A quick update. Sadly my defence was unsuccessful and the judge sided with the claimant. They have been award judgment and cost equalling 13000+, so overall a bit of a doodoo day tbh. The judge seemed keen on the default notice defence and in the summary sided with me regarding it, but since the debt was due to a loan, a loan that ended in the mid 2021s it was judged that this was then outside the scope of whichever CCA (87 or 88) section said it was necessary. I've been given 21 days to pay. I can't, so no ideas what to do with that, but I'll work it out. Thanks for all the assistance.

It is the same as their WS with the court documents added. I have gone through it and it all looks the same. The court notice only says the claimant needs to upload one 48 hours before the court date, so I'm guessing I'm okay to not bother. It would only be a resubmission of my WS with evidence.

Cheers dx100uk I've received the claimants bundle today. I checked the court documents and it doesn't mention me uploading one. Should I create one regardless??

I have a few questions if you can indulge me a little. 1. My witness statement says that I have had dealings with Barclays, but don't recognise this debt. If the judge forwardly asks if the debt is min, should I admit to the original debt at all, or just stick to the same line? 2. Will the judge try to trip me up or act with hostility to my type of defence? - An odd question, I know, but I'm not sure what may come at me, so want to steel oneself a little. 3. Can I bring up the Claimant's WS directly and ask them questions? Their 4. says that a default notice has not been sent to me, but will be once they receive a copy. I feel this need to be really discussed 4. Would it hold water with the judge if I finished speaking by saying that I stand by my WS and that the claimant has failed to prove any money is owed. That I have tried to deal with these people openly and frankly, but they haven't once offered the details I needed to agree to the debt. My session is 10:00AM Friday 8th April, so I'm just trying to get all my ducks in a row. I have my "evidence pack", a document with the CCA parts I might want to read and all of the Claimant docs. Am I missing anything obvious??

As long as it's a solid defence I'm happy. Just need a bit of reminding that I can win this as it's high stakes for me. Thanks dx100uk

So, after reading 100s of threads and branching out onto the wider web looking for info, I've got a stupid question. Is the defence that the DCA has no evidence of a DN solid? They haven't reconstituted one, or made one up, they have just said they were never given one. I did find this case which had a missing DN too and that was dismissed. SegalArt.pdf

I'm going to assume SCT means Small Claims Track? I've read through a lot and it's making me feel a lot more confident. I think I'll start a document to have the relevant CCA / CPR sections and highlight the Claimant's WS to show were I feel the issues are. They do state 3 times that no default notice has been provided to them, let alone me, but Barclays promises it was sent and was correct

Thanks Andy. I will start reading. I have sent my checklist in and have received the checklist from PRA. Nothing much to show on it, so I've not uploaded.

Hopefully, I've done this correctly. Now I just need to start reading up on how to do the actual trial. Any good threads to follow, or things I should know before entering?? N170 - Redact.pdf

Sorry, must have missed your reply. No, no name added (or removed) they had just used the stupid signed thing. I've just come on to look into pretrial checklists and it seems this is something I'll be sent by the court. Nothing has turned up yet. What should I do? It's due 25/03, and that approaching pretty fast.

It says it's signed with this sort of thing ******** * SIGNED* *********

Nope, nothing has turned up yet. It's nice they added it to the WS saying it was on the way. I wasn't expecting their contract with Barclays to buy debts though. It's fun reading 100 pages of text in case I need to redact my name

Claimant WS and some baffling documents. claimants ws1.pdf

Fantastic. Thank you for your help with this. It's not due in till the 4th, so I'll hang off emailing it in until Wednesday / Thursday. Should I post a copy to the court just in case?

Thanks dx100uk I've updated the spelling error and fixed the section references. IN THE Bournemouth County Court Claim No. ***************** BETWEEN: Claimant PRA Group (UK) Limited AND Defendant Mr ******************* WITNESS STATEMENT OF ******************* I, *******************, being the Defendant in the case will state as follows; I make this witness Statement in support of my defence to this claim. 1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2.) On 28/07/2021, I received a claims form from the County Court Business Centre, Northampton, for the amount of £12101.70. The claimant contends that the claim is for the sum of £12101.70 in respect of monies owing under an alleged agreement with the reference no. ******************* pursuant to The Consumer Credit Act 1974 (CCA). 3.) The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank UK PLC under reference *******************. I am uncertain as to which Bank Loan this refers to. It is accepted that I have had financial dealings with Barclays Bank UK PLC in the past however I have no recollection of the alleged reference number the claimant refers to. 4.) On the 7th August 2021 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974. An acknowledgement was received dated 17th August 2021 and the £1 postal order was returned. [EXHIBIT 1a & 1b]. 5.) On the 7th August 2021 II made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. An acknowledgement was received dated 1st September 2021 stating that the requested documents will be delivered once available. [EXHIBIT 2a & 2b]. 6.) The Claimant sent a response to the Consumer Credit Agreement and CPR 31.14 request dated 14th October 2021. Enclosed in the response was a reconstituted copy of the Barclays Statement and Barclays Terms & Conditions. Their response said a default note wasn’t available, but would be sent to the Defendant once received. [EXHIBIT 3a, 3b & 3c] 7.) Contained within the claimants particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.77(1) CCA. In their various responses to the requests detailed above the claimant has failed to produce the default notice. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 77(1) Service of a notice on the debtor or hirer in accordance with section s 87(1) and 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. 8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: ________________________________ Dated __________________________________ I will need to get the WS off to the claimant by the 4th, but I still haven't received theirs. I'm pretty happy with how this one turned out.

