PRA Group claim form - Barclaycard credit card

[AndyOrch]

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

[AndyOrch]

 

[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

[AndyOrch]

Notice of Allocation N157 is what you are now waiting for......this will contain the courts directions on preparation for a hearing.

post back once you receive this.

Andy

[AndyOrch]

It is rather misleading when the court refers to a bundle in Small Claim Track and obviously more appropriate for the claimant has they will have more to disclose. As the defendant your " Bundle " will consist of a copy of the claim/defence/statement and any disclosures (IE your CCA/CPR requests and any responses and any other document (could be court documents) that you may wish to refer/rely on to support your defence/statement.

 

As for drafting your statement there are plenty of examples that I have already done for other users...its important that it is drafted in the correct format and complies with the CPR/Courts directions.

 

Take a look around and find examples and have a go at drafting....we will check it before your ready to submit.

 

Andy.

 

 

.

[AndyOrch]

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Do I need to include a copy of the claim & my defence as both the claimant and court will already have these

 

Its normal practice to include all documents and itemise...you will be surprised how inefficient some judges are and turn up with nothing

[AndyOrch]

I would go with copies of the originals

[AndyOrch]

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4. Whilst it is accepted that the defendant has in the past had financial dealings with Barclays Bank, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

 

They never stated you did read their particulars again.

[AndyOrch]

Well yes as its not true...if you could hold off submitting it until Monday I will run through it over the weekend and finalise it Monday...requires work.

 

 

 

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[AndyOrch]

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can the court copy be hand delivered and the claimants copy emailed to them?  Yes 

 

[AndyOrch]

IN THE.pdf

[AndyOrch]

If you wish to add exhibits mark the relevant paragraph's with " see Exhibit no xxx"

[AndyOrch]

Exhibits are only documents that you have referred to within your defence or statement and wish to rely on that document. So a copy of the claimform would not be required as an exhibit but it could be listed as a trial bundle document.

[AndyOrch]

29 minutes ago, Boro said:

Okay, do you think it worth including the claim form and if so how do I go about doing it You add it to your trial bundle list not your witness statement exhibit

 

Filling in the blanks I noticed a couple of things, firstly the numbering, the intro is 1-3 and then background starts 3, should background be 4? Well yes obviously I have edited your original numbering

 

Under 10 it says For the above reasons the claim bought by the claimant is without merit and possibly an abuse of the court process, should it be brought and bought...brought but you typed that 

 

Thanks

 

[AndyOrch]

Yes you can email the claimants copy.

 

So you now have your statement and any exhibits referred to and numbered/ attached to the statement, that goes today. 

 

Refer to your N157 directions re preparation of trial bundle and when to submit that...but if you want to do it all together that's okay and send the lot today.

[AndyOrch]

So everything must be submitted by the 2nd Aug.....copy what the claimant has sent you ...statement   exhibits....trial bundle list/ docs.

 

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Does these mean I also need to add a section on witnesses?

 

No you are the witness.

[AndyOrch]

1 hour ago, Boro said:

The court copy will be hand delivered tomorrow before the deadline, claimants copy emailed hopefully today otherwise by deadline

 

Sorry more questions

 

The copy emailed to the claimant, is pdf format okay? Yes do I use my regular signature when signing the witness statement I send the claimant? Yes

 

When it comes to numbering is it acceptable to just write in pen ad the bottom of each page 1, 2 etc Yes

 

When you say statement you mean witness statement not financial statement right? Yes court claims do not involve financial statements

 

Where is the claimants trial bundle list, not sure if I have missed it or am being daft? there's a lot of background noise here at the moment so finding it hard...Perhaps they have missed it, you just list your documents

 

Sorry another question having just been re reading the claimants witness statement, should my witness statement have my address in it? No otherwise I would have left a space for it.

 

[AndyOrch]

On 18/07/2022 at 15:16, Andyorch said:

It is rather misleading when the court refers to a bundle in Small Claim Track and obviously more appropriate for the claimant has they will have more to disclose. As the defendant your " Bundle " will consist of a copy of the claim/defence/statement and any disclosures (IE your CCA/CPR requests and any responses and any other document (could be court documents) that you may wish to refer/rely on to support your defence/statement.

 

As for drafting your statement there are plenty of examples that I have already done for other users...its important that it is drafted in the correct format and complies with the CPR/Courts directions.

