Originally posted by Demo8
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Court claim received 24th May PRA - Barclaycard
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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.
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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.
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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?
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Originally posted by Demo8 View PostWhen 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?
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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
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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.
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Originally posted by Matty B View PostIt 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.
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Originally posted by Matty B View PostYes 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.
Address for sending documents and payments (if different)
PRA GROUP (UK) LIMITED
HALO ENTERPRISE & INNOVATION
HILL STREET, KILMARNOCK
КАЗ 1HA
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Originally posted by Matty B View PostYes 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.
- 1 thank
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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.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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