Court claim received 24th May PRA - Barclaycard

[echat11]

echat11 Am I right in believing that when i sent CPR 31.14 request they had 7 days to produce?
When going through my documents received they sent me generic agreement with no proof of signature of the agreement, t&c, some statements, default notice, NOA and letter before claim. This was issued to me dated 6th Jan 2025. They also sent me a duplicate again on 7th May 2025.
Not providing the signed agreement does this mean they have failed to provide an executed copy (Breach of Section 61A): The creditor failed to provide the debtor with a copy of the executed (signed) agreement within the prescribed time limits?

There is also no detail of the credit limit issued on the agreement.

Are these both flaws I should add to the witness statement?
I cannot see any other errors in my eyes.

Thanks

When was the account opened?

You said 'they are generic agreements' normally they have a 'year reference' at the bottom / side/ top of the page, can you check?

[Demo8]

When was the account opened?

You said 'they are generic agreements' normally they have a 'year reference' at the bottom / side/ top of the page, can you check?

@echat11

Account was opened on 02/08/2015

i have checked all 4 copies they have sent in stages and non hold any form of dates or references.
the first page of all start with,
Credit Card agreement regulated by the Consumer Credit Act 1974.
1. Introduction
This agreement is between us (Barclays Bank PLC, Barclaycard Centre, Northampton NN4 7SG) and you, [MY NAME AND ADDRESS]……

[echat11]

echat11

Account was opened on 02/08/2015

i have checked all 4 copies they have sent in stages and non hold any form of dates or references as you mention.
the first page of all start with,
Credit Card agreement regulated by the Consumer Credit Act 1974.
1. Introduction
This agreement is between us (Barclays Bank PLC, Barclaycard Centre, Northampton NN4 7SG) and you, [MY NAME AND ADDRESS]……

O.K. it sounds like it could be from any year, normally agreements have a reference to, letters, then the month / year. So you could point to that as an anomaly (generic).

[Demo8]

echat11 I have drafted this so far is there any information i have missed and need to include or any changes needed to be made?
Thanks

IN THE **** COUNTY COURT
Claim No. ******


BETWEEN:
Claimant
PRA GROUP PORTFOLIOS LTD

AND
Defendant
** **** *****

_________________________________

WITNESS STATEMENT OF ** **** ****
_________________________________



I ** **** ****, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the 22^nd May 2024, I received a claims form from the County Court Business Centre, Northampton, for the amount of £9510.51.

2. The Claimants particulars of claim state the agreement was entered into on 02/08/2015.

3. On 28^th February 2024 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT A] (right to info request).

4. On 21^st March 2024 the Claimant replied [EXHIBIT B] failing to provide an executed copy of signed agreement or credit amount claiming that the debt is deemed as unenforceable.

5. On 28^th May 2024 I made a formal written request to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT C] (SAR). I also enclosed a copy of the letter sent directly to PRA GROUP LTD, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT A].

6. On 28^th May 2024, I contacted the Claimant [EXHIBIT D] to request copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

7. On 3rd June 2024 the Claimant replied [EXHIBIT E] to my written request without the requested documents.

8. Defence was submitted on 19^th June 2024 [EXHIBIT F] (original defence)

9. On 26^th June 2024 Subject access request information was received via email with a 7 day viewing window but did not include an executed copy of a signed agreement.

10. The Claimant replied to my CPR 31.14 request on 6^th January 2025 [EXHIBIT G] and failed to supply an executed copy of a signed agreement that I requested.

11. All agreements received have no form of reference to, letters, month or year and are generic.


Statement of Truth

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[echat11]

a) If it was me, remember it's your Witness Statement (I'm going through thread), I would write Background directly under 'I ** **** ****, being the Defendant in this case will state as follows;'.

Basically, they provided the same documentation previously and 'deemed' it to be 'unenforceable'.

So go through post (1), only add the relevant bit's. You are trying to cast as much doubt over what they have sent, as non compliant / unenforceable, add the documents as 'Exhibits', they should be the same.

b) As per my Defence of XX/XX/XXXX, Barclaycard failed to serve 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.

c) You can add the following: - I'm not sure how much weight they will carry with the Judge - Not providing the signed agreement does this mean they have failed to provide an executed copy (Breach of Section 61A): The creditor failed to provide the debtor with a copy of the executed (signed) agreement within the prescribed time limits?

d) In the agreement provided, there are prescribed terms missing from the agreement, there is no credit limit.

e) Point 11 needs to be stronger, all agreements tend to have a Reference Number that indicates the month / year that, that agreement / Terms and Conditions came into force, the agreement / Terms and Conditions has no such Reference Number, so could be form any year. Example: BARC07/2016, with no Reference Number, it could be from any year. That makes it 'generic'.

f) You can also note when the CCA request was made, if it was received late, when it was received. Same with the CPR31.14 request.

[Demo8]

echat11 my current draft contains the following,

I make this Witness Statement in support of my defence in the claim.

