PRA / Brodies - SPC 1 Barclaycard

[AllyBallyG]

name the issuing court: Ayr

Who Is The Claimant: PRA Group

Who Are the Solicitors: Brodies

What type of action? (Simple/Ordinary): Simple

What is the claim for –

[type out ALL the text [minus pers details] [E1 BOX SPR FORM]

On or around ## June 2015, Barclays Bank Plc entered into a credit agreement (hereinafter referred to as 'the Arrangement')

On or around ## June 2015, Barclays Bank PIc entered into a credit agreement (hereinafter referred to as 'the Agreement') with the Respondent. A copy of the Agreement will be produced.

The Respondent failed to maintain payment of the instalments due in terms of the Agreement.

On or around ## November 2022, a Default Notice was served on the Respondent. The Respondent failed to make payment in satisfaction of the Default Notice. The agreement was terminated.

The balance outstanding in terms of the Agreement is £3,333.00 which is the sum sued for.

On or around ## December 2022, Barclays Bank Plc's rights in terms of the Agreement|were assigned to the Claimant. Notice of the assignation was intimated to the Respondent.

The Respondent(s) has (have) been called upon to make payment of the sum sued for but has (have) refused or at least delayed to do so. This claim is accordingly necessary.
 

type out ALL the text [minus pers details] [E4 BOX SPR FORM] or [Condescendence from Writ]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

Date of Agreement: ## Jun 2015

Claimant Agreement Reference: BBK####### (3 letters, 7 numbers)

Guarantor: N/A

Unpaid balance: £3,333.00

Balance is due under a credit account agreement which commenced with a nil balance.

 

date of raised claim [or court stamp date from writ or date from ] :- 27th November 2023

Last Date Of Service [look on form 07]:- 6th December 2023

Last Date For Response [look on form 07]:- 27th December 2023

What Documents are listed in Box E2:[or in your form requesting the same?] 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Credit card

 

….

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? 2015 (online signup)

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.:- Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Aware that PRA were involved, but unsure whether i received a NoA.

Did you receive a Default Notice from the original creditor? Unsure. 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

When was you last payment:- mid-2022

Why did you cease payments:- Numerous credit cards with crippling minimum payments. Had family issues to contend with which i prioritised.

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? No contact with them whatsoever.

Other: I received a letter before action from PRA / Brodies in early October. I sent a CCA request (template content from here) immediately. PRA responded confirming they "...have requested the information. Your account has been placed on hold until this has been received." I haven't anything since this response in early October - yet have now received a SPC.

What do i do now?

 

[dx100uk]

well done. 

you know the routine.

hold on filing till say 20th ish? get it in before xmas/new year closedown / postage issues.

you'll see the sticky upon how to respond to an SPC and you'll need to make ref to the previous failed CCA request. that wont go down well with the sheriff, AYR guys know nolans very well and their tricks. had previous dealing with 2 of the sheriffs there won both. 

ps have a look in financial legal issues and you'll see numerous barclaycard claimform threads.

BC never give out the cca even for 2015 online signup, 9/10 its fake stuff and claimants try to rely upon recon rules.

[dx100uk]

how'd this go?

dx