Tweet
Originally posted by Demo8
View Post
echat11
a witness statement and a huge approx 250 page bundle along arrived today. The WS is written as followed,
1. I am a Solicitor in the employ of PRA Group (UK) Limited and I am authorised to make this statement on its behalf and on behalf of the Claimant. The contents of this witness statement are true to the best of my knowledge, information and belief unless otherwise stated in which case I believe to be true. I have reviewed the files and papers held by PRA Group (UK) Limited and the Claimant. There is now produced and shown to me in exhibit "TL1" various copy documents to which I shall refer to by page number.
2. I make this Witness Statement in light of the upcoming hearing, taking place on 12th November 2025 at 10:00am.
Background
3. This claim relates to an outstanding debt owed under a Credit Card Agreement, regulated by the Consumer Credit Act 1974, reference number xxxxxxxxxxxxxxx, originally entered into by xxx xxx and Barclaycard on 2nd August 2015. I shall simply refer to the original creditor as "Barclaycard" throughout my Witness Statement. A copy of the reconstituted agreement is at pages 1-31.
4. In the matter of Carey v HSBC, "a creditor can satisfy its duty under s78 of the Consumer Credit Act 1974 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself." The agreement is therefore rendered enforceable and amount due under the same, is fully recoverable.
5. Upon entering into the credit card agreement, Barclaycard agreed to provide the Defendant with a credit facility to be utilised subject to the terms and conditions of the agreement. The Defendant used the credit facility provided and Barclaycard sent monthly credit card statements setting out the amounts used and the payments to be made. A copy of these statements can be found at pages 32-56.
6. On 14th September 2023, as a result of the continued non-payment of the debt accrued and Barclaycard sent to the Defendant a Default Notice. The Default Notice informed the Defendant that in order to remedy the breach of the agreement they were required to pay £963.77 by 15th October2023. It also stated that failure to remedy the default would result in the account being terminated and also "We may pass your debt to a third party debt purchaser who will ask you directly to repay the outstanding balance. We will tell you if we do this and will explain what this means for you (including any payment arrangements you have made)."
7. A copy of the Default Notice is at pages 57-64.
8. On 14 November 2023 the debt was assigned by Barclaycard to the Claimant. The outstanding balance was £9510.51. A copy of the Notice of Assignment was sent by Barclaycard and PRA Group (UK) Limited to the defendant on 21st November 2023 in compliance with s136(1) of the Law of Property Act 1925 and is at pages 64-70.
9. Section 136 of the LPA 1925 requires that a debtor be "given" notice rather than "served" notice so the provisions of S196 of the LPA 1925 for service by registered post do not apply. This was sent to the Defendant at his last known address of xxxxxxx.
10. The Notice of Assignment was not returned as undeliverable by the postal service.
11. The Receivables Sale Agreement between Barclays and PRA Group (UK) Limited (redacted to protect commercially sensitive information) is at pages 71-162
Second assignment
12. Following submission of the application to substitute Claimant from PRA Group (UK) Limited to PRA Group UK Portfolios Ltd ("The Claimant"). The Claimant sent an email to the Defendant on 17 January 2024 advising of the above. A copy of the email which was sent can be seen on pages 163-166 and a screenshot showing this email was sent can be seen on page 167.
13. The Asset Transfer Deed between PRA Group (UK) Limited and the Claimant, redacted to protect commercially sensitive information, can be seen on pages 168-196.
Pre Claim
14. Upon purchasing the account, the Claimant attempted to make contact with the defendant via phone calls to xxxxxc and emails to xxxxxxx. A screenshot showing the contact made can be seen at pages 197.
15. The Claimant would like to confirm that the telephone number we held to contact the defendant, was since confirmed by the defendant on his Direction Questionnaire. A copy of the defendant's Direction Questionnaire can be seen at pages 198-202.
The Claim
16. The defendant had made no effort to contact the Claimant or pay the sums owed. Given this, on 19th February 2024 a pre-litigation letter was issued. A copy of this is at pages 203-204.
17. Upon receiving the pre-litigation notification, the Defendant made contact with the Claimant, requesting the original agreement and statements. A copy of this letter can be seen at page 205 and a copy of the Claimants response can be seen at page 206-207.
18. The Defendant failed to get back in touch with the Claimant or pay the debt due. The Claimant therefore sent a Letter Before Claim to the Defendant at his last known address of xxxxxxx in accordance with Civil Procedures Rules Pre-Action Conduct. A copy of the Letter Before Claim is at pages 208-220.
19. The Defendant failed to respond or make any payment and consequently the Claimant issued this Claim under Number L7HB63T3 in the Civil National Business Centre (CNBC) on 22nd may 2025 for the sum of £10,065.51 The Defendant was served with claim form and response pack at his last known address of of xxxxxxx. A copy of the claims form is at pages 221-222.