1. As per my Defence of 19/06/2024, Barclaycard failed to serve 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.

2. On 28^th February 2024 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT A] (right to info request).

3. On 21^st March 2024 the Claimant replied [EXHIBIT B] failing to provide an executed copy of signed agreement or credit amount claiming that the debt is deemed as unenforceable.

4. On 28^th May 2024 I made a formal written request to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT C] (SAR). I also enclosed a copy of the letter sent directly to PRA GROUP LTD, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT A].

5. Section 61 of the Consumer Credit Act 1974 that provides as follows:- (1) A regulated agreement is not properly executed unless- (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner. The creditor failed to provide a copy of the executed (signed) agreement within the prescribed time limits.

6. In the agreements provided, there are prescribed terms not contained in the agreement document itself, there is no credit limit and rates vary across all agreements received. This is fatal to the enforceability of the agreement, and it would not be sufficient.

7. All official agreements tend to have a Reference Number that indicates the month / year that, that agreement / Terms and Conditions came into force, the agreement / Terms and Conditions has no such Reference Number, so could be form any year. Example: BARC07/2016, with no Reference Number, it could be from any year. That makes it 'generic'.

8. On 28^th May 2024, I contacted the Claimant [EXHIBIT D] to request copies of documents pursuant to CPR 31.14.

9. On 3rd June 2024 the Claimant replied [EXHIBIT E] to my written request without the requested documents. A response deadline for the requested information was set by the Claimant which was by 1^st July 2024 which was not met due to the missing information.

10. On 26^th June 2024 Subject access request information was received via email with a 7 day viewing window, again included the same ‘generic’ agreement and did not include an executed copy of a signed agreement.

11. The Claimant replied to my CPR 31.14 request on 6^th January 2025 [EXHIBIT F] and when received was very late and failed to supply an executed copy of a signed agreement that I requested.

Statement of Truth

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[echat11]

It's fine. Email a copy to the Court and a copy to their solicitors.

In the subject line write: Claim Number XXXXXX - Defendants Witness Statement - XXXXXXXXXX v XXXXXXXX.

Take copies with you to Court, hand a couple to the Usher as soon as you get there, just in case the Judge hasn't got a copy.
Take a copy for their solicitor, just in case they turn up.

You can keep calling up to find out if they've paid the fee and sent any forms / documents through.

Hopefully, you'll have a good Judge, if it goes ahead.

[Demo8]

echat11

Thank you again for your support, do I scan and include the EXHIBITS when emailing the WS?

I used the gov website and guessing this is the correct email address, admin.canterbury.countycourt@justice.gov.uk

Regards

[echat11]

echat11

Thank you again for your support, do I scan and include the EXHIBITS when emailing the WS?

I used the gov website and guessing this is the correct email address, admin.canterbury.countycourt@justice.gov.uk

Regards

Yes include the Exhibits.
a) Make sure the Witness Statement has page numbers (probably 2 pages max).

b) Make sure the Evidence Bundle is one continuous document, so each PDF is joined (so you have one document). Make sure the Exhibit pages are numbered.
Adobe allows you to do that.

So you are emailing 1 x Witness Statement and 1 x Evidence Bundle.

[Demo8]

Yes include the Exhibits.
a) Make sure the Witness Statement has page numbers (probably 2 pages max).

b) Make sure the Evidence Bundle is one continuous document, so each PDF is joined (so you have one document). Make sure the Exhibit pages are numbered.
Adobe allows you to do that.

So you are emailing 1 x Witness Statement and 1 x Evidence Bundle.

echat11

Thanks again for your support as advised I compiled the WS as described pdf form signed dated and page numbered.
I also compiled a seperate pdf form signed dated the evidence bundled in EXHIBIT order stamped with the EXHIBIT (letter) on top of each page in order and also page numbered in the footers.

Emailed 5 mins ago subjected as you described to admin.canterbury.countycourt@justice.gov.uk

[echat11]

O.K. have you emailed it to their solicitors?

Have you called the Court to find out if they paid the fee?

[Demo8]

O.K. have you emailed it to their solicitors?

Have you called the Court to find out if they paid the fee?

echat11 no just the court, do I send to PRA also?
I was going to call on the 14th the day before the cut off.

[Demo8]

O.K. have you emailed it to their solicitors?

Have you called the Court to find out if they paid the fee?

echat11 no just the court, do I send to PRA also?
I’m guessing it’s the email address specified ildenquiries@pragroup.co.uk on their correspondence letter attached

I was going to call on the 14th the day before the cut off.

[Demo8]

Called the court, the fee has been paid last week and looks like it will be going ahead is what the representative said on the phone.

[echat11]

echat11 no just the court, do I send to PRA also?
I was going to call on the 14th the day before the cut off.

The thing is if PRA's solicitors hasn't got a copy, then the Judge will ignore your Witness Statement and you have wasted your time preparing your Witness Statement.

You need to read my posts again.