PRA/Brodies Ordinary Cause Court Claim Hamilton court - old Barclaycard debt

[Chris1301]

Received a citation yesterday  

the PRA group have started court action to recover credit card debt of  £10k

 

in January they told me my account was on hold whilst they complete my CCA request.

I haven’t as yet received this.

 

Any advice would be great?

[dx100uk]

sorry Chris for messing you around 

i've moved your thread to the Scottish legal issues

as this debt is above £5k i suspect you have an ordinary cause claim?

please complete this :

 

 

 

as the process in scotland is very diff than E&W 

 

[Chris1301]

name the issuing court: Hamilton

 

Who are the pursuers: PRA Group

 

Who Are the Solicitors [listed at the bottom of the writ] :Brodies LLP

 

what date was this served on you and by what method [hand/post] and by whom:- Signed for Post

 

what date is within the COURT STAMP: 16th February.

 

What is the writ for – [sentence under defender]

To grant decree against the defender for payment to the pursuer of the sum of £10200.

 

AND under condescendence:

 

on or about 26 November 2004, Barclays Bank Plc entered into a credit agreement (heirafter referred to as “the Agreement” with the Defender. A copy of the agreement will be produced.

The agreement is regulated by the consumer Credit  act 1974.

 

The Defender failed to maintain payment of the instalments due in the Agreement On or around 30 December 2021, a Default Notice was served on the Defender. The Defender failed to make  payment in satisfaction of the Default Notice and  the agreement was terminated. Following the termination of the agreement the balance due there under is £10,200 which is the sum sued for.

 

On or around 18 January 2022, Barclays Bank PLC rights in terms of the agreement  have been assigned to the Pursuer . Notice of the assignation has intimated to the Defender.

 

AND under pleas in law 

The Defender being due resting and owing to this Pursuer in the sum sued for, decree should be granted as craved.

 

What Is the claim for  ..[Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt etc] : Credit Card
 

from your knowledge: answer the following: 

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

When did you enter into the original agreement before or after 2007 [give the date]? 2004

 

Were you aware the account had been sold/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 Default sums” – at least once a year ? Yes

 

When was your last payment:- December 2021

 

Why did you cease payments:- December 21

 

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

[dx100uk]

brill

 

pop in later for you

 

dx

 

[dx100uk]

Thread Tidied...

 

can you expand on :

 

7 hours ago, Chris1301 said:

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

and

 

7 hours ago, Chris1301 said:

Why did you cease payments:- December 21

reason please

[Chris1301]

Yes as I had to give up work to care for an I’ll relative and couldn’t afford the payments.

[dx100uk]

read the rest of :

 

 

 

this is a generic defence for your form which MUST be in the correct format (reverse page signing etc etc)

 

The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of (SUM) together with expenses.

 

defence

 

The pursuer is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value. 

 

 These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.  

 

It is accepted insofar that I held (various) account(s) with (original Creditor)

 

I do not recollect any outstanding balance to (original Creditor) that the pursuer refers to and have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming

 

 (The pursuer has averred that they hold the signed agreement under the Consumer Credit Act 1974 dated DDDDDDD.) -note if they have!! 

 

A CCA request section 7? was sent recorded delivery on [date]. To date the pursuer has failed to comply & is in default of said request.

 

The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce and bring this claim to court namely: 

Copy of The Signed Consumer Credit Agreement 
Copy of The Notice Of Assignment letter 
copy of The Default Notice Issued By The Original Creditor ...  

 

Along with A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed. 
 

see how you get on 

post back here with your form completed

 

dx

 

[Thanks121]

Hi,

 

PRA Ordinary Cause Court claim - Old Barclaycard Debt - Scotland Financial Legal Issues - Consumer Action Group

 

im in pretty much exact same  situation hope you get it sorted please let me know how you get on and I will do the same and hope all goes well 

 

 

 

 

[Chris1301]

Hi, I’m the same as you stressed. The help on here has been fantastic though.

Hope all goes well.

[dx100uk]

i would get your CCA request running ASAP both of you.

 

dx

 

[Chris1301]

I haven’t sent mine yet.

Trying to get it all done tonight. I haven’t spoken with Brodies.

 

that’s awful, just another thing to deal with.

 

 

[Thanks121]

Yes is hard but hopefully this will help to be honest I still really don’t understand fully this way but I hope they don’t have the information to instantly reply with and I’m also hoping they the Scottish law will work in our favour more 

 

this site is amazing just wish could pick up the phone though as no one else recommended the same route as they have so I’m really grateful for the support here 

[dx100uk]

you do NOT ever speak to anyone the fleecers nor their dogs!

not sure where you are getting the idea you ever need too.

 

please stop playing the blind leading the blind

and get the info up on your own thread we require ASAP.

 

dx

 

[dx100uk]

chris what are the 2 dates on your form 07 form?

 

dx

 

[dx100uk]

that form 07 needs to be done chris?

 

date?

 

[dx100uk]

sign your form 07 as is and send it off to the court and copy it to brodies.

please ensure you COPY IT SIGNED FIRST for your own records.

 

you can do that and get it's free proof of posting too when you do the section 78 CCA request to the pursuers as you are going that way.

 

please be advised, so it's not a shock, nor not prepared for, when you lodge your defence, you will have a fee to pay

i'm working on that sticky on how to reply to an ordinary cause for both of you

the basics of what to put it taking form now if you go look.

[dx100uk]

chris? 

 

[dx100uk]

1.The parties are designed in the instance. Admitted

 

2.The pursuer has no reason to believe that any agreement exists propagating jurisdiction over the subject matter of this cause to any other court. Admitted

 

3.the pursuer has no reason to believe that any proceeding may be pending before any other court involving the same cause of action between the parties as those named herein. Admitted

 

4.The raising of the action and is domiciled there. Admitted

 

5. The nature and circumstances of the said residence indicate the the defender has a substantial connection with Scotland. This court accordingly has jurisdiction Admitted

 

6., on or about 3 October Barclays Bank UK plc entered into a credit agreement ( hereinafter referred to as the agreement ) with the defender. A copy of the agreement will be produced the agreement is regulated by the consumer credit act 1974 ( the 1974 act )  Not known and not admitted. 

The pursuer is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value. 

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were likely placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.  

 

It is accepted insofar that I have had financial dealings with (insert name of the original creditor) , i do not recollect any outstanding balance to (insert original Creditor) that the pursuer refers to so have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming for.

 

A CCA request section 7? was sent recorded delivery on [date]. To date the pursuer has failed to comply & is in default of said request 

 

7.The Defender failed to maintain payment of the instalments due in terms of the Agreement. Barclays Bank UK plc served a default notice in the defender. The Defender failed to make  payment in satisfaction of the Default Notice Barclays Bank UK plc terminated the agreement. Following the termination of the agreement the balance due thereunder is £9,320 which is the sum sued for. Not known and not admitted. 

The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court namely:  
copy of The Default Notice Issued By The Original Creditor ...  

 

8.On or around 18 January 2022, Barclays Bank PLC rights in terms of the agreement  have been assigned to the Pursuer . Notice of the assignation has intimated to the Defender. Not known and not admitted. The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court

namely: 

Copy of The Notice Of Assignment letter 
Along with A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed. 

 

9.The Defender has been called upon to make payment of the Sum sued for but has refused or at least delayed to do so. This action is accordingly necessary Not known and not admitted

[dx100uk]

what happened?

dx