Contact Post Claim
20. On 26th May 2024, the Defendant contacted the Claimant and made a Subject access Request. A copy of this request can be seen at pages 223-226. A response was sent via email on 21st June 2024 and a screenshot showing this can be seen at pages 227.
21. On 7th May 2025, the Claimant contacted the Defendant to try and come to an agreement to avoid further Court proceedings and also disclosed documents. A copy of the letter is at page 228. To avoid duplication, the documents that were enclosed can be found throughout this Witness Statement.
Defence
22. The defendant subsequently submitted a defence. I have seen a copy of this application.
23. In response to point 1-6, the Claimant asserts that the Particulars of Claim comply with Part 16 CPR and provide all key information, and the Defendant has clearly been able to identify the debt by produced a detailed and comprehensive Defence.
24. In response to point 7, the Claimant relies on paragraph 8 in which the Notice of Assignment had been sent to the Defendants last known address and not returned as undeliverable by the postal service.
25. In response to point 8, the Claimant relies on paragraphs 6 and 7, where the default notice was sent to the defendant.
26. In response to points 9,10, 11 and 12, the Defendant states that the Claimant did not respond to his requests or provide any documents. The Claimant refers back to paragraphs 17,20 and 21 in which the requests were responded to and documents were enclosed.
27. In response to point 13, the Claimant refers back to the above, where the Claimant has disclosed documents proving the debt is owed. The Defendant had also admitted liability for the outstanding debt in point 4 of his defence.
28. In response to final points of the Defendant's defence, the Claimant relies on paragraphs 17,20 and 21.
Conclusion
29. The Defendant entered into a credit card agreement and the Claimant has exhibited a reconstituted copy of the agreement and terms and conditions. The exhibited agreement and terms and conditions fulfils the Claimant's obligation under s78 Consumer Credit Act 1974.
30. The Defendant failed to maintain the contractual payments and Barclaycard issued a Default Notice pursuant to s87(1) Consumer Credit Act 1974. The Default Notice exhibited complies with s88(1) Consumer Credit Act 1974.
31. The exhibited Receivables Sale Agreement and Notice of Assignment comply with s136 Law and Property Act 1925 and evidence the absolute assignment of the debt.
32. The Claimant has sought to recover the debt from the Defendant; however, they have not paid the remainder of the balance, and I contend that there is a debt due and owing to the Claimant.
a witness statement and a huge approx 250 page bundle along arrived today. The WS is written as followed,
1. I am a Solicitor in the employ of PRA Group (UK) Limited and I am authorised to make this statement on its behalf and on behalf of the Claimant. The contents of this witness statement are true to the best of my knowledge, information and belief unless otherwise stated in which case I believe to be true. I have reviewed the files and papers held by PRA Group (UK) Limited and the Claimant. There is now produced and shown to me in exhibit "TL1" various copy documents to which I shall refer to by page number.
2. I make this Witness Statement in light of the upcoming hearing, taking place on 12th November 2025 at 10:00am.
Background
3. This claim relates to an outstanding debt owed under a Credit Card Agreement, regulated by the Consumer Credit Act 1974, reference number xxxxxxxxxxxxxxx, originally entered into by xxx xxx and Barclaycard on 2nd August 2015. I shall simply refer to the original creditor as "Barclaycard" throughout my Witness Statement. A copy of the reconstituted agreement is at pages 1-31.
4. In the matter of Carey v HSBC, "a creditor can satisfy its duty under s78 of the Consumer Credit Act 1974 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself." The agreement is therefore rendered enforceable and amount due under the same, is fully recoverable.
5. Upon entering into the credit card agreement, Barclaycard agreed to provide the Defendant with a credit facility to be utilised subject to the terms and conditions of the agreement. The Defendant used the credit facility provided and Barclaycard sent monthly credit card statements setting out the amounts used and the payments to be made. A copy of these statements can be found at pages 32-56.
6. On 14th September 2023, as a result of the continued non-payment of the debt accrued and Barclaycard sent to the Defendant a Default Notice. The Default Notice informed the Defendant that in order to remedy the breach of the agreement they were required to pay £963.77 by 15th October2023. It also stated that failure to remedy the default would result in the account being terminated and also "We may pass your debt to a third party debt purchaser who will ask you directly to repay the outstanding balance. We will tell you if we do this and will explain what this means for you (including any payment arrangements you have made)."
7. A copy of the Default Notice is at pages 57-64.
8. On 14 November 2023 the debt was assigned by Barclaycard to the Claimant. The outstanding balance was £9510.51. A copy of the Notice of Assignment was sent by Barclaycard and PRA Group (UK) Limited to the defendant on 21st November 2023 in compliance with s136(1) of the Law of Property Act 1925 and is at pages 64-70.
