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Court claim received 24th May PRA - Barclaycard

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  • #16
    Originally posted by Demo8 View Post
    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?
    They mention it 'the Defendant defaulted on the agreement', so you need to ask for it.

    Comment


    • #17
      Originally posted by echat11 View Post

      They mention it 'the Defendant defaulted on the agreement', so you need to ask for it.


      Question before i head to the post office,


      For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

      EDIT

      Please ignore i got confused with the request i sent to PRA, this is relating to the SAR direct to Barclaycard i am submitting today.
      Last edited by Demo8; 26th May 2024, 14:09:PM.

      Comment


      • #18
        Had a discussion with solicitors this morning, they have offered to litigate on my behalf and we discussed figures and they shared their success with PRA.
        Is it worth the costs for an increase in success or steer this myself? I’m concerned that this is something I’ve never dealt with before, not saying I’m not confident but I wouldn’t want to get myself in deeper crud.

        If anyone has any past experiences or stories that would be greatly appreciated.

        Comment


        • #19
          Realistically litigating in person what would be the chances of success, so I follow this through in person or shall I instruct a solicitor?

          Comment


          • #20
            Originally posted by Demo8 View Post
            Realistically litigating in person what would be the chances of success, so I follow this through in person or shall I instruct a solicitor?
            It's up to you, something we can't help you with.

            Comment


            • #21
              When I showed them the 31.14 i prepared from the template you shared their take on it was,
              That is not really a CPR 31.14 request, it’s essentially what’s known as a negative defence, and would certainly be taken as that if you file at court. This would almost certainly lead to you needing to make an application to amend later, which incurs the application (court) fee which is £303. That would apply whether you do this yourself or instruct us.

              Whats your thoughts on this echat11 reckon it would be taken as a negative defence?

              Comment


              • #22
                Originally posted by Demo8 View Post
                When I showed them the 31.14 i prepared from the template you shared their take on it was,
                That is not really a CPR 31.14 request, it’s essentially what’s known as a negative defence, and would certainly be taken as that if you file at court. This would almost certainly lead to you needing to make an application to amend later, which incurs the application (court) fee which is £303. That would apply whether you do this yourself or instruct us.

                Whats your thoughts on this echat11 reckon it would be taken as a negative defence?
                Let me think, tea or discussing CPR 31.14, guess what? tea.

                Comment


                • #23
                  I received correspondence from the SAR I sent as mentioned earlier.
                  Is this correct, I submitted it to Barclaycard address hence getting confirmation of correct address but PRA have corresponded as shown below.


                  IMG_8810.jpeg

                  Comment


                  • #24
                    It will be interesting if they can not find the default notice as they will need one to collect the debt.

                    You should send another DSAR to B/C just asking for all information they hold on you- do not specify an account. You could add that you had sent them one previously and expect an answer otherwise you will pass it on to the ICO

                    Why not have a chat with pt2537 if you are considering a lawyer - he might be able to offer an opinion.

                    Comment


                    • #25
                      Originally posted by Matty B View Post
                      It will be interesting if they can not find the default notice as they will need one to collect the debt.

                      You should send another DSAR to B/C just asking for all information they hold on you- do not specify an account. You could add that you had sent them one previously and expect an answer otherwise you will pass it on to the ICO

                      Why not have a chat with pt2537 if you are considering a lawyer - he might be able to offer an opinion.

                      OK sounds good, resend the same request but with hold account details right? Just specify my name and address only?

                      Thanks for prompt response.

                      I have had no response from the Nottingham court yet regarding the 31.14.

                      Comment


                      • #26
                        Yes that is correct about the sar

                        you send a cpr 31.14 to the solicitors who issued the claim and not the court

                        I think maybe you should go back to square 1, I am not sure you have quite understood who to send what to.

                        Comment


                        • #27
                          Originally posted by Matty B View Post
                          Yes that is correct about the sar

                          you send a cpr 31.14 to the solicitors who issued the claim and not the court

                          I think maybe you should go back to square 1, I am not sure you have quite understood who to send what to.
                          Details specified on court paper that I sent it to,

                          Address for sending documents and payments (if different)

                          PRA GROUP (UK) LIMITED

                          HALO ENTERPRISE & INNOVATION

                          HILL STREET, KILMARNOCK

                          КАЗ 1HA

                          Comment


                          • #28
                            IMG_8834.jpeg
                            Attached Files

                            Comment


                            • #29
                              Received the above from both BC and PRA today they seem to be working in tandem.

                              PRA stipulates filling in the claim form and by the date they specified.
                              Last edited by Demo8; 7th June 2024, 22:09:PM. Reason: Typo

                              Comment


                              • #30
                                Originally posted by Matty B View Post
                                Yes that is correct about the sar

                                you send a cpr 31.14 to the solicitors who issued the claim and not the court

                                I think maybe you should go back to square 1, I am not sure you have quite understood who to send what to.
                                Yes but you said you had not heard from the Nottingham Court so it sounded like you had sent it there. A Cpr31.14 must go the right place.

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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