Court claim received 24th May PRA - Barclaycard

[Demo8]

Today (29th) I received the N180 from PRA the claimant.

I noticed on their form that they selected YES to,

D. Suitability for determination without a hearing
D1 Do you consider that this claim is suitable for determination without a hearing.

And they opted for my local court also.



pt2537 Pezza54 echat11

[Demo8]

I have another little dilemma, I sent the letters on Friday 26th with tracking but they are showing as delivered to the court on the 30th when they said the N180 has to be with them by 29th!

is this going to be an issue for me now? Is there anything recommended I should do?

[Demo8]

Good afternoon after a long period of silence after receiving copies of my account with no agreement I have received the following letter today in the mail. I would like some advice please on what the potential nexts steps would be so I can prepare myself.

pt2537 Pezza54 echat11

Your support is appreciated

[Demo8]

Good afternoon after a long period of silence after receiving copies of my account with no agreement I have received the following letter today in the mail. I would like some advice please on what the potential nexts steps would be so I can prepare myself.

pt2537 Pezza54 echat11

Your support is appreciated

[Demo8]

If the claimant PRA miss the deadline and the court STRIKE OUT the case does this mean I will no longer be perused or will PRA sell it on to another company for them to then re attempt via the court?

[echat11]

Good afternoon after a long period of silence after receiving copies of my account with no agreement I have received the following letter today in the mail. I would like some advice please on what the potential nexts steps would be so I can prepare myself.

pt2537 Pezza54 echat11

Your support is appreciated

It sounds like the Court has lost the Claimants Directions Questionnaire, so the Court file is incomplete.
So the Claimant needs to provide it again (providing it was provided, you would have a copy of it).
The case itself has been transferred to another County Court.

[echat11]

If the claimant PRA miss the deadline and the court STRIKE OUT the case does this mean I will no longer be perused or will PRA sell it on to another company for them to then re attempt via the court?

Correct, they can't make another claim.
They could try to reinstate the claim, they would need a very good reason.
They could try to sell the debt, but make no sent to try.

[Demo8]

It sounds like the Court has lost the Claimants Directions Questionnaire, so the Court file is incomplete.
So the Claimant needs to provide it again (providing it was provided, you would have a copy of it).
The case itself has been transferred to another County Court.

Thanks echat11 let’s hope they fail.
I completed my N180 and submitted to the claimants solicitor and the court with support from yourself and other members here.

[Demo8]

Another update from the courts, it appears that the application is still incomplete. I am a bit unsure on what they are missing but I’m guessing they have received what they previously requested which was the Directions Questionnaire, whether it’s this that is still incorrect or other documentation is still missing (maybe someone can shed some light on this)?

The new deadline is 15th October. If the claimant does file the correct information what do you advise I prepare prior to the hearing, I’m guessing at this point I will be attending the hearing and what should I attend with/say? This is the first time I have ever experienced such thing so have no experience with the courts.

Am I right in thinking I need to start drafting the defence letter here: https://legalbeagles.org/library/gui...-court-claims/

I appreciate your support on this case and look forward to your responses.

echat11 pt2537 Pezza54

[echat11]

Another update from the courts, it appears that the application is still incomplete. I am a bit unsure on what they are missing but I’m guessing they have received what they previously requested which was the Directions Questionnaire, whether it’s this that is still incorrect or other documentation is still missing (maybe someone can shed some light on this)?

The new deadline is 15th October. If the claimant does file the correct information what do you advise I prepare prior to the hearing, I’m guessing at this point I will be attending the hearing and what should I attend with/say? This is the first time I have ever experienced such thing so have no experience with the courts.

Am I right in thinking I need to start drafting the defence letter here: https://legalbeagles.org/library/gui...-court-claims/

I appreciate your support on this case and look forward to your responses.

echat11 pt2537 Pezza54

https://www.justice.gov.uk/courts/pr...l/rules/part27

You don't know what the Claimant will or won't do i.e. pay fee, prepare a Witness Statement, etc, so you need to do what you have to do.

You need to get it into the Court / their solicitors in the next couple of days.

Prepare a Witness Statement, a Evidence Bundle etc. You email one copy to the Court and one copy to the Creditors solicitors.
When you attend the Hearing, take two copies, one for yourself and one for the Judge (just incase).

https://legalbeagles.info/forums/for...ess-statement/

https://hallellis.co.uk/preparing-witness-statements/

Post it on this thread without personal details.

[Demo8]

echat11

https://www.justice.gov.uk/courts/pr...l/rules/part27

You don't know what the Claimant will or won't do i.e. pay fee, prepare a Witness Statement, etc, so you need to do what you have to do.

You need to get it into the Court / their solicitors in the next couple of days.

Prepare a Witness Statement, a Evidence Bundle etc. You email one copy to the Court and one copy to the Creditors solicitors.
When you attend the Hearing, take two copies, one for yourself and one for the Judge (just incase).

https://legalbeagles.info/forums/for...ess-statement/

https://hallellis.co.uk/preparing-witness-statements/

Post it on this thread without personal details.

The witness statement I do not have exact dates of when I sent or requested information would the month and year be sufficient?

Regarding the evidence, what kind of things should I be gathering as I only have old letters from PRA and the CCA pack they sent me which does not contain the agreement. Is this the kind of information I need to take, is there anything else I should consider that I’m missing?

[Demo8]

After re tracing through the thread from the start to get a sense of what I’m needing to gather as evidence I noticed PRA did send me a secure passworded link which contained the account request information which included a reconstituted copy of the credit agreement.

While drafting the witness statement, looking at the example it’s states,

8. I have not received any of the documents mentioned in the claimants claim form.

The email sent by PRA contained information of account, am I playing ignorance here and claiming they didn’t issue or do I not include this point in my witness statement?

11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

The email sent by PRA contained reconstituted copy of agreement, am I playing ignorance here also and claiming they didn’t issue or do I not include this point in my witness statement?

I am only asking this due to the statement of truth and would like some clarity please

[echat11]

echat11


The witness statement I do not have exact dates of when I sent or requested information would the month and year be sufficient?

Regarding the evidence, what kind of things should I be gathering as I only have old letters from PRA and the CCA pack they sent me which does not contain the agreement. Is this the kind of information I need to take, is there anything else I should consider that I’m missing?

To be honest, you should have information on most of the dates. If you haven't got the exact date, then
your going to have to use 'around / approx'. You want all the documents / evidence that will help your case
and place doubt on the Creditors claim.

[echat11]

a) After re tracing through the thread from the start to get a sense of what I’m needing to gather as evidence I noticed PRA did send me a secure passworded link which contained the account request information which included a reconstituted copy of the credit agreement.

So include the 'reconstituted copy of the credit agreement', highlight flaws in the agreement.

https://lawzone.legal/when-is-a-cred...unenforceable/

b) While drafting the witness statement, looking at the example it’s states,

8. I have not received any of the documents mentioned in the claimants claim form.

The email sent by PRA contained information of account, am I playing ignorance here and claiming they didn’t issue or do I not include this point in my witness statement?

The point with saying you didn't is that PRA will show that you did. Your case starts to fall away. You are better off saying you received it, but highlight flaws with it, e,g. errors, etc.

11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

The email sent by PRA contained reconstituted copy of agreement, am I playing ignorance here also and claiming they didn’t issue or do I not include this point in my witness statement?

Answered (a)

I am only asking this due to the statement of truth and would like some clarity please

[Demo8]

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