statements.

And well done on finding that doc although it states awaiting not that its not available...we will see.

  • 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

Don't expect much or any response but it comes in useful for your initial defence.

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

name removed from PDF , pdf named properly.

On 23/06/2024 at 23:57, dx100uk said:

i would be sending one final email in reply to theirs above.

PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim.

else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your stace to object/pull them apart as unenforceable etc.

you need to do the above too.

dx

 

  • 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

  • 2 weeks later...

OK, think I'm ready to file a defence. Does this look ok?

Particulars of Claim for reference.

 

1. The claimant claims the sum of £6823 for an outstanding debt owed.

2. On 29/8/2013 the defendant entered into an agreement with Barclays Bank UK for a credt card under ref *********.

3. On 22/3/21 the defendant defaulted the agreement with an outstanding balance of £7074.

4. On 26/7.22 the debt of £6937 was assigned to PRA Group lts who itself assigned the debt to PRA group UK portfolios ltd on 30/12/23.

5. Notices of assignment were sent to the defendant in accordance with S136 Law and Property act 1925. The claimant has instructed PRA group UK ltd to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.

6. Payments of £103 were received up to 5/12/23 and adjustments have been applied in the sum of £10,

and the claimant claims

1. The sum of £6823.88

What is the total value of the claim? £7378.88

 

Proposed 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  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 Notice associated to this number is irrelevant.

4.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 28/06/2024.

5.Furthermore I had previously requested of Jan 2024 a copy of the alleged agreement pursuant to sec 78 of the CCA 1974. The claimant confirmed in writing dated 24th Jan 2024 it was unable to retrieve a copy and stated that the debt was deemed unenforceable and that they were prevented from enforcing the alleged debt.

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;

 

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.

 

 

I also read in another thread which I can't find now someone had added a line about the debt being bought for a fraction of the original debt and payments already made should cover that. Is that worth adding?

Thanks' again

 

.

 

 

 

Link to post
Share on other sites

The last point is for you WS if the claim gets that far.. 

 

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... 

Link to post
Share on other sites

Defence checked and tweaked. Please check for accuracy.

 

Andy

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

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...