PRA Group claim form - Barclaycard credit card

[Boro]

Name of the Claimant ? PRA Group

 

Date of issue 25/08/2021

 

Date to acknowledge 12/09/2021

 

Date to submit defence 24/09/2021

 

Particulars of Claim

 

1.The Claimant claims the sum of £5,499 for an outstanding debt owed.

 

2.On16/08/2017 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference <reference number>.

 

3.On 27/06/2019 the Defendant defaulted on the agreement with an outstanding balance of £5,512.

 

4.On 26/07/2019 the debt of £5,512 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of property Act 1925. Adjustments have been applied in the sum of £13.

 

AND THE CLAIMANT CLAIMS

 

1. The sum of £5,499

 

What is the total value of the claim? £6054

 

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

 

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? NA

 

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 ? August 2017

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Applied 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. Debt collector

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? Could no longer afford to keep up with repayments of my debts

 

What was the date of your last payment? December 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

 

I have already submitted an acknowledgement of service and will send a CCA & CPR 31:14 request off to PRA

 

 

 

[Boro]

Could I please have some help putting a defence together, I have tweaked the defence which DX kindly helped me with from my other ongoing case, here is what I have so far

 

1.The Claimant claims the sum of £5,499 for an outstanding debt owed.On16/08/2017 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference <reference number>.

 

2.On 27/06/2019 the Defendant defaulted on the agreement with an outstanding balance of £5,512.

 

3.On 26/07/2019 the debt of £5,512 was assigned to PRA Group (UK) LTD. Notices of assignment were sent to the Defendant in accordance with S136 Law of property Act 1925. Adjustments have been applied in the sum of £13.

 

AND THE CLAIMANT CLAIMS

 

1. The sum of £5,499

1.The Claimant claims the sum of £5,499 for an outstanding debt owed.

 

 

defence

 

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclays Bank. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

5. On receipt of this claim on the 25/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. PRA Group (UK) LTD as yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received. The claimant remains in default of my section 78 request.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant entered into an agreement; and

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

align your responses to their para numbers that i've added for ease.

looks good to me

 

due friday by 4pm.

 

 

[AndyOrch]

Just a few edits made above...check it over now.

[Boro]

Thanks DX & Andy, it looks good to me, can I post it as is (with corrected to date)

[dx100uk]

yea sure (not the red bit mind!)

just copy n paste to mcol

dx

[Boro]

No reply to either my CCA or CPR requests, I have been sent an N180 directions questionnaire to fill out and have also received the claimants questionnaire, is there anything I should know before I complete this? I was going to fill it out digitally and say no to mediation, leave email and phone blank and digitally sign it

[AndyOrch]

 

[dx100uk]

You should agree to mediation regardless at this stage..

 

yes to mediation

1 wit you

The rest is obv

 

3 copies

1 to the court

1 to the sols minus phone/sig/phone

1 for your file

 

Dx

 

[Boro]

Reading the EX730 which came with the directions questionnaire it says that for mediation to be suitable you need to feel that you have enough information about the claim, as the claimant have not complied with my CCA or CPR requests I thought that mediation was not suitable.

 

What does mediation entail, wouldn't it just delay things until the claimant produces the requested paperwork?

[dx100uk]

You MUST read threads here in between stages not come back after a month and expect nurse maiding..sorry.

 

the idea is to enter into the spirit of mediation giving as much time as possible to comply. If they still have failed by the time of the actual

calln you refuse on the day. 

 

 

[Boro]

Sorry DX, I had tried to put it out of my mind as much as possible while keeping an eye on mcol as I have been told in the past not to get ahead of myself,

 

over the years I have probably defended half a dozen claims and I cant remember filling out a directions questionnaire before,

 

I had thought that with no disposable income and debts of circa 50k in the event of losing I would end up going bankrupt but that was something I was trying to avoid.

 

I will agree to mediation and read up

 

Thanks

[dx100uk]

well its p'haps better to read up then it alleviates issues rather than keeping it out of your mind which usually means stress about something , which in this case is unnecessary.

 

but yes you have good history so you base knowledge is sound enough.

 

id never recommend BK to anyone concerning consumer credit debt, there are many other ways to get rid of them, and you seem to be one of the better ones at winning..

 

even a 2017 BC Card might have CCA issues and PRA group are also a rare one to a BC debt, typically its the hoist group....and they lose most BC claims here.

 

 

[Boro]

The directions questionnaire was delivered to the court over a month ago, it then took 10 days to show in mcol, I haven't heard anything since, is this normal?

[dx100uk]

yes it can take ages for the the mediation service to get around to people but yes a month is a long time.

we've never heard of email from them going into an online spam folder but check your ISP webmail portal just in case

[Boro]

Thanks DX I was starting to worry that some post may have gone astray, I regularly check my junk email and nothing in there as yet, will just keep waiting and see what happens I guess

[dx100uk]

open

 

dx

 

[Boro]

Thanks DX

 

Still nothing from the court, is it possible that the claimant missed the date to file the aos (appeared on mcol 4 days after deadline) and as a result the claim hasn't proceeded?

 

Have finally received paperwork from the claimant which includes a reconstituted credit agreement, are reconstituted agreements enforceable?

 

Presume I just continue to wait and see if anything happens

[dx100uk]

Mcol status?

 

A claimant doesn't do AOS a defendant does

[Boro]

Sorry I meant DQ, the last entry on mcol was my filing of the DQ, both my and the claimants DQ's only showed on mcol after the deadline and there has been nothing since

[dx100uk]

does it show they returned their DQ?

[Boro]

Yes although mcol shows it as being after the deadline

[dx100uk]

i would of expected movement in +3mts yes.

 

 

[Boro]

Its been over 5 months now since I returned the Directions questionnaire, I guess its a matter of continuing to wait and see what happens

[AndyOrch]

No that's not normal...speak to Northampton MCOL and check the status.....it could be that the claim was discontinued and you have not been informed.

 

Andy