PRA/Brodies Ordinary Cause Court claim - Old Barclaycard Debt *** Claim Dismissed***

[Thanks121]

Hi,

I have read over a lot the the threads here but I’m little confused and still need some advice thanks in advance I am based on Scotland 

I have a lot of credit card debts and defaulted on them most from covid time 

I was given a writ  by sheriff officers and is from pra group ( for Barclays credit card ) and Is £10,000  my biggest worry is can they do anything with regards to my equity in my property 

I do have a few other debts should I be making an arrangement with them most of them are with link financial now

I need to reply to the writ but due to covid I can’t afford to offer to pay much In a monthly term 

should i be looking to make a settlement offer if can get the support to make that payment and what should it be as would need to be made via there solicitor now 

My worry is if they bankrupt me so they can get to the equity in the property 

sorry if I’m posting this in the wrong place just very stressed as need to reply to this ASAP as near my deadline 

thanks 

[Thanks121]

Hi,

 

first thank you so much for your fast reply I really appreciate that

 

I did read this and my answers are pretty much the exact same to be honest as the one they had been filled out 

 

so should I fill this in and send it like you said sorry I’m just not very technical  

 

Is there any way they can come after my property ? 
 

So I sent this in the reply to writ as I’m defending it ? 
 

i did break a payment arrangement with Barclays long time ago  

 

i did break a payment arrangement with Barclays long time ago but forget mentioning that I’m guessing 

 

what should I do about my other debts with link financial ? 

[Thanks121]

Thanks I’m going to

sound stupid I’m sorry but I don’t want to put my public information here in the form ir just leave my personal information out 

 

also here ok the writ it says this I will attach image 

 

sorry if I sound stupid lol just stressed 

 

I am very grateful for the help and I will definitely support the page once I’m finished for sure  

 

Sorry doesn’t let me attach I’mage it says 

 

condescendence 

 

on October 2018 Barclays Bank entered into a credit arrangement with the defender. A copy of the agreement will be produced.the agreement is regulated by the consumer credit act 1974 

[Thanks121]

Thanks I will get all this information asap

 

really appreciate your time and effort and support

 

will be tomorrow if that’s ok  

[Thanks121]

Thanks 

 

yes my details are pretty much exact same just dates different

 

even the same solicitors 

Thanks again you already make me feel better

 

  

 

[Thanks121]

38 minutes ago, Chris1301 said:

Hi, I’m the same as you stressed. The help on here has been fantastic though.

Hope all goes well.

yes as soon as home I’m going to get it all done and send did you send it ? Did you speak to brodies ? 
 

sorry for the questions but since I looked here and reply’s from dx100uk I felt a little better but I also received one of my other ones today so really was a bad day !!!

 

my first one is pretty much the same as yours except it’s the Paisley sheriff court 

[Thanks121]

Hi dx100uk sorry for delay to be honest just struggling a little but I have started and will send the information very soon 

 

I just can’t remember the exact date account was opened so looking for the information 

 

once again thanks for your help 

[Thanks121]

Once again thanks for your help 

 

here is all the information I hope I have done it right 

 

name the issuing court: paisley sheriff Court  

 

Who are the pursuers: PRA Group (uk) Ltd 

 

Who Are the Solicitors [listed at the bottom of the writ] :Brodies LLP

 

what date was this served on you and by what method [hand/post] and by whom:-  Hand by sheriff officers on 16th February 

 

what date is within the COURT STAMP: 16th  February 2023

 

What is the writ for – [sentence under defender] 

To grant decree against the defender for payment to the pursuer of the sum of £9320

 

AND under condescendence:

 

1.The parties are designed in the instance.

 

2.The pursuer has no reason to believe that any agreement exists propagating jurisdiction over the subject matter of this cause to any other court.

 

3.the pursuer has no reason to believe that any proceeding may be pending before any other court involving the same cause of action between the parties as those named herein.

 

4.The raising of the action and is domiciled there.

 

5. The nature and circumstances of the said residence indicate the the defender has a substantial connection with Scotland. This court accordingly has jurisdiction 

 

6., on or about 3 October Barclays Bank UK plc entered into a credit agreement ( hereinafter referred to as the agreement ) with the defender. A copy of the agreement will be produced the agreement is regulated by the consumer credit act 1974 ( the 1974 act )  

 

7.The Defender failed to maintain payment of the instalments due in terms of the Agreement. Barclays Bank UK plc served a default notice in the defender. The Defender failed to make  payment in satisfaction of the Default Notice Barclays Bank UK plc terminated the agreement. Following the termination of the agreement the balance due thereunder is £9,320 which is the sum sued for.

 

8.On or around 18 January 2022, Barclays Bank PLC rights in terms of the agreement  have been assigned to the Pursuer . Notice of the assignation has intimated to the Defender.

