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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!!
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!!
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