CCJ setaside actions' advice

[AK2020]

Ask Court - Northampton CCBC should have it on their case system and should be able to email you a copy of their screen which contains the particulars ( it really depends who in the call centre you talk to as to how helpful they are on that ) Worth trying first anyway, and if not then yes you'd have to ask PRA.

NCCBC told me that if I want the full case I need to contact local Court and pay £10. As brief email they sent me they following information

'CASE DETAILS* -** THE CLAIMANT CLAIMS THE SUM OF £xx FOR AN OUTSTANDING DEBT OWED. ON 08/07/2000 THE DEFENDANT ENTERED INTO AN AGREEMENT WITH BARCLAYS BANK PLC FOR A CREDIT CARD UNDER REFERENCE xxx ON 19/05/2015 THE DEFENDANT DEFAULTED ON THE AGREEMENT WITH AN OUTSTANDING BALANCE OF £xx. ON 17/08/2015 THE DEBT OF £xx WAS ASSIGNED TO PRA GROUP (UK) LTD. NOTICES OF ASSIGNMENT WERE SENT TO THE DEFENDANT IN ACCORDANCE WITH S136 LAW OF PROPERTY ACT 1925. PAYMENTS OF £1,200.00 WERE RECEIVED UP TO 23/08/2017 AND ADJUSTMENTS HAVE BEEN APPLIED IN THE SUM OF £100.00. AND THE CLAIMANT CLAIMS 1. THE SUM OF £xxx
*
CLAIMANT* -* PRA GROUP (UK) LIMITED
*
CLAIMANT SOLICITORS -** PRA GROUP (UK) LIMITED'

[pt2537]

Well that sucks like a lemon the size of a beachball !!
It's like me sending you an invoice when you don't owe me money andI get to keep it if you pay me.

The 1974 Act is clear that the debtor can consent to enforcement of the agreement , There is also a Court of Appeal authority Arrow Global v Devlin which confirms that the payments made under an unenforceable agreement cannot be reclaimed. So sadly that is how it works.

[pt2537]

NCCBC told me that if I want the full case I need to contact local Court and pay £10. As brief email they sent me they following information

'CASE DETAILS - THE CLAIMANT CLAIMS THE SUM OF £xx FOR AN OUTSTANDING DEBT OWED. ON 08/07/2000 THE DEFENDANT ENTERED INTO AN AGREEMENT WITH BARCLAYS BANK PLC FOR A CREDIT CARD UNDER REFERENCE xxx ON 19/05/2015 THE DEFENDANT DEFAULTED ON THE AGREEMENT WITH AN OUTSTANDING BALANCE OF £xx. ON 17/08/2015 THE DEBT OF £xx WAS ASSIGNED TO PRA GROUP (UK) LTD. NOTICES OF ASSIGNMENT WERE SENT TO THE DEFENDANT IN ACCORDANCE WITH S136 LAW OF PROPERTY ACT 1925. PAYMENTS OF £1,200.00 WERE RECEIVED UP TO 23/08/2017 AND ADJUSTMENTS HAVE BEEN APPLIED IN THE SUM OF £100.00. AND THE CLAIMANT CLAIMS 1. THE SUM OF £xxx

CLAIMANT - PRA GROUP (UK) LIMITED

CLAIMANT SOLICITORS - PRA GROUP (UK) LIMITED'

After PRA v Doyle they will have a monumental headache with that claim, they need to mention a default notice and i cannot see mention of a notice being served anywhere

[AK2020]

After PRA v Doyle they will have a monumental headache with that claim, they need to mention a default notice and i cannot see mention of a notice being served anywhere

The assistant was typing this email as we spoke. It might be in the case she didn't just include it in the info she sent to me. Should I request the full case details from a local Court or will it be provided once the case setaside hearing will be confirmed? Thanks.

[Amethyst]

NCCBC told me that if I want the full case I need to contact local Court and pay £10. As brief email they sent me they following information

'CASE DETAIL

THE CLAIMANT CLAIMS THE SUM OF £xx FOR AN OUTSTANDING DEBT OWED. ON 08/07/2000 THE DEFENDANT ENTERED INTO AN AGREEMENT WITH BARCLAYS BANK PLC FOR A CREDIT CARD UNDER REFERENCE xxx ON 19/05/2015 THE DEFENDANT DEFAULTED ON THE AGREEMENT WITH AN OUTSTANDING BALANCE OF £xx. ON 17/08/2015 THE DEBT OF £xx WAS ASSIGNED TO PRA GROUP (UK) LTD. NOTICES OF ASSIGNMENT WERE SENT TO THE DEFENDANT IN ACCORDANCE WITH S136 LAW OF PROPERTY ACT 1925. PAYMENTS OF £1,200.00 WERE RECEIVED UP TO 23/08/2017 AND ADJUSTMENTS HAVE BEEN APPLIED IN THE SUM OF £100.00. AND THE CLAIMANT CLAIMS 1. THE SUM OF £xxx

CLAIMANT - PRA GROUP (UK) LIMITED

CLAIMANT SOLICITORS -* PRA GROUP (UK) LIMITED'

That will be the full particulars filed through the moneyclaim online system.* Glad you got through to a helpful person.