 

9.The Defender has been called upon to make payment of the Sum sued for but has refused or at least delayed to do so. This action is accordingly necessary 

 

AND under pleas in law 

The Defender being due resting and owing to this Pursuer in the sum sued for, decree should be granted as craved.

 

What Is the claim for  ..[Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt etc] : Credit Card
 

from your knowledge: answer the following: 

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

When did you enter into the original agreement before or after 2007 [give the date]? 2018

 

Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

When was your last payment:- September 2021

 

Why did you cease payments:- Covid just really took Over everything and financial and mentally was very hard time 

 

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?  Yes 

[Thanks121]

Sorry my mistake 

 

you've missed out:

Date of Agreement: – October 2018 yes I believe so is when I got the Barclay card  I did try to check it but I couldn’t find it 

Reference Number: – is this the original creditors 

 

reference number  I’m sorry I didn’t include one where would that be 

 

account number? (y/n)  no 

 

how many digits does it have? I can’t get into account but will look for card asap I’m 99% sure it was 16 digits 

Unpaid balance: -  won’t let me into check as account is closed do you know how I can check it if needed 

 

Once again thanks 

 

Card was definitely 16 digits 

 

but no account number on it not sure how I will get that 

[Thanks121]

Thanks 

 

I checked my credit file the amount they are asking for is the amount that was on my Barclays report and and it does say they sold the debt onto them Feb 2022 pra group 

 

there is no Reference  number on any of the paper work that anything similar to my card number 

 

I’m glad you think I can defend what is the normal success rate with defending this way 

 

 

once again thanks for your help 

 

I’m sorry for sounding so stupid but could you please tell me what I should do now just I’m not very technical at all 

 

what do I exactly need to send and where do I need to send it 

 

thanks again 

Edited February 23, 2023 by Thanks121
Spelling

[Thanks121]

Ok thanks I will try and find all the information to send 

 

thanks for your help 

[Thanks121]

Ok thanks but should I send it also to their solicitor so if I don’t get reply can say I requested it just I don’t have long left 

 

Can you please send me the link again to the cca now so I can fill it in and will print it ready to send recorded delivery ? 

[Thanks121]

Sending the cca form that’s very straight forward thank  you 

 

but it’s the court ones I’m struggling with to prepare but I will try again to see if I can figure it out 

 

I’m sorry if you think I’m little slow here it’s not on purpose 

 

Please bear with me 

[Thanks121]

Thanks but there is a rush really pulling me down hard  be honest 

 

so on the cca letter I’m sending the account number I don’t have anything on the papers that where served to me but I do have a pra account number I found in old email from them should I use that one 

 

 

[Thanks121]

Ok And also put there reference number in the letter from the email as that’s not on the legal paper work 

 

Could you please let me know if this looks ok i will of course add my address and reference number to the form before i send it as is a credit card you can see i selects the section 78 s this correct 

 

and i will send via recorded deliver and with a £1 postal order 

 

once again thanks for your advice  

[Thanks121]

I was sending you your template as I had filled it in to just check over it but I noticed I left 77 and 79 in the template I sent you 

 

I just wanted to see if you thought was correct 

 

Thanks 

[Thanks121]

Yes there is and the early one is the 9th of March 

Sorry for The delay in getting back to you 

 

just trying to deal with all of this 

[Thanks121]

Scan what up ? 

[Thanks121]

Hi sorry don’t understand the form 7 the date of expiry is

 

09/03/23

 

thanks again 

 

 

[Thanks121]

Great thanks really appreciate it 

 

 

What should I do now thanks again 

[Thanks121]

Cca form ready to send will be posted first thing tomorrow should I send 2 ? One to Pra group and one to their solicitor Brodies

 

I will try and upload the form 7 that I received thanks  

 

 

[Thanks121]

I was just asking to make sure sorry 

[Thanks121]

 

Sorry took a while to work that out to convert image 

 

please let me know if worked ok 

 

thanks again 

 

Form 7 .pdf

 

Edited February 28, 2023 by Thanks121

[Thanks121]

Update on my case 

 

Unfortunately I really got very stressed and frustrated as lacked the confidence so I used a solicitor and followed pretty much exactly as was advised here to do ( I won’t make that mistake again as solicitor ended up costing me ) 

I won the case as they couldn’t produce all the documents that was required by them so the case was dismissed

I wouldn’t of fought it if it wasn’t for the support of this group all the mods are great and I think it’s important to support the group as I have and will definitely be doing more also have to say Dx100uk give 100% and I’m grateful  and his knowledge is amazing 

only one thing I would would say is I know mods can’t hold our hands the whole way which is so unfortunate when is our first time but trust me you can do it with there help is all here on the site 
 

Remember all the help we get here is free they rely on donations it’s amazing the support 

[Thanks121]

Unfortunately it can creep back up however they did say to me it’s never happened yet in all the cases they have won and they also claimed quite large fees from them also 

 

but next time I will fight myself and also claim back the court fees etc

 

really appreciate all your help as I said