PRA/Brodies Ordinary Cause Court claim - Old Barclaycard Debt *** Claim Dismissed***

[Thanks121]

Hi,

I have read over a lot the the threads here but I’m little confused and still need some advice thanks in advance I am based on Scotland 

I have a lot of credit card debts and defaulted on them most from covid time 

I was given a writ  by sheriff officers and is from pra group ( for Barclays credit card ) and Is £10,000  my biggest worry is can they do anything with regards to my equity in my property 

I do have a few other debts should I be making an arrangement with them most of them are with link financial now

I need to reply to the writ but due to covid I can’t afford to offer to pay much In a monthly term 

should i be looking to make a settlement offer if can get the support to make that payment and what should it be as would need to be made via there solicitor now 

My worry is if they bankrupt me so they can get to the equity in the property 

sorry if I’m posting this in the wrong place just very stressed as need to reply to this ASAP as near my deadline 

thanks 

[dx100uk]

they've got to produce enforceable paperwork first.... fat chance on an old barclaycard debt!!!

 

please complete this:

 

dx

[Thanks121]

Hi,

 

first thank you so much for your fast reply I really appreciate that

 

I did read this and my answers are pretty much the exact same to be honest as the one they had been filled out 

 

so should I fill this in and send it like you said sorry I’m just not very technical  

 

Is there any way they can come after my property ? 
 

So I sent this in the reply to writ as I’m defending it ? 
 

i did break a payment arrangement with Barclays long time ago  

 

i did break a payment arrangement with Barclays long time ago but forget mentioning that I’m guessing 

 

what should I do about my other debts with link financial ? 

[dx100uk]

please forget link like pra they are a scamming DCA , they are not bailiffs 

 

can you please fillout that questionnaire please 

and post the Q&A back to this thread

then we will get you moving.

 

 

[Thanks121]

Thanks I’m going to

sound stupid I’m sorry but I don’t want to put my public information here in the form ir just leave my personal information out 

 

also here ok the writ it says this I will attach image 

 

sorry if I sound stupid lol just stressed 

 

I am very grateful for the help and I will definitely support the page once I’m finished for sure  

 

Sorry doesn’t let me attach I’mage it says 

 

condescendence 

 

on October 2018 Barclays Bank entered into a credit arrangement with the defender. A copy of the agreement will be produced.the agreement is regulated by the consumer credit act 1974 

[dx100uk]

copy and paste the questions here 

answer each one at the end

copy and paste the nest question do the same.

 

no we dont need your pers details at all.

 

100's have done this here already

 

we need the exact info to properly help you.

 

easy win for you stop panicking.

 

dx

 

[Thanks121]

Thanks I will get all this information asap

 

really appreciate your time and effort and support

 

will be tomorrow if that’s ok  

[dx100uk]

here is someone a few steps ahead of you

have a read you might fall in what to get up here.

 

PRA Ordinary Cause Court Claim Hamilton court - old Barclaycard debt - Scotland Financial Legal Issues - Consumer Action Group

 

3 hours ago, Thanks121 said:

so should I fill this in and send it like you said sorry I’m just not very technical  - on here yes

 

Is there any way they can come after my property ? - NO!!
 

So I sent this in the reply to writ as I’m defending it ? - NO!!
 

i did break a payment arrangement with Barclays long time ago  - so what!!

 

i did break a payment arrangement with Barclays long time ago but forget mentioning that I’m guessing - so what

 

what should I do about my other debts with link financial ? forget them not important at present.

 

[Thanks121]

Thanks 

 

yes my details are pretty much exact same just dates different

 

even the same solicitors 

Thanks again you already make me feel better

 

  

 

[dx100uk]

use this sticky please 

its alot more detailed for us 

just copy/paste q&A back here and answer the questions

 

 

[Thanks121]

38 minutes ago, Chris1301 said:

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

Hope all goes well.

yes as soon as home I’m going to get it all done and send did you send it ? Did you speak to brodies ? 
 

sorry for the questions but since I looked here and reply’s from dx100uk I felt a little better but I also received one of my other ones today so really was a bad day !!!

 

my first one is pretty much the same as yours except it’s the Paisley sheriff court 

[dx100uk]

you dont speak to anyone...

 

can you please fill out the above sticky as a matter of urgency if you want our help.

 

dx

[Thanks121]

Hi dx100uk sorry for delay to be honest just struggling a little but I have started and will send the information very soon 

 

I just can’t remember the exact date account was opened so looking for the information 

 

once again thanks for your help 

[dx100uk]

On 20/02/2023 at 21:45, Thanks121 said:

condescendence 

 

on October 2018 Barclays Bank entered into a credit arrangement with the defender. A copy of the agreement will be produced.the agreement is regulated by the consumer credit act 1974 

you posted it earlier!!

