PRA Letter of Claim - now Fast Track claimform - old barclaycard debt - now n244

[RobinB4nk]

hi dx, 

sry for the delay.

 

N181 addressed to my brother.

 

mcol:

Your defence was received on 16/12/2022 at 16:05:06

Case Stay Lifted on 13/03/2023

DQ sent to you on 13/03/2023

[Andyorch]

 

[RobinB4nk]

Also received from pra

combined.pdf

[Andyorch]

Standard Fast Track directions bar point 1.  Should read " Original Documents" so inform of that amendment by said date.

Rest is fine and normal.

[RobinB4nk]

hi andy,

I'm trying to get my head round this. should i agree to the directions? I'm not sure which point you refer to point 1. also the dates seem to be missing?

[Andyorch]

Sorry point ( iii)  It is ordered that :-

 

There wont be any dates yet until its submitted to the court to finalise...they are just the claimants draft directions which must be agreed between you before submitted with the DQ.

 

 

.

[RobinB4nk]

sry andy, think I'm being think. iii) (b) says 'Original Documents'. is this not the case? am i missing something?

 

also given the FOS have found Barclays guilty of irresponsible lending, should we not be trying to get this struck out? Surely, the default notice, the debt and the amount is all completely and totally incorrect.

[Andyorch]

Their draft does not state " Original Documents" just documents  ....any documents documents that they will try to recreate so you must insist that the draft directions are changed to " Original Documents" 

 

cant make myself any clearer really. read their draft directions again.... point(iii)..... slowly.

 

As for striking out slow down we have got not got to that stage yet...this is simply allocation of the claim.

 

 

.

[RobinB4nk]

got it! thanks for clarifying

[RobinB4nk]

Update on this one:

pra group have written to say they believe the best way forward is to settle with a tomlin order.

 

also, in response to the amendment request re documents to original documents:

 

 “We write in reply to your letter dated 30 March 2023.

Unfortunately, we cannot provide original documents as they are provided electronically by Barclays Bank UK PLC as copies of the original documents.

 

Sections 77-79 of the Consumer Credit Act 1974 allows consumers to request a "true copy" of their credit agreements and we oniy provide copies of original documents received directly from the assignor.

 

We hope this satisfies your query and we look forward to hearing from you confirming you agree or disagree.

Yours faithfully”

 

any thoughts on how to proceed?

[Andyorch]

Quote

Unfortunately, we cannot provide original documents as they are provided electronically by Barclays Bank UK PLC as copies of the original documents.

 

That's why I suggested the amendment  

 

If your agreement is pre April 2007 they shouldn't reconstituted versions.

 

So what are they offering by way of a Tomlin Order? The full amount of the claim ? no settlement figure ?

[RobinB4nk]

Well they are saying they are copies of the originals, but clearly I’ve not seen a signed copy.

 

tomlin is for full amount.

[RobinB4nk]

So i assume i refuse the draft directions and fill in the DQ?

[Andyorch]

No accept their directions , I thought you would have already filed the DQ don't miss the return date .

[RobinB4nk]

ok thanks andy, on the DQ i assume 'no' to 'A1' and 'A2'? and 'A3' is failure to comply with 'CCA request'?

 

I assume still no need to mention FOS findings at this stage?

[Andyorch]

Correct and no save that for your witness statement

[dx100uk]

open

[RobinB4nk]

Well, I keep hoping the idiots at PRA will let this drop but what incentive is there until they have to part with money? they may as well just waste yours and everyone else's time.

got back from holiday and my brother has forwarded a notice of allocation.

Looking at others it seems pretty standard?

If you could have a quick glance and pass comment that would be most appreciated.

should I not contact Barclaycard and get them to just stop the whole thing?

or just follow this through?

many thanks

 

 

NOA.pdf

[dx100uk]

the claim is NOTHING to do with BC they sold the debt on years ago.

so important things from point 3 onwards dont miss those dead lines no matter what 

 

 

 

[RobinB4nk]

so, the first entry is about disclosure of documents, should i be disclosing any? what about evidence from the ombudsman, or should this just be included in the WS.

[dx100uk]

your cca/cpr letters at least. if you are going to be using the FOS stuff in your WS/statement then yes you must list them as evidence.

dx

[RobinB4nk]

ok thanks dx,

so im drafting n265, hows this look? any thing else?

1) Section 78 Request, dated 16/09/2022.

2) CPR 31.14 Request dated 15/12/2022.

3) Copy Barclaycard agreement provided by claimant following Section 78 Request.

4) Copy Barclaycard Terms & Conditions provided by claimant following Section 78 Request.

5) Financial Ombudsman Service (FOS) Irresponsible lending complaint acknowledgement dated 02/03/2022.

6) FOS complaint findings dated 13/02/2023.

7) Barclaycard Acceptance of FOS findings and resolution dated 17/02/2023

Closing correspondence from FOS dated 14/03/2023

Edited August 15, 2023 by RobinB4nk