Ccbc - debtor claim over £5,000 threshold

[Gordon20]

County Court Business Centre have issued me with a claim form N1SDT from Claimant PRA Group for Barclaycard Credit Card Debt of £6,8300 and added a court fee £455 / Legal Cost £100. Debt now stands over £7,000.

My question, for the claimant to make a forcible county court claim don’t they have to reduce the debt to £5,000?

I’m basing the question on below
You can apply to either a county court or the High Court if you’re owed between £600 and £5,000.

If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the County Court. They cannot apply to enforce the county court judgment in the High Court.

Gordon20

[MIKE770]

county court comes under £10,000 higher court above £10,000 cases is norm

Following an increase in the ceiling for claims to be dealt with in the small claims track many people are still under the impression that the limit for small claims is £5,000. On 1 April 2013 the small claims track limit was increased from £5,000 to £10,000 (except in personal injury cases and housing cases, where the ceiling will remain at £1,000).

This means that many more debts will have to be pursued in the County Court via the small claims track.

[Gordon20]

Thank you for your time.
I will need to respond to CCBC claim.
Is county court the same as small claims?

Small claims

• you’re not making a claim under the Consumer Credit Act 1974

[atticus]

County court claims can be for any amount.

Claims for up to £10,000 are allocated to the Small Claims Track. Claims above that amount are allocated to the Fast Track, and above £25k to the catchily-named Multi-Track.

[des8]

[QUOTE

I’m basing the question on below
You can apply to either a county court or the High Court if you’re owed between £600 and £5,000.

If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the County Court. They cannot apply to enforce the county court judgment in the High Court.

Gordon20
[/QUOTE]

Those quotes come from parts of websites (https://www.gov.uk/make-court-claim-...20High%20Court. & https://nationaldebtline.org/fact-sh...20High%20Court.)
dealing with enforcement of court awards.

All you have at the moment is a claim, which you need to respond to either by defending or admitting (wholly or partially)

[Gordon20]

Final question for a judgement to be made will the creditor need to supply the Judge with the agreed CCA and statements showing how the figure is calculated?

My other credit card debtor reduced the amount to under £5,000 to start action against me, clearly not as savvy as PRA group.

You can apply to either a county court or the High Court if you’re owed between £600 and £5,000.

[atticus]

As des8 says, you are looking at something about enforcement. Start a HighCourt Claim for these amounts and you will be sent packing to the County Court.

Gordon20 these things are not necessary for a default judgement, but may be needed if the claim is contested and therefore has to be proved.

[Gordon20]

I putting together a defence, will hopefully have it done by tomorrow and will post, if someone could review it for me it be much appreciated. The particulars below

Received a claim? Yes

Issue Date: 04 April 2023

Have you Acknowledged the Claim?: Yes, Denied the whole claim.

Total Amount Claimed : £7,400

Claimant’s Name: PRA Group (UK) LTD

Solicitors Firm: (CCBC Claim Form)

Original Creditor: Barclays Bank UK PLC

Original Debt: Credit card

Particulars of Claim: The Claimant claims the sum £xxxx for an outstanding debt owed. On 16/12/2015 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference xxxxx. On 29/06/2021 the Defendant defaulted on the agreement with an outstanding balance of £xxxx. On 27/08/2021 the debt of £xxxx 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 £xx were received up to 25/07/2022. AND THE CLAIMANT CLAIMS 1. The sum of £xxxx.

Is the debt Statute Barred: No

List any letters you have sent (eg: CCA/ CPR ): Will request

[Gordon20]

I have done my defence (I will submit it next week). Can someone please review (just want to make sure it’s okay)


DEFENCE

• 1. The Defendant received the claim from the County Court Business Centre on 07/04/2023.
• 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
• 3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
• 4. It is admitted that the Defendant has entered into an agreement with Barclays Bank UK PLC for provision of credit.
• 5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
• 6. The Claimants statement of case states that the account was assigned from Barclays Bank UK PLC to PRA Group (UK) LTD on 27/08/2021. The Defendant does not recall receiving notice of this assignment.
• 7. It is denied that Barclays Bank UK PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
• 8. On the 13/04/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA Group (UK) LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
• 9. PRA Group (UK) LTD has not sent any of these documents to the Defendant.
• 10. On the 13/04/2023 The Defendant sent a formal request for a copy of the original agreement to PRA Group (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
• 11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
• 12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
• 13. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
• 14. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
• 15. It is denied that the Claimant is entitled to the relief as claimed or at all.
• Statement of Truth
• I believe that the facts stated in this document being verified are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[atticus]

There are inconsistencies between me/I and the Defendant.

[Gordon20]

Corrected the inconsistencies, please review
Much appreciated
DEFENCE

• 1. The Defendant received the claim from the County Court Business Centre on 07/04/2023
• 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
• 3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
• 4. It is admitted that the Defendant entered into an agreement with Barclays Bank UK PLC for provision of credit.
• 5. The Claimants statement of case fails to give adequate information to enable Defendant to properly assess position with regards the claim.
• 6. The Claimants statement of case states that the account was assigned from Barclays Bank UK PLC to PRA Group (UK) LTD on 27/08/2021. The Defendant does not recall receiving notice of this assignment.
• 7. It is denied that Barclays Bank UK PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
• 8. On the 13/04/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA Group (UK) LTD. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
• 9. PRA Group (UK) LTD has not sent any of these documents to the Defendant.
• 10. On the 13/04/2023 The Defendant sent a formal request for a copy of the original agreement to PRA Group (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
• 11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
• 12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
• 13. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
• 14. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
• 15. It is denied that the Claimant is entitled to the relief as claimed or at all.
• Statement of Truth
• I believe that the facts stated in this document being verified are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
• Signed ________
• Dated ________

[Gordon20]

Apologies, final version
DEFENCE

• 1. The Defendant received the claim from the County Court Business Centre on 07/04/2023
• 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
• 3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
• 4. It is admitted that the Defendant entered into an agreement with Barclays Bank UK PLC for provision of credit.
• 5. The Claimants statement of case fails to give adequate information to enable Defendant to properly assess position with regards the claim.
• 6. The Claimants statement of case states that the account was assigned from Barclays Bank UK PLC to PRA Group (UK) LTD on 27/08/2021. The Defendant does not recall receiving notice of this assignment.
• 7. It is denied that Barclays Bank UK PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
• 8. On the 13/04/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA Group (UK) LTD. Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
• 9. PRA Group (UK) LTD has not sent any of these documents to the Defendant.
• 10. On the 13/04/2023 The Defendant sent a formal request for a copy of the original agreement to PRA Group (UK) LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
• 11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
• 12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless defendant expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
• 13. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead case else the Claim should stand struck out.
• 14. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend defence, and would ask that the Claimants bear the costs of the amendment.
• 15. It is denied that the Claimant is entitled to the relief as claimed or at all.
• Statement of Truth
• I believe that the facts stated in this document being verified are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.