PRA Group claim form - Barclaycard credit card

[Boro]

I emailed nearly 3 weeks ago and got no reply beyond the auto response,

 

I have now received a notice of transfer of proceedings,

 

in short the small claims mediation team has transferred the case to my local court as they were not able to arrange mediation at this time,

 

will wait to hear from the local court

[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

[Boro]

I have now received the N157, it has been allocated to the small claims track, A hearing date has been set for October,  myself and the claimant are to send each other written statements, both myself and the claimant are to send each other & the court a bundle of copies of documents that they intend to use at the hearing, the claimant has until mid September to pay the court fee

 

I could use some help please in coming up with a  statement, do I need to put together a bundle if I have no documents to bring

 

Thanks

[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.

 

 

.

[Boro]

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

 

I want to mention in the statement that to date the claimant still have not produced an original credit agreement, what they sent back under the CPR / CCA requests was two slightly different reconstituted agreements, not sure whether its important but both only used my initials rather than name

 

I probably need to be as thorough as possible in the statement in case I cannot attend the hearing

[Andyorch]

Quote

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

[Boro]

Thanks Andy

 

Do they have to be copies of the originals or will print off's from mcol be okay

[Andyorch]

I would go with copies of the originals

[Boro]

I had a look at the witness statements on here and tweaked one which I hoped would be suitable if I could have your input please, thanks

 

IN THE COUNTY COURT AT TOWN CLAIM NO: Number

 

 

BETWEEN:

 

PRA GROUP (UK) LIMITED CLAIMANT

 

and

 

MY NAME DEFENDANT

 

------------------------------------------------------------------------------------------------------------------------

 

WITNESS STATEMENT OF MY NAME

 

------------------------------------------------------------------------------------------------------------------------

 

I, MY Name WILL SAY as follows:

 

I make this Witness Statement in support of my defence in the claim.

 

 

INTRODUCTION

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. PRA GROUP (UK) LIMITED claims to circumvent and claim the full amount of debt to maximise profit.

 

2. 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.

 

 

 

 

BACKGROUND

3. The Claim relates to an alleged Credit Card Agreement between the defendant and Barclays Bank

 

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.

 

5. On XX^th August 2021, I received a claim form from the County Court Business Centre, Northampton, for the amount of £6054. The claimant contends that the claim is for the sum of £6054  in respect of monies owing under an alleged agreement with the account no XXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Barclays Bank to PRA Group (UK) LTD on XX July 2019 with notice given.

 

6.The defendant 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 78 of the Consumer Credit Act 1974 on the XX^th September 2021 along with the standard fee of £1.00 to which the defendant received a reply dated XX^rd September 2021 putting their account on hold whilst they tried to gather the information.

 

7.The defendant received a reply dated XX^th April 2022 with no CCA attached other than the documents which enclosed a reconstituted agreement & terms & conditions, statements, default notice, notice of assignment from Barclaycard to PRA Group (UK) Limited & letter before claim.

 

CONCLUSION

8.To date no valid full true copy of the executed credit agreement has been disclosed .the claimant has no grounds on which to enforce this alleged debt. .

 

9.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

 

10.For the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out pursuant to the above.

 

 

 

STATEMENT OF TRUTH

 

I, MY NAME the defendant, believe 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: ……………………………………………

Print Name: MY NAME

Dated: 29^th July 2022

[dx100uk]

how many digits does the A/C number have in the POC?

we've a few card claims of recent with BC cards whereby it was NOT 16 digits....

[Boro]

Just checked DX and it is Ten digits so definitely not a card number, just checked and I made mention in my defence of not recognising the number

[dx100uk]

Then it needs to be mentioned that a credit card has 16 digits, there's is not 

 

You also need to scan up any agreement etc paperwork they have sent to one mass pdf, we,ve not seen it 

 

Also what about default notice? Have they sent one? If not that needs mentioned as it's fatal to their claim?

 

When is WS due? And have they sent theirs yet? Ideally you need to wait as long as possible to file yours 

 

Dx

 

 

[Boro]

In the particulars of claim they are calling it a reference number not a credit card number though, it's at the start of this thread, I said in my defence that I did not recognise this number so I should be stressing that point in my statement as well?

 

How do I scan multiple pages to a pdf?

 

Under my CPR & CCA requests I received two reconstituted credit agreements neither with my name on only initials which is something I have never done, terms & conditions, a mass of statements, default notice, notice of assignment and letter before claim

 

It's due by 4pm on Tuesday, so I really wanted to try and get them posted out tomorrow morning,, I have not received their no

[dx100uk]

read our upload guide carefully

 

dx

 

[Andyorch]

Quote

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.

[Boro]

Thanks DX I will give it a  go shortly

 

Thanks Andy, would you remove the part in bold or all of it

[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.

 

 

 

.

[Boro]

Okay thanks Andy, can the court copy be hand delivered and the claimants copy emailed to them? I have scanned and redacted 35 pages of documents and am about to try and convert them into a pdf to upload here

 

Here are the scanned documents

 

 

Boro scanned PRA claim documents.pdf

[dx100uk]

dates times figures should be left IN - only card number or their ref numbers should be munged.

we cant tell of the DN is compliant without dates and figures

[Boro]

Sorry DX I didn't realise, the default notice was dated 21st May 2019

[dx100uk]

you NEVER use or give an email!!

 

and the settle by date....????

 

dx

 

[Boro]

Settle date was 21st June 2019

[Andyorch]

Quote

 

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

 

[Boro]

I received the claimants bundle this morning, I gave the witness statement a quick read and no real surprises, I will scan and post the witness statement and go through the bundle this afternoon

[Boro]

Claimants witness statement

 

Their bundle is rather large at about an inch thick, nothing new in it other than call, sms and email logs, interesting how according to the logs they where offering 65% off at one point

 

Boro claimant's witness statement.pdf