Court claim received 24th May PRA - Barclaycard

[echat11]

Issue was 22nd May so I’m returning here on the 16th?

Don’t want to screw this one up like I did with a pcn not long ago ended up with a bill over £200 smh.

Yep, don't forget.

[pt2537]

Dont forget that not all barclays agreements were compliant. I proved this in this case here https://www.bailii.org/ew/cases/Misc/2012/19.html

Have a read it may well give some good pointers

[Demo8]

Yep, don't forget.

I have been working nights this week and lost the track of time!!!

I hope I haven’t returned to late and can get some further assistance on preparation?

I have already started drafting the defence form template shared via the like at the start.

Thanks

[echat11]

Fill in and check the bits in red. Read the whole defence several times. Then you are ready to lodge it with the Court via MCOL.

You'll get an automated confirmation that it's been received.

In the Northampton County Court Business Centre

Claim No: XXXXXXXXX

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXX from Northampton County Court Business Centre on 22nd May 2024.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Barclaycard for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 02/08/2015.

7.The Claimants statement of case states that the account was assigned from Barclaycard to PRA Group (UK) Limited on 14/11/2023. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Barclaycard served 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.

9..On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA GROUP U.K. LTD. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

10. PRA GROUP U.K. LTD has not sent any of these documents to the Defendant.

11.On the 28/05/24 The Defendant sent a formal request for a copy of the original agreement to PRA Group UK Portfolios Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ___

[Demo8]

Fill in and check the bits in red. Read the whole defence several times. Then you are ready to lodge it with the Court via MCOL.

You'll get an automated confirmation that it's been received.

In the Northampton County Court Business Centre

Claim No: XXXXXXXXX

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXX from Northampton County Court Business Centre on 22nd May 2024.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Barclaycard for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 02/08/2015.

7.The Claimants statement of case states that the account was assigned from Barclaycard to PRA Group (UK) Limited on 14/11/2023. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Barclaycard served 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.

9..On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to PRA GROUP U.K. LTD. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

10. PRA GROUP U.K. LTD has not sent any of these documents to the Defendant.

11.On the 28/05/24 The Defendant sent a formal request for a copy of the original agreement to PRA Group UK Portfolios Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ___

Thank you for your support.

in the SIGNED field is my typed name enough or will require an actual signature?

[echat11]

Thank you for your support.

in the SIGNED field is my typed name enough or will require an actual signature?

Needs to be an actual signature.

[Demo8]

Needs to be an actual signature.

Ok so I’ll fill out the fields print sign scan and upload to mcol online or via recorded mail?

[Demo8]

I had to change the dates of 9. to 28/05/24
and 11. to 28/02/24 as this is when I sent a cca request letter this is when they responded with the following, (I also have a cheque clad dated 28/2 as a reminder.

We have currently deemed this debt as unenforceable which means we are not able to take court or further endorsement action against you to recover the outstanding balance.

please be advised this does not mean that the date has been written off, despite being unenforceable, we are still legally entitled to:
Contact to you and ask you to repair.
Pass your details onto a third-party collection agency.
Continue to report your account with the credit reference bureaux.


can you clarify the dates are correct and I’m not getting into a pickle?

thanks again!

[Demo8]

echat11

[echat11]

Ok so I’ll fill out the fields print sign scan and upload to mcol online or via recorded mail?

There are lots of ways of doing this, what you could do is as follows:

a) Print off Defence,
b) Sign Defence,
c) Scan Defence
d) Email your Defence to the Court - ccbcaq@justice.gov.uk
e) In the Subject line write -CLAIM NO: XXXXXXX - DEFENDANTS DEFENCE - XXXXXXX v XXXXXXXXX

You should receive an auto email.

[echat11]

I had to change the dates of 9. to 28/05/24
and 11. to 28/02/24 as this is when I sent a cca request letter this is when they responded with the following, (I also have a cheque clad dated 28/2 as a reminder.

We have currently deemed this debt as unenforceable which means we are not able to take court or further endorsement action against you to recover the outstanding balance.

please be advised this does not mean that the date has been written off, despite being unenforceable, we are still legally entitled to:
Contact to you and ask you to repair.
Pass your details onto a third-party collection agency.
Continue to report your account with the credit reference bureaux.


can you clarify the dates are correct and I’m not getting into a pickle?

thanks again!

If that's when you sent the requests off, then the dates are correct.

[Demo8]

echat11 received this auto response from the email you specified

[echat11]

echat11 received this auto response from the email you specified

Are there any email addresses on the Court documents you received?

[Demo8]

Are there any email addresses on the Court documents you received?

Aha on the attachment there is the following attached.

I’m guessing I’m sending to ClaimResponses.CNBC@justice.gov.uk

Correct echat11 ?

[Demo8]

echat11 i went with that address and received correspondence as pictured.

after scanning the doc it ended up being a jpeg file is this acceptable? I haven’t had a chance to following website yet,

https://www.justice.gov.uk/courts/pr...t05/pd_part05b