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    • Some time ago i made a complaint to Lowell regarding what i felt was their harrassment due to the volume of letters I was receiving from them. I know i should have ignored it, but it was upsetting my wife that they kept sending them so I thought i would complain and see if anything could be done about it. i have just received their reply to my complaint, which no surprise they havent upheld. However they said something in that letter that didnt feel "right" to me and i wanted to see what people's opinion of this was please: Section 77 of the Consumer Credit Act relates to the original lender and not a debt purchaser such as Lowell. As the original terms of the agreement have not been met, due to payments falling into arrears and the account being in default, the requirement to provide a copy agreement no longer applies. I know this is incorrect, and frankly want to challenge this in any way i can, it feels very wrong that a collection agency can set aside or ignore sections of the law like this. Or should i just leave it and continue to try and ignore the letters? I would welcome any advice. Thanks.    
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    • Which Court have you received the claim from ? Civil national business centre, Northampton       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? PRA group uk portfolios ltd   How many defendant's  joint or self ? self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14 june 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. The claimant claims the sum of £6823 for an outstanding debt owed. On 29/8/2013 the defendant entered into an agreement with Barclays Bank UK for a credt card under ref *********. On 22/3/21 the defendant defaulted the agreement with an outstanding balance of £7074. 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. Notices of assignement were sent to the defendant in accordance with S136 Law and Propert 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. Payments of £103 were recieved 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   Did you inform the claimant of your change of address? n/a 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 unenforcable 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  
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PRA Group Claimform - old Barclaycard


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Hi All,

PRA Group are chasing an old Barclaycard unpaid from 4 years ago.

They are threatening court action - CCJ unless I respond before last Saturday.

Which I did not.

I'm unsure but reckon the Barclaycard was applied for about 30 years ago.

What's the best next step approach ?

Best,

P.

 

  

 

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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

 

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For an account that old, it will go nowhere near a courtroom, they're having a giraffe...

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Hi all,

Okay, just received a claim form from PRA. 

The Court is Northamton.

The claim is over 5k.

They state the original agreement for the credit card was in 2000.

What do you advise is the best next steps ?  

 

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  • dx100uk changed the title to PRA Group Claimform - old Barclaycard

retitled and moved to legals

please complete this:

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... 

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Which Court have you received the claim from ? Northamton, civil national business centre

Name of the Claimant ? PRA Group Uk Portfolios ltd.

How many defendant's  joint or self ? self

Date of issue –  21 May 24

date of AOS - 07-06-2024

date for filing defence by - 21-06-2024

Particulars of Claim

1. The claimant claims the sum of £5600 for an outstanding debt owed.

2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ).

3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600.

4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23.

5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925.

6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.

AND THE CLAIMANT CLAIMS

1. The sum of £5600

What is the total value of the claim? £6100 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? 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 ? before - in 2000
 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is 
 

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 - debt purchaser has issued the claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes
 

Did you receive a Default Notice from the original creditor? pretty certain - Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet 

Why did you cease payments? Covid lockdowns 

What was the date of your last payment? i thought it was 2020 - they say 2021

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

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On 26/05/2024 at 14:56, pralink said:

Date of issue –  21 May 24

date of AOS - 07-06-2024

date for filing defence by - 21-06-2024

 

On 26/05/2024 at 14:56, pralink said:

2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ).

a card should be 16 digits...urm...

note your dates above please. do not miss them no matter what happens 

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

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
.
 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 CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
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/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH 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]

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


 

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... 

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Thank you so much dx100uk

AOS is completed and done.

I have a claimant address and an address for sending documents and payments. No Solicitor is listed.

Which address do I use for the CCA request and the CPR  31:14  request ?

Many thanks.

 

 

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AndyOrch they have given the claimants address And a different address for sending documents and payments. Just wondering which one is to be used in this instance.

 

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The one for documents but use the claimant's name.

As for the CCA request it looks fine ... we drafted it and know what it states and ask you do not repost it on the open forum for guests to be able to see and use.....removed.

 

 

.

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

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On 26/05/2024 at 15:13, dx100uk said:

get a CCA Request running to the claimant

 

On 26/05/2024 at 15:13, dx100uk said:

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]

please dont post the templates on the open forum...read what they say in RED at the top.

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... 

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Thank you both. Apologies for posting template above.

Ok it looks like the address for sending documents or payment is acting on behalf of the claimant. So do I send the CCA request to the claimant and the CPR request to the address for sending documents. 

 

 

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yes

you need to get reading threads here 

then you'd know these things.

100's of barclaycard claimform threads here already.

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... 

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Thank you. And I will read threads.

How do I 'link' a letter without posting it publicly. Sorry for stupid question.

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if you mean post stuff here for us to read

you redact it and use PDF 

read UPLOAD

dx

 

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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... 

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no we know what our templates look like.

 

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... 

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whats no good?

we dont need to see our templates we know what they say...just send it off as is to the sols,

 get reading up

100's of barclaycard claimform threads here

use our enhanced google search box

do not miss your defence filing date no matter what.

post it up here in good time for checking. DONT leave it till the last few days please

dx

  • Like 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... 

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