Court claim received 24th May PRA - Barclaycard

[echat11]

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.

[Demo8]

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.

[Demo8]

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.

[Demo8]

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

[echat11]

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.

[Demo8]

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?

[echat11]

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.

[Demo8]

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

[Matty B]

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.

[Demo8]

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.

[Matty B]

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.

[Demo8]

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

[Demo8]

IMG_8834.jpeg

[Demo8]

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.

[Matty B]

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.