 

 

[Thanks121]

Once again thanks for your help 

 

here is all the information I hope I have done it right 

 

name the issuing court: paisley sheriff Court  

 

Who are the pursuers: PRA Group (uk) Ltd 

 

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:-  Hand by sheriff officers on 16th February 

 

what date is within the COURT STAMP: 16th  February 2023

 

What is the writ for – [sentence under defender] 

To grant decree against the defender for payment to the pursuer of the sum of £9320

 

AND under condescendence:

 

1.The parties are designed in the instance.

 

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.

 

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.

 

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

 

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

 

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 )  

 

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.

 

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.

 

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 

 

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]? 2018

 

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:- September 2021

 

Why did you cease payments:- Covid just really took Over everything and financial and mentally was very hard time 

 

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]

you've missed out:

Date of Agreement: – October 2018
Reference Number: – is this the original creditors account number? (y/n)

how many digits does it have?
Unpaid balance: - 

[Thanks121]

Sorry my mistake 

 

you've missed out:

Date of Agreement: – October 2018 yes I believe so is when I got the Barclay card  I did try to check it but I couldn’t find it 

Reference Number: – is this the original creditors 

 

reference number  I’m sorry I didn’t include one where would that be 

 

account number? (y/n)  no 

 

how many digits does it have? I can’t get into account but will look for card asap I’m 99% sure it was 16 digits 

Unpaid balance: -  won’t let me into check as account is closed do you know how I can check it if needed 

 

Once again thanks 

 

Card was definitely 16 digits 

 

but no account number on it not sure how I will get that 

[dx100uk]

woe SLOW DOWN READ CAREFULLY WHAT IS BEING ASKED...

on the writ there will be a ref number - ie the debt they are chasing your for

that should make ref to the original credit card number which will be 16 digits long - have they in their writ quoted that number yes or no?

 

you have until the 8th march to file your intention to defend

that gives you a further 14 days to file your defence

though its better to do both at the same time.

 

so slow down...breathe.

YOU do NOT have to go 'elsewhere' to find information the pursuer has NOT included in their writ/citation/court forms... GEDDIT? 

 

[Thanks121]

Thanks 

 

I checked my credit file the amount they are asking for is the amount that was on my Barclays report and and it does say they sold the debt onto them Feb 2022 pra group 

 

there is no Reference  number on any of the paper work that anything similar to my card number 

 

I’m glad you think I can defend what is the normal success rate with defending this way 

 

 

once again thanks for your help 

 

I’m sorry for sounding so stupid but could you please tell me what I should do now just I’m not very technical at all 

 

what do I exactly need to send and where do I need to send it 

 

thanks again 

Edited February 23, 2023 by Thanks121
Spelling

[dx100uk]

 its very important YOU understand the process as it's YOU infront of the sheriff when the time comes.

 

you need to file intimation of defending by day 21

you need to file your defence within a further 14 days from that in THE CORRECT FORMAT.

its better to do both at the same time within 21 days from 16th feb

 

these goto the COURT and brodies.

 

 

read everything there^^

there is also example of defences

your needs to include that the pursuer has not mentioned any account number in the appropriate section of our generic defence.

 

have a go and post up your ideas.

 

there are also numerous ordinary clause threads already here

use our enhanced google search box  for ordinary cause.

 

 

 

 

 

[Thanks121]

Ok thanks I will try and find all the information to send 

 

thanks for your help 

[dx100uk]

just get the CCA request printed and sent pra

you need to get a £1PO.

get that done tomorrow

too late today.

 

then move on with the court stuff

[Thanks121]

Ok thanks but should I send it also to their solicitor so if I don’t get reply can say I requested it just I don’t have long left 

 

Can you please send me the link again to the cca now so I can fill it in and will print it ready to send recorded delivery ? 

[dx100uk]

please read what has already been posted before.

 

a CCA request<<clickme goes to the debt OWNER, the Pursuer, PRA group.

you do not have to await ANY reply to the above before filing your defence.

there are far MORE documents they MUST supply to even make this debt enforceable in a scottish court else it will instantly get thrown out.

 

you've not read that link yet

as you've again asked silly questions that the how to sticky answers.

 

[Thanks121]

Sending the cca form that’s very straight forward thank  you 

 

but it’s the court ones I’m struggling with to prepare but I will try again to see if I can figure it out 

 

I’m sorry if you think I’m little slow here it’s not on purpose 

 

Please bear with me