PRA Group claim form - Barclaycard credit card

[dx100uk]

Sadly unless the exhibits are already up here we need everything, but not statement s

 

Dx

[Boro]

With the exception of the statements, call, sms and email logs it was all posted yesterday

 

Edit: or did you mean you need those logs?

Edited July 30, 2022 by Boro

[dx100uk]

On 16/04/2022 at 16:05, Boro said:

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

 

 

And again these are in their ws exhibits...we have not seen them, how can we determine the cards they hold and suitably advise??

 

Dx

[Boro]

The reconstituted agreements where uploaded yesterday DX, page 9 onwards of the first pdf I uploaded, first page of each has my initials then surname then address (redacted) I would have never used initials on a credit agreement

[dx100uk]

sorry been out sheep herding till i just got back in on the main server...., urm, why didnt my mobile see those posts. hit refresh doesnt show still.

time to clean the phone browser history me thinks.

 

ta looking now

[dx100uk]

i cant see any proof of that Barclaycard application made via that money site nor the other copy ...that actually shows any tickbox of sig online or name nor IP address of signup. nor  barclaycards authorisation of the agreement which even an online signup must carry.

 

all that appears to be there is your name/address typed on a relevant line, those docs can be downloaded from many sites inc this one and details inserted, or of course come from PRA's filing cabinet.

 

the DN is compliant.

 

the other thing that strikes ne is its vary rare for a BC card of that date to be sold on to a DCa without a very good reason (that being BC have no enforceable paperwork...so ship it quick.)

 

dx

 

[Boro]

Thanks DX that's good to hear

[Andyorch]

IN THE.pdf

[Boro]

Thanks Andy that looks great, I will fill in the blanks and get copies printed off

 

 

[Andyorch]

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

[Boro]

For the accompanying exhibits does this sound okay

 

A copy of the first page of the claim form showing the claimants particulars of claim

 

A copy of my CPR & CCA requests

 

A copy of my defence

 

A copy of the letter received in response to my CPR & CCA requests

 

A copy of the reconstituted agreements that the claimant sent

[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.

[Boro]

Okay, do you think it worth including the claim form and if so how do I go about doing it

 

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?

 

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

 

Thanks

[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

 

[Boro]

Sorry Andy I feel very out of my depth as I have never had a case get this far before, the trial bundle list is that what the final page of the claimants witness statement I uploaded on Saturday is?

 

Should the worst happen can I email the claimant their copy? obviously using the email address they already have assuming its even active, really I would rather post it today if I can make the post

 

Yes my mistake but wanted to check

 

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.

[Boro]

I don't fully understand the N157, it says:

 

The parties shall send to the court and to each other by no later than 4.00pm on 02/08/2022 written statements (preferably typed) of all persons who are to give evidence at the trial. This includes the parties themselves as well as witnesses.

 

By 4.00pm on 02/08/2022 the claimant must send to the court and the claimant copies of all the documents they intend to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. The claimant must bring the originals of these documents to the final hearing

 

By 4.00pm on 02/08/2022 the defendant must send to the court and the claimant copies of all the documents they intend to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. The defendant must bring the originals of these documents to the final hearing

 

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

 

The trial bundle list is just an index right? can the exhibits be listed in the bundle list or do these have to be in the statement with the exception of the claim form

 

Sorry I didn't sleep well so I cant think straight

[Andyorch]

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

 

Quote

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

 

No you are the witness.

[Boro]

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? do I use my regular signature when signing the witness statement I send the claimant?

 

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

 

When you say statement you mean witness statement not financial statement right?

 

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...

Edited August 1, 2022 by Boro

[Boro]

Sorry another question having just been re reading the claimants witness statement, should my witness statement have my address in it?

[dx100uk]

yes front page.

type in witness statement and go LOOK at other peoples.

 

i know you've not had sleep

but you've been here since 2007 almost as long as me 

and this has been going almost a year.

part of cag is self help.

 

dx

[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.

 

[Boro]

Thanks guys, DX I will look shortly

 

So my bundle will be

 

My witness statement

 

Bundle List detailing documents included and page numbers

 

Documents with each page numbered

[dx100uk]

a list of exhibits you refer to within your WS.

exhibit 1 - CCA request , each page of it labelled as exhibit 1 page, page2 etc.

exhibit 2 cpr request etc etc etc etc .

 

its not hard!

 

 

[Boro]

DX I have always struggled with this sort of thing, lack of sleep and stress just make it worse, I think I have the witness statement finished, trying to find an example of what the trial bundle list should like if your able to help