name the issuing court: Hamilton
Who are the pursuers: PRA Group
Who Are the Solicitors [listed at the bottom of the writ] :Brodies LLP
what date was this served on you and by what method [hand/post] and by whom:- Signed for Post
what date is within the COURT STAMP: 16th February.
What is the writ for – [sentence under defender]
To grant decree against the defender for payment to the pursuer of the sum of £10200.
AND under condescendence:
on or about 26 November 2004, Barclays Bank Plc entered into a credit agreement (heirafter referred to as “the Agreement” with the Defender. A copy of the agreement will be produced.
The agreement is regulated by the consumer Credit act 1974.
The Defender failed to maintain payment of the instalments due in the Agreement On or around 30 December 2021, a Default Notice was served on the Defender. The Defender failed to make payment in satisfaction of the Default Notice and the agreement was terminated. Following the termination of the agreement the balance due there under is £10,200 which is the sum sued for.
On or around 18 January 2022, Barclays Bank PLC rights in terms of the agreement have been assigned to the Pursuer . Notice of the assignation has intimated to the Defender.
AND under pleas in law
The Defender being due resting and owing to this Pursuer in the sum sued for, decree should be granted as craved.
What Is the claim for ..[Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt etc] : Credit Card
from your knowledge: answer the following:
Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
When did you enter into the original agreement before or after 2007 [give the date]? 2004
Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes
Did you receive a Default Notice from the original creditor? yes
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes
When was your last payment:- December 2021
Why did you cease payments:- December 21
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