9. Section 136 of the LPA 1925 requires that a debtor be "given" notice rather than "served" notice so the provisions of S196 of the LPA 1925 for service by registered post do not apply. This was sent to the Defendant at his last known address of xxxxxxx.
10. The Notice of Assignment was not returned as undeliverable by the postal service.
11. The Receivables Sale Agreement between Barclays and PRA Group (UK) Limited (redacted to protect commercially sensitive information) is at pages 71-162
Second assignment
12. Following submission of the application to substitute Claimant from PRA Group (UK) Limited to PRA Group UK Portfolios Ltd ("The Claimant"). The Claimant sent an email to the Defendant on 17 January 2024 advising of the above. A copy of the email which was sent can be seen on pages 163-166 and a screenshot showing this email was sent can be seen on page 167.
13. The Asset Transfer Deed between PRA Group (UK) Limited and the Claimant, redacted to protect commercially sensitive information, can be seen on pages 168-196.
Pre Claim
14. Upon purchasing the account, the Claimant attempted to make contact with the defendant via phone calls to xxxxxc and emails to xxxxxxx. A screenshot showing the contact made can be seen at pages 197.
15. The Claimant would like to confirm that the telephone number we held to contact the defendant, was since confirmed by the defendant on his Direction Questionnaire. A copy of the defendant's Direction Questionnaire can be seen at pages 198-202.
The Claim
16. The defendant had made no effort to contact the Claimant or pay the sums owed. Given this, on 19th February 2024 a pre-litigation letter was issued. A copy of this is at pages 203-204.
17. Upon receiving the pre-litigation notification, the Defendant made contact with the Claimant, requesting the original agreement and statements. A copy of this letter can be seen at page 205 and a copy of the Claimants response can be seen at page 206-207.
18. The Defendant failed to get back in touch with the Claimant or pay the debt due. The Claimant therefore sent a Letter Before Claim to the Defendant at his last known address of xxxxxxx in accordance with Civil Procedures Rules Pre-Action Conduct. A copy of the Letter Before Claim is at pages 208-220.
19. The Defendant failed to respond or make any payment and consequently the Claimant issued this Claim under Number L7HB63T3 in the Civil National Business Centre (CNBC) on 22nd may 2025 for the sum of £10,065.51 The Defendant was served with claim form and response pack at his last known address of of xxxxxxx. A copy of the claims form is at pages 221-222.
Contact Post Claim
20. On 26th May 2024, the Defendant contacted the Claimant and made a Subject access Request. A copy of this request can be seen at pages 223-226. A response was sent via email on 21st June 2024 and a screenshot showing this can be seen at pages 227.
21. On 7th May 2025, the Claimant contacted the Defendant to try and come to an agreement to avoid further Court proceedings and also disclosed documents. A copy of the letter is at page 228. To avoid duplication, the documents that were enclosed can be found throughout this Witness Statement.
Defence
22. The defendant subsequently submitted a defence. I have seen a copy of this application.
23. In response to point 1-6, the Claimant asserts that the Particulars of Claim comply with Part 16 CPR and provide all key information, and the Defendant has clearly been able to identify the debt by produced a detailed and comprehensive Defence.
24. In response to point 7, the Claimant relies on paragraph 8 in which the Notice of Assignment had been sent to the Defendants last known address and not returned as undeliverable by the postal service.
25. In response to point 8, the Claimant relies on paragraphs 6 and 7, where the default notice was sent to the defendant.
26. In response to points 9,10, 11 and 12, the Defendant states that the Claimant did not respond to his requests or provide any documents. The Claimant refers back to paragraphs 17,20 and 21 in which the requests were responded to and documents were enclosed.
27. In response to point 13, the Claimant refers back to the above, where the Claimant has disclosed documents proving the debt is owed. The Defendant had also admitted liability for the outstanding debt in point 4 of his defence.
28. In response to final points of the Defendant's defence, the Claimant relies on paragraphs 17,20 and 21.
Conclusion
29. The Defendant entered into a credit card agreement and the Claimant has exhibited a reconstituted copy of the agreement and terms and conditions. The exhibited agreement and terms and conditions fulfils the Claimant's obligation under s78 Consumer Credit Act 1974.
30. The Defendant failed to maintain the contractual payments and Barclaycard issued a Default Notice pursuant to s87(1) Consumer Credit Act 1974. The Default Notice exhibited complies with s88(1) Consumer Credit Act 1974.
31. The exhibited Receivables Sale Agreement and Notice of Assignment comply with s136 Law and Property Act 1925 and evidence the absolute assignment of the debt.
32. The Claimant has sought to recover the debt from the Defendant; however, they have not paid the remainder of the balance, and I contend that there is a debt due and owing to the Claimant.
Comment