As far as you can tell is the claim for the debt that you thought it was for? (Barclaycard credit card)

Do the dates match up to the other information you have received ? ( assignment date (17/08/2015), default date (19/05/2015), account opening (08/07/2000) )

Do you know what the 'adjustment' of £100 was ?

Presumably then around 23/08/2017 is when you received the reply to your CCA request stating they didn't have the agreement and as such the debt was temporarily unenforceable, so you ceased making the payments.* You haven't heard anything since then as you moved house.

In your application you have said you informed PRA

The claimant was informed about change of the postal address in 2017.

but elsewhere you have said you didn't inform them, as you already had the unenforceable letter from them. * Just make sure you are clear on that when it comes to the hearing.* You might have informed them by telephone.




*

[AK2020]

That will be the full particulars filed through the moneyclaim online system. Glad you got through to a helpful person.

As far as you can tell is the claim for the debt that you thought it was for? (Barclaycard credit card)

Do the dates match up to the other information you have received ? ( assignment date (17/08/2015), default date (19/05/2015), account opening (08/07/2000) )

Do you know what the 'adjustment' of £100 was ?

Presumably then around 23/08/2017 is when you received the reply to your CCA request stating they didn't have the agreement and as such the debt was temporarily unenforceable, so you ceased making the payments. You haven't heard anything since then as you moved house.

In your application you have said you informed PRA but elsewhere you have said you didn't inform them, as you already had the unenforceable letter from them. Just make sure you are clear on that when it comes to the hearing. You might have informed them by telephone.

That's right, it's a claim for Barclaycard, account opening date corresponds with CRA files, I don't remember default or/and assignment dates. At that point of life I didn't keep any documentation. I opened the letters and shredded them straight away. 2015 was the worst financial year of my life, I had many payday loans, couldn't meet my financial obligations. Now all payday loans are closed, most of them refunded, I spent 2017-2018 reclaiming interest from various payday lenders, sending SARs to collectors. Few debts were unenforceable, few statute barred, most payday lenders admitted wrongdoing. And now when all my financial worries are behind I've got this surprise on my credit file.

I don't know what adjustment is for.

I obviously will say at the hearing what I wrote in my witness statement. I might inform them on phone as they have my new address (expect flat number).

I just posted a new SAR* to PRA Group and will wait for the hearing assignment from a local Court. Hopefully SAR will arrive before the hearing is due.

[AK2020]

An update and a question. After receiving an answer for SAR request I have the following question. Could you, please, help me.

PRA Group included in the pack the last letter I received from them before the mock up with address where they tell me that the debt is unenforceable. Here I'm lucky. They also included something which looks like a standard Barclaycard terms and conditions. The 'agreement' part has a page with my address at the time of opening the account and 'your right to cancel' box, nothing else on the page plus two blank pages. Then there is a page called CCA but it has my current last name and an address where I lived in 2008-2012 and I my opinion might belong to another Barclaycard which I opened in 2011 and repaid in 2018 in full and closed. In 2000 I was known by my maiden name and had a different address, the same which they have on the first blank page.
Is CCA updated once you move and change name or does it have an original details altogether? Or did Barclaycard sent PRA a copy of my second CCA?

[pt2537]

PRA Group continue to have issues with the Consumer Credit Act, they have just lost again in PRA Group UK Limited v Holmes, and they tried to appeal, and that was refused too. Heres the Court order. as you will see s78 remained an issue

https://pbs.twimg.com/media/EQAL1lQW...png&name=large

[AK2020]

Moved from a new tread.
Thank you very much for all advices given to me earlier this year. My set aside phone hearing was successful but now I have to file a defence. I submitted a draft defence for the hearing based on the template kindly provided by this site. Now I need to serve it. Do I need to attach any evidence to my defence or is it enough to serve just a defence based on template? Thank you in advance.

[AK2020]

Basically my question is do I need to attach to the defence a copy of CCA for another card PRA sent me instead of one claim was for, proof of my name, address at the time of the entering into alleged debt etc or is the 2 pages of defence based on template enough. Thanks.

[AK2020]

I think I found an answer that no attachments needed as yet. But I have another question. Where my defence should be served to the local court where the case was transferred or to the original Northampton Court where the CCJ by default was obtained? Please, advise.

[pt2537]

I think I found an answer that no attachments needed as yet. But I have another question. Where my defence should be served to the local court where the case was transferred or to the original Northampton Court where the CCJ by default was obtained? Please, advise.

If your case is now being dealt with by your local court then that is where you file the Defence and dont forget to serve a copy on the otherside too

[AK2020]

Thank you. The defence filed in the beginning of this week.