PRA Group Claimform - old Barclaycard

[pralink]

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.

 

  

 

[AndyOrch]

Welcome to the Forum.

You do not respond unless/until you receive the following :-

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126

Andy

[pralink]

Thanks Andy, reading through all of that now. Very helpful.

[Bazooka Boo]

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

[pralink]

Thanks Bazooka Boo.

[pralink]

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 ?  

 

[dx100uk]

retitled and moved to legals

please complete this:

dx

[pralink]

Ok, reading through now ....

 

[pralink]

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

[dx100uk]

16 minutes ago, pralink said:

Date of issue –  21 May 24

date of AOS - 07-06-2024

date for filing defence by - 21-06-2024

 

16 minutes ago, 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]

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

 

[pralink]

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.

 

 

[AndyOrch]

Claimants if no solicitor named.

[pralink]

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.

 

[AndyOrch]

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.

 

 

.

[dx100uk]

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

 

[pralink]

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. 

For example:

https://www.loom.com/share/9a414beeb0fd4eca98552e6cc99b3b69?sid=c519220c-53a3-41b5-a262-2f29b036428d

 

Edited May 31 by pralink

[AndyOrch]

Yes

[pralink]

For the CPR request is the case no. the claim no ?

 

[dx100uk]

yes

you need to get reading threads here 

then you'd know these things.

100's of barclaycard claimform threads here already.

dx

 

[pralink]

Thank you. And I will read threads.

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

[dx100uk]

if you mean post stuff here for us to read

you redact it and use PDF 

read UPLOAD

dx

 

[pralink]

 

redacted-Copy of CPR request .pdf

[dx100uk]

no we know what our templates look like.

 

[pralink]

So, it's no good ?

 

[dx100uk]

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