Defence (Draft)

[Emanyoel]

So I would dispute all money claims on the defence form as false once defence forms are made available to me.

However I received a (Statement of Account) from Claimant,and have not parted away any monies to them and so I don't have any records of it to that effect.

The above Statement of Account therefore appears as false. Please advice on how to highlight it in the Defense form.
Thanks..

[dinsham]

So I would dispute all money claims on the defence form as false once defence forms are made available to me. mini militia hack

However I received a (Statement of Account) from Claimant,and have not parted away any monies to them and so I don't have any records of it to that effect.

The above Statement of Account therefore appears as false. Please advice on how to highlight it in the Defense form.
Thanks..

Do you get a royal Claims mail?

Because claims sent by Royal Mails.

[Pezza54]

On 29 May you wrote that the hearing is 2 weeks away. So if it hasn't been stayed it must be next week. If that is the case it is probably too late to file a defence. Were you planning to turn up at the court and present your defence for the first time?
You mention a defence form. I'm not sure what this is. Normally a defendant writes a document titled The Defence, files it with the court and sends a copy to the claimant.
If my assumptions above are correct, you should phone the court Monday morning and explain how your illness has affected your ability to respond to correspondence and file a defence. Ask for the hearing to be stayed, postponed and hope the court will show some leniency.

[Huxie]

The poster DINSHAM is a spammer and has been reported.

[Pezza54]

Sorry, just read your thread "Documents for a file prior to a hearing" Please read my post under this thread and disregard my post above.

Rob is right, it is confusing if OP doesn't stick to original thread if topic relates to it.

[Pezza54]

Forgot to say send PRA and their solicitor (if the've got one) a copy of your email.

[Pezza54]

The following are my thoughts only on any future court case if your application is successful.

PRA is one of the top 3 debt collecting firms. Barclaycard is one of the largest creditors. Both companies are very experienced in selling and buying debt, litigation and know the exact documents required to make a successful claim.

You have said you did not read PRA's letters. One of those letters probably informed you that they had taken over your debt with Barclaycard.

You also said you are still making payments to Barclaycard. Is this by direct debit, bank transfer or cheque? Have you checked your Barclaycard statement recently? Are you still able to use your credit card?

Before you file your defence you should weigh up the strength of your defence and your chances of winning the case in court. A final court hearing will add to your costs if you lose.

PRA may well have purchased the debt at a reduced price. After Wednesday you should consider contacting PRA or Barclaycard to see if a compromise can be agreed, avoiding another hearing.

[Emanyoel]

I am paying by bank transfer. I operate a paperless account..I use a Barclaycard app and so I do payment through the app and can see what I pay in.

On the Default Judgment,PRA reports monies I owe and that paid.
They describe monies paid from myself to Barclays and then it gets paid to them.

They have reported monies paid back as at 2019 default from Barclays and state the amount,but fail to disclose what actually was the payment.

I first got my Barclaycard account opened in 2002,since that time I have paid back on time once I have used card.In 2012 I nearly got over swallowed by use of card,but I it on time so was back on track.i don't think default was applied on the account.

And so the only time its happen again was around 2018/19.I had lost job and failed to pay it all back.But the bank interest kept adding up,so I got no hand in it that time..

Barclaycard then set up a payment plan to pay back,and have paying back to date since the account is in operation.
I have paying back into the account for a very long time,and don't even know if it is statute barred or not.

What is a status barred account?

[Pezza54]

A statute barred debt is a debt that is unenforceable in court. The debt has to be older than 6 years to be barred by statute. The debt still exists though..

[Emanyoel]

Okay so my application to set aside was dismissed, plus cost has been added to the debt.

I am planning on applying to the court to vary judgement or order using N425 form..

I am already paying back into the Barclaycard account.
Soo far have not paid any monies direct to PRA..

BUt have not received any statement updates on how is it calculated to reduce the Amount on the default Judgment letter.
Have also not received from the court any default Judgment letter update.

Once the N425 form is filled,I will attach copies all monies I have paid into the Barclaycard account.
Please advice me on what court to send the N425 form once completed.
Thanks

[Pezza54]

If you mean form N245 to vary the amount to pay send it to the court you are dealing with and don't forget to include your fee payment - £14 I think but check

[Emanyoel]

Yes it form N245 , Thanks for the correction
I think I first dealt with County Court Business center in Northampton and paid for my application.So I will the N245 to them and pay .
The other County Court was in Berkshire.
I was link to them to schedule my application hearing when occurred on the 14th June 2023..