 

Take a look around and find examples and have a go at drafting....we will check it before your ready to submit.

 

Andy.

 

 

.

 

As already explained previously...bundle normally only applies to Fast Track complicated claims where there are 100s of documents...but if you really want belt and braces.....

 

https://www.consumeractiongroup.co.uk/topic/416164-preparing-your-court-bundle/#comment-4983248

 

 

[AndyOrch]

10 hours ago, Andyorch said:

If you wish to add exhibits mark the relevant paragraph's with " see Exhibit no xxx"

 

7.The defendant made a formal written request to the Claimant for them to provide a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the XXth September 2021 along with the standard fee of £1.00 to which the defendant received a reply dated XXrd September 2021 putting their account on hold whilst they tried to gather the information. (See exhibit 1a CCA request)

 

Just looking at the statement again I cant see no mention of CPR 31.14 ?

[AndyOrch]

2 hours ago, Boro said:

Did I read somewhere here or did I imagine it that I should include a copy of the claimants witness statement? No

 

With the copy of my defence should I print off the original I have save as a word doc or the court pdf copy that has reference only watermarks? Original either word doc or PDF irrelevant really as long as there is a copy in your bundle list

 

 

[AndyOrch]

Yes add it before 7 and renumber. and finish the paragraph with (see exhibit 2a CPR 31.14)

[AndyOrch]

Same as your number 7 but change section 78 CCA to CPR 31.14 and obviously the date you sent it. 

[AndyOrch]

1 hour ago, Boro said:

Andy in addition to creating a section before 7 to cover the CPR request I think 8 probably needs tweaking due to the below

 

I sent CCA section 78 & CPR 31.14 requests both dated 17/09/21 to the claimant, I received a response dated 23/09/21 from the claimant acknowledging my CCA & putting my account on hold, I received a combined response to my CCA & CPR requests from the claimant dated 12/04/2022 this contained what they refer to as reconstituted agreement, historic & varied terms and conditions, statements, notice of default, notice of assignment and letter before claim

 

To me it looks as though they have provided 2 reconstituted agreements which I uploaded in the second pdf, could someone please confirm that they have sent two, the two combined are 28 pages, do I need to include all 28 pages of this as an exhibit with my witness statement

 

I want to keep this as simple as possible whilst still providing anything essential so what of the following should be included with my witness statement:

 

Copy of the claim form  Not with a Witness statement not required

 

Copy of my defence Not with a Witness statement not required

 

Copy of my CCA section 78 request Yes

 

Copy of my CPR 31.14 request Yes

 

Both reconstituted agreements, all 28 pages?  No just 1 set

 

Is there anything else I should include? Only if you have referred to anything in your statement and wish to rely on it..if you have not mentioned it you cant disclose it as an exhibit.

 

Sorry I know some of this has probably been answered but I have read this thread multiple times and the more times I read it the more confused I get

 

Thanks

 

 

 

 

So that's 3 exhibits as above to attach to the statement and numbered Exhibit 1a/2a/3a and marked same after the corresponding paragraph then attach an index sheet with the exhibits listed 1a/2a/3a  and named CCA request/CPR Request/ Reconstituted agreement.

 

Job done.

[AndyOrch]

I must admit I have never in my time here on CAG spent so much time explaining how a witness statement and exhibits are put together...have you even looked at any other users examples ?

 

My last response here I have work stacking up.

 

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Should the copy of the claim form and copy of my defence be included with the paperwork I send but not mentioned in the witness statement and listed in the index instead? Or should I leave them out altogether leave out no required court already has them

 

The two reconstituted agreements are different, one says that I have applied through moneysupermarket group (one referenced in witness statement I think) and the terms & conditions are different . Use both then

 

So with exhibits at the end of the relevant paragraph do I put: A copy of my CCA request exhibit 1A can be seen on page 4, mark the CCA request as page 4 or does the CCA request copy also need to say Exhibit 1A on it...the latter

 

Any thoughts on the wording or the alterations to the witness statement in respect to CCA & CPR requests? No nothing further

 

[AndyOrch]

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I wont be able to make the hearing if it goes ahead, I need to let the court and claimant know,

is there anything in particular that I need to say?

 

Ideally you should have attached a Notice to your statement informing the court/claimant sol of none attendance, the notice should state that pursuant to sec 27.9 CPR you will not be available for the hearing.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

Submit it ASAP

 

Andy