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Court claim received 24th May PRA - Barclaycard

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  • Court claim received 24th May PRA - Barclaycard

    I have now received a CCJ letter from Northampton in the mail on the 24th May.

    The creditor is Barclaycard
    Balance £9510.51
    Defaulted 27/10/2023

    I did request CCA with a sum in February 2024 and shortly after received correspondence on 06/03/2024 that they have requested info from Barclaycard, account has been put on hold and they returned my cheque as they do not charge for this.

    On 21/03/2024 they responded with copy agreement documentation with the word ’BASE’ on the top right of each page for the account and also stated in the cover letter that ‘we have currently deemed this debt as unenforceable which means we are not able to take court action or further action against you to recover the outstanding debt’

    On 28/03/2024 received another set of agreement documents with transaction statements from Dec 2022 (missing Feb 2023) to Nov 2023.

    What else I noticed was the interest rates for standard and cash are different between the two issued agreements even though they are both titled to myself.

    I have not yet sent a CPR 31.14 / CPR18 request.

    What should be my next approach to this as I have never experienced this before?

    Your advice/guidance is greatly appreciated
    Tags: None

  • #2
    Hi Demo8

    Welcome to LB

    Fill in the following, copy / paste back to this thread without personal details -

    Received a claim? Yes/No:
    Issue Date:
    Have you Acknowledged the Claim?:
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimant’s Name:
    Solicitors Firm:
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    List any letters you have sent (eg: CCA/ CPR ):
    Any Other Information or Background Details:
    When was the account opened?


    a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

    https://legalbeagles.info/library/gu...ledge-a-claim/

    b) Send a SAR request to Barclaycard, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    c) Send a CCA request to the Claimant, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...etter-example/

    d) Send a CPR 31.14 request to their solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

    https://legalbeagles.info/library/gu...-of-documents/

    e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

    https://legalbeagles.info/library/gu...-court-claims/

    Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

    Comment


    • #3
      Received a claim? Yes/No: Yes
      Issue Date: 22 May 2024
      Have you Acknowledged the Claim?: No
      Total Amount Claimed : £9600
      Claimant’s Name: PRA
      Solicitors Firm: ?
      Original Creditor: Barclaycard
      Original Debt (eg. Credit card/Loan/Overdraft) : CC
      Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
      The Claimant claims the sum of £**** for an outstanding debt owed. On 02/08/2015 the Defendant entered into an agreement with Barclays Bank UK PLC for a a Credit Card under reference ****. On 27/10/2023 the Defendant defaulted on the agreement with an outstanding balance of £****. On 14/11/2023 the debt of £**** was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/2023. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.
      AND THE CLAIMANT CLAIMS 1. The sum of £****

      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
      List any letters you have sent (eg: CCA/ CPR ): CCA
      Any Other Information or Background Details:
      When was the account opened? 08/2015

      Comment


      • #4
        Received a claim? Yes/No: Yes
        Issue Date: 22 May 2024
        Have you Acknowledged the Claim?: No You can do this online via MCOL, deny all.
        Total Amount Claimed : £9600
        Claimant’s Name: PRA
        Solicitors Firm: ? that will be on the Court form
        Original Creditor: Barclaycard
        Original Debt (eg. Credit card/Loan/Overdraft) : CC
        Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
        The Claimant claims the sum of £**** for an outstanding debt owed. On 02/08/2015 the Defendant entered into an agreement with Barclays Bank UK PLC for a a Credit Card under reference ****. On 27/10/2023 the Defendant defaulted on the agreement with an outstanding balance of £****. On 14/11/2023 the debt of £**** was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/2023. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.
        AND THE CLAIMANT CLAIMS 1. The sum of £****

        Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
        List any letters you have sent (eg: CCA/ CPR ): CCA
        Any Other Information or Background Details: personal circumstances, lost your job etc.
        When was the account opened? 08/2015

        Comment


        • #5
          Received a claim? Yes/No: Yes
          Issue Date: 22 May 2024
          Have you Acknowledged the Claim?: No
          Total Amount Claimed : £9600
          Claimant’s Name: PRA GROUP U.K. PORTFOLIOS LTD
          Solicitors Firm: PRA GROUP U.K. LTD
          Original Creditor: Barclaycard
          Original Debt (eg. Credit card/Loan/Overdraft) : CC
          Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
          The Claimant claims the sum of £**** for an outstanding debt owed. On 02/08/2015 the Defendant entered into an agreement with Barclays Bank UK PLC for a a Credit Card under reference ****. On 27/10/2023 the Defendant defaulted on the agreement with an outstanding balance of £****. On 14/11/2023 the debt of £**** was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/2023. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.
          AND THE CLAIMANT CLAIMS 1. The sum of £****

          Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
          List any letters you have sent (eg: CCA/ CPR ): CCA
          Any Other Information or Background Details: Rise of living costs and unable to pay monthly minimum payments. Also have another CC with MBNA which has defaulted in the same month as this one with a sum of £10k but not heard anything from this yet since defaulted.
          When was the account opened? 08/2015

          Comment


          • #6
            I could not find a specific solicitor details on the form other than PRA.

            I have now enrolled / registered for MCOL. I have the claim number on the court claim form but no Defence Pack Password.

            The letters I received are,
            N1SDT Claim form
            N9SDT Response pack
            N9A Form admission
            N9B Defence and counterclaim

            Comment


            • #7
              Originally posted by Demo8 View Post
              I could not find a specific solicitor details on the form other than PRA.

              I have now enrolled / registered for MCOL. I have the claim number on the court claim form but no Defence Pack Password.

              The letters I received are,
              N1SDT Claim form
              N9SDT Response pack
              N9A Form admission
              N9B Defence and counterclaim
              Check the ink below -

              https://legalbeagles.info/library/gu...ledge-a-claim/

              Comment


              • #8
                AOS has now been completed online following the instruction, thanks for the link.

                Comment


                • #9
                  Originally posted by Demo8 View Post
                  AOS has now been completed online following the instruction, thanks for the link.
                  Now do b), c), and d). and make sure you get Proof of Postage.

                  Comment


                  • #10
                    Is the address below correct for SAR?

                    DSAR (Barclaycard)
                    51 Saffron Rd
                    Leicester
                    LE18 4US

                    Comment


                    • #11
                      Originally posted by Demo8 View Post
                      Is the address below correct for SAR?

                      DSAR (Barclaycard)
                      51 Saffron Rd
                      Leicester
                      LE18 4US
                      Yes, that's the one.

                      Comment


                      • #12
                        For the 31.14 doc where I am requesting docs for inspection my particulars were,

                        The Claimant claims the sum of £**** for an outstanding debt owed. On 02/08/2015 the Defendant entered into an agreement with Barclays Bank UK PLC for a a Credit Card under reference ****. On 27/10/2023 the Defendant defaulted on the agreement with an outstanding balance of £****. On 14/11/2023 the debt of £**** was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/2023. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.
                        AND THE CLAIMANT CLAIMS 1. The sum of £****


                        Is it correct to request the following,

                        1. Agreement
                        2. Notice of assignment

                        Is there anything else I have missed?

                        Comment


                        • #13
                          1. Agreement
                          2. Default Notice
                          2. Notice of Assignment

                          Comment


                          • #14
                            On the lead times do I count just working days or is it 7 consecutive days from date?

                            Thank for your prompt responses!

                            Comment


                            • #15
                              I see you recommended,

                              2. Default Notice

                              On the template it states if the particular does not specify this which cannot be asked for under CPR 31.14?

                              Comment

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