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PRA Group Claim on behalf of Barclay Card Defaulted in 2006

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  • PRA Group Claim on behalf of Barclay Card Defaulted in 2006

    Received a claim? : Yes
    Issue Date: 29/04/2024
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1700
    Claimant’s Name: PRA Group UK Portfolios
    Solicitors Firm: PRA Group UK Limited
    Original Creditor: Barclaycard
    Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    The claimant claims the sum of £1700 for an outstanding debt owed. On **/11/2002 the Defendant entered into an agreement with Barclays Bank UK PLC for a credit card under reference ****. On **/03/2006 the defendant defaulted on the agreement with an outstanding balance of £6600. On 19/12/2019 the debt of £2400 was assigned to the PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on **/12/2023. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf.
    Payments of £800 were received up to **/03/2023 AND THE CLAIMANT CLAIMS 1. The sum of £1700 .

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Technically not - my wife had been unwittingly paying the debt on my behalf as part of a debt payment plan organised through a third party company.
    List any letters you have sent (eg: CCA/ CPR ): Sent CCA and CPR in May 24 in response to Court Claim.
    Any Other Information or Background Details:
    When was the account opened? **/11/2002

    Hi, I hope the above helps to explain the situation. The claim relates to a Barclays credit card in my name that I dispute ever taking out.
    Back in 2006 my wife and I separated. As various debts mounted up, my wife enlisted the help of a third party company to deal with the debtors and setup a payment plan. Fast forward to 2023 and my wife and I are back together and going through the old payment plan together we realised that one of the debts was originally for a Barclays credit card that I did not recognise, now being collected by the PRA Group.

    Payments were immediately ceased to the PRA Group and a "Prove It" letter sent to them. The Prove It Letter was ignored by them and they continued to send me payment requests.
    I then received the above Court Claim and sent PRA Group the CCA and CPR., along with the £1 postal order.

    They sent back the postal order with a letter informing that they did not charge for such requests - however, they didn't send any of the information that I asked for to enable me to defend the claim, namely:
    1. Credit Agreement,
    2. Default Notice,
    3. Notice of every assignment of the debt from Barclays to PRA Group (to prove that they did indeed own a valid debt)
    4. Proof that it was myself that made payments (i.e.not my wife).

    I then completed the Court Claim form to say that I disputed the claim.
    I have now received the Form N180 from the court and I am after some advice on how to proceed.

    Should I complete the N180 form or send back another reply?
    If I send back the N180, how should I answer question C1 "Do you agree that the small claims track is the appropriate track for this case?"

    Any other advice would be most appreciated.
    Many thanks!!
    Tags: None

  • #2
    https://legalbeagles.info/library/gu...uestionnaire//

    Comment


    • #3
      Many thanks, just literally found that page as you posted.

      I'm going to send a Subject Access Request to Barclaycard tomorrow.

      Is it normal for a company like the PRA Group to withhold evidence like credit agreements, default notices, etc from the defendant in order to surprise them just before the court hearing?

      Thanks.

      Comment


      • #4
        Companies do all sorts of strange things, but there maybe genuine reasons, incompetence, technology, innocent mistakes etc. Companies would want to deny failure on any of those fronts.

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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