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

[dx100uk]

thats what you need to do 

take your time

there is no immediate rush.

 

dx

[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 

 

 

[dx100uk]

just staple a copy of the writ front page to it as long as it has the writ number on it

 

dx

 

[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  

[dx100uk]

we know what our templates look like

what does the original say in red up the top?

 

dx

 

[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 

[dx100uk]

enter yours and their details

amend/delete the few appropriate bits

 

and a copy of the writ's 1st page

chuck it in an unsealed envelope with PRA 's address on the front with a 1st class stamp.

 

goto the PO ask for a £1 po.

pop it in the envelope

seal it

hand it back and ask for free proof of posting.

 

keep that safe.

 

are there two dates filled in on your copy of form 07 in your court pack?

[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 

[dx100uk]

scan it up please.

 

dx

[Thanks121]

Scan what up ? 

[dx100uk]

Form 07 as you missed out those q's too in the q&a reply of us wanting some useful info 

 

Dx

[Thanks121]

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

 

09/03/23

 

thanks again 

 

 

[dx100uk]

not asking you to understand it 

we need to see it please.

then we can explain it to you.................

 

dx

 

[Thanks121]

Great thanks really appreciate it 

 

 

What should I do now thanks again 

[dx100uk]

scan up the form 7.......

have you sent the cca request?

 

dx

 

[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  

 

 

[dx100uk]

where do we say do that?

 

[Thanks121]

I was just asking to make sure sorry 

[dx100uk]

stop just asking ....theres no need ...read the information and the guides that are already here on your thread and follow them.

 

you are getting me very worried you are going to run out of time and miss important time limits and lose by default

 

dx

[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

[dx100uk]

thank you.

you or anyone can click on your upload and check it worked.....

 

lets go little steps.

 

sign that form 07 as is and send it off to the court and copy it to brodies.

please ensure you COPY IT SIGNED FIRST for your own records.

 

you can do that and get it's free proof of posting too when you do the section 78 CCA request to the pursuers as you are going that way.

 

please be advised, so it's not a shock, nor not prepared for, when you lodge your defence, you will have a fee to pay

i'm working on that sticky on how to reply to an ordinary cause for both of you

the basics of what to put it taking form now if you go look.

 

 

[dx100uk]

get the above done.

dx

[dx100uk]

  

1.The parties are designed in the instance. Admitted

 

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. Admitted

 

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. Admitted

 

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

 

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

 

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 )  Not known and not admitted. 

The pursuer is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value. 

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were likely placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.  

 

It is accepted insofar that I have had financial dealings with (insert name of the original creditor) , i do not recollect any outstanding balance to (insert original Creditor) that the pursuer refers to so have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming for.

 

A CCA request section 7? was sent recorded delivery on [date]. To date the pursuer has failed to comply & is in default of said request 

 

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. Not known and not admitted. 

The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court namely:  
copy of The Default Notice Issued By The Original Creditor ...  

 

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. Not known and not admitted. The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court

namely: 

Copy of The Notice Of Assignment letter 
Along with A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed. 

 

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 Not known and not admitted

 

 

 

 

[dx100uk]

hows this going?

 

dx

[dx100uk]

hows this going plesae i see you've been logging in a few days ago..

 

dx