Witness Statement and evidence IN THE Bournemouth County Court Claim No. ************ BETWEEN: Claimant PRA Group (UK) Limited AND Defendant ******************* WITNESS STATEMENT OF ******************** I, **********, being the Defendant in the case will state as follows; I make this witness Statement in support of my defence in this claim. 1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2.) On 28/07/2021, I received a claims form from the County Court Business Centre, Northampton, for the amount of £12101.70. The claimant contends that the claim is for the sum of £12101.70 in respect of monies owing under an alleged agreement with the reference no. ******* pursuant to The Consumer Credit Act 1974 (CCA). 3.) The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank UK PLC under reference *********. I am uncertain as to which Bank Loan this refers to. It is accepted that I have had financial dealings with Barclays Bank UK PLC in the past however I have no recollection of the alleged reference number the claimant refers to. 4.) On the 7th August 2021 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974. An acknowledgement was received dated 17th August 2021 and the £1 postal order was returned. [EXHIBIT 1a & 1b]. 5.) On the 7th August 2021 II made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. An acknowledgement was received dated 1st September 2021 stating that the requested documents will be delivered once available. [EXHIBIT 2a & 2b]. 6.) The Claimant sent a response to the Consumer Credit Agreement and CPR 31.14 request dated 14th October 2021. Enclosed in the response was a reconstituted copy of the Barclays Statement and Barclays Terms & Conditions. There response said a default note wasn’t available, but would be sent to the Defendant once received. [EXHIBIT 3a, 3b & 3c] 7.) Contained within the claimants particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.77(1) CCA. In their various responses to the requests detailed above the claimant has failed to produce the default notice. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 77(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. 8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ***************, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________________ Dated __________________________________ I have almost certainly messed up the s.77 and section 77, 87, 88 etc bit, so any advice to put me back on track there. I was using an older one of mine and modified it, but as this is a Bank Loan I assume it's all different. Any advice welcome. Thank you exhibits.pdf

I think the court was still operating on the original hearing date and had ignored the change to fasttrack. The 8/04/22 hearing was sent a few days after. It's all a bit odd. The shining bit of luck is that it's with a different District Judge. I'll have my statement ready to go, but want to see what they have before doing the final submit.

Ah okay. That makes sense. No copy or proof of one being served has been given, so fingers crossed the judge sees it that way.

Sorry Andyorch, I must have missed the notification of your query. The only documents I've received from PRA are uploaded in this post - Basic copies of agreement, statement & notice of assignment. Missing the usual signatures, IP etc of course. They are unable to give a default as Barclays no longer have it, but this was communicated to me by a previous DCA

Eventful morning. I was called by the court today to say that I, and the claimant, had missed the court date. I was told to join the court Teams chat immediately. I was trying to join and the judge called me. She said this would do and to not worry about the teams chat. She asked if we could settle the claim today. I said I was unsure as the claimant had still not provided enough documentation to prove any debt was owed. She said they had sent some documents to me and had I seen them. I agreed I'd seen them, but they were copies (not originals) and there was no default notice, which was my legal right to be given, provided. The judge asked if I was disputing the entire debt. I said I was and she asked if I had ever borrowed money from Barclays. I said I had dealt with them in the past, but I don't recognise this debt, hence my request for proof. She has pushed for a hearing 8/04/22 I'm not sure this went my way.....

Just checking, but should I be requesting to inspect their documents or should I just leave it and start writing my defence??

Okay, N265 dispatched with the docs listed above. Claimant sent theirs over today. Not much in it, so I'll post the table they added No Document Date 1 Agreement with terms and conditions from Barclays Bank Plc 26.07.2016 2 Statements of Account from Barclays from 18 July 2017 to 17 July 2018 18.07.2018 3 Notices of Assignment from the original creditor and PRA Group (UK) Limited and Barclays Bank UK PLC 04.12.2019 We'll see if they request anything, but I'll request everything they have.

A little advice before I finish the N265 I have done some digging around my files and found the below documents which I intend to include. 1.) Section 77 Request dated 17/08/2021 2.) CPR 31.14 Request dated 07/08/2021 3.) Response from Claimant stating they are acting on CPR 31.14 & Section 77 request dated 01/09/2021 4.) Copy of Barclays Bank UK PLC Statement dated 18/07/2018 provided by claimant following Section 77 request. 5.) Copy of Barclays Bank UK PLC Terms and Conditions dated 26/07/2016 provide by Claimant following Section 77 Request There is also a document from the 77 Request that shows the alleged debt being sold to PRA. Should I include it in my documents as it's part of the 77 Request? I also have a document from Wescot stating they don't have a default for this debt. Should I include it in my WS and N265? Also, am I correct in only filling out the very top of the N265 and then only first box on page 3? I can try and get this off to the Claimant tomorrow evening, via email, which should fulfil the 4/02/2022 deadline. Any advice welcome. Cheers

I've just answered my own question and found this - I will have to wait until they send in their list and get mine out asap. I do have the documents I rely on already though.

Started my Statement and gathering docs. There won't be many. It'll just be the requests I made for Default etc - Their inability to fulfil the request and what they sent me. As I still have yet to get anything from the Claimant, should I hold off submitting anything. The 4th deadline is for "By 4pm on 4 February 2022 both parties must give to each other standard disclosure of documents by list" - What does this mean exactly?