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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my 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.    24th May 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?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. 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 £22,000. What is the total value of the claim?  £23,500 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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.  Debt was with halifax, whom passed the debt to PRA Group. 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?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. 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?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Grundon v Goldfish ** WON **


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Hi

 

As with other Goldfish claimants I received all my statements and a helpful schedule of charges, together with an offer to pay the difference over and above the OFT £12, as a response to my SAR.

 

I rejected this as part of my Prelim letter and added on contractual interest to the amount I was claiming. This was followed with my LBA last Friday.

 

On Saturday I received an offer letter from Goldfish, responding to my Prelim, offering to credit my account with the full amount of charges. However, they rejected the interest claim (as they say my payments were allocated to the charges first and hence did not incur interest).

 

I'm going to carry on with the claim (charges of around £1200 and interest of around £500) but would like to get some re-assurance around the interest element of my claim before I go to MCOL in a couple of weeks.

 

Any thoughts/advice appreciated

 

G

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... they rejected the interest claim (as they say my payments were allocated to the charges first and hence did not incur interest).

 

As you have probably realised, this is a load of utter rubbish. They charge interest on the balance at the time. So, even if they did "allocate payments to the charges first" (nonsense! how can they write such drivel), the current balance still contains all the charges up that point and therefore attract interest.

 

How did you calculate the interest element? You should add interest at their rate (about 18% for Goldfish? - I used to have a Goldfish card but got rid of it because of their complete incompetence.) compounded from the date of the charge to the date of the claim.

 

 

Steven

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Hi Steven

 

Yeh - sounded like rubbish to me hence decision to keep going

 

On the interest front I used the monthly interest rate that Goldfish put on my statements and multiplied by 12 to get an approximate annual rate. It came out at about 17%. I then applied it to each charge using the "throughout claim with contractual interest" spreadsheet.

 

Thanks for support

 

G

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Grundon

 

Sorry, but multiplying by 12 is not the right way to do it. That only gives you simple interest and the banks charge you compound - that is, last months interest charge goes onto the balance to calculate next months. Your correct APR is not 17%, it is actually 20%.

 

Steven

 

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Thanks Steven

 

OK, understood - can I re-calculate based upon the 20% APR when I submit to MCOL (early next week) or is it safer to keep to the 17% for consistency?

 

G

 

Recalculate when you submiot your MCOL.

 

Steven

 

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  • 2 weeks later...

Hi

 

Am in process of completing N1 form for Goldfish and have a couple of general questions that hopefully someone can help with

 

1 - Date account opened? I have no idea even which year this was. Is this something that the Credit Card companies will be able to tell you if you call their customer services? How critical is it to get this date correct on the form?

 

2 - I'm claiming contractual interest as detailed previously in my thread. Does this replace the s.69 interest and how do I describe it on the claim form?

 

Thanks

G

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1 - Date account opened? I have no idea even which year this was. Is this something that the Credit Card companies will be able to tell you if you call their customer services? How critical is it to get this date correct on the form?

 

2 - I'm claiming contractual interest as detailed previously in my thread. Does this replace the s.69 interest and how do I describe it on the claim form?

 

1. You don't need the actual date, you can write something like ".. opened in 2001 or thereabouts."

 

2. Are you claoming contractual from the date of the charge to the date the claim is settled or until the date of the claim?

 

If the former, no you can't claim s69 interest. if the latter, you can claim s69 interest from the date of the claim until the date it is setteled.

 

Steven

 

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  • 5 weeks later...

Hi all

 

I've received an offer for the full amount of my claim (which is great) but with a couple of conditions attached that I feel I should reject.

 

Can I accept the offer but reject the conditions they attach? Any advice on the reply I should send back to Goldfish would be appreciated?

 

Thanks

G

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  • 1 month later...

As an update I rejected the conditions proposed by Goldfish and they have responded by removing those conditions (confidentiality and indemnity from any future claims) from their offer letter

 

I am going to accept this now and hopefully see the money (albeit deducted from my account) soon!

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