Hi, newbie here. Hope this is the right place to post.
So I`ve had an ongoing fight of sorts with PRA who bought my Barclays CC debt of just over 3k. I stupidly buried my head in the sand until I received the letter before action. I took some advice and requested the CCA (in part to buy buy myself some more time). This request was sent on the 1st July and they did not acknowledge or respond to this. (it took 3 months for anything to arrive)
In the meantime I received county court papers. I defended against this claim on the basis that my request had not been provided therefore legally they could not start a court case against me.
This was then `downgraded` to the small claims court which I again defended on the basis it should not be going to court and then a mediation appointment was booked. Unfortunately I had a family bereavement so this was postponed until this coming Thurs.
Last week a pile of paperwork arrived from PRA pertaining to be my credit agreement with Barclays. Can anyone advise everything that should be present in this as I am unsure?
The letter with it from PRA stated that they were awaiting further paperwork which would be sent onto me. This would indicate it is not complete.
It just feels like the PRA group have tried to bully and coerce me and to be honest all their harassment by way of constant calling for months etc has just fuelled my fight against them!
I`m nervous about the mediation, I cant make an offer and can only afford a small amount a month. But then if the CCA is not complete as I suspect what do I say to the mediator? Can I refuse to enter into any negotiation until I have everything?
Any advice is very very welcome.
Small claims court/ mediation advice please
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Small claims court/ mediation advice please
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Thank you for the warning. I'm feeling quite out of my depth now with it all. Was not given any choice re mediation. I did not fill anything in the papers received except my defence.
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Do not agree to mediation until you have worked through the options on LB. A number of people who are far wiser than me will assist. Be very careful !!
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Hi
Welcome to LB
Please read the article "When is a credit agreement unenforceable?" at lawzone.legal
If you can print the article. If you are unable to print make a list of the requirements for an enforceable agreement.
Then read through the document provided by PRA and tick off items on the list when you come across them
If there is anything missing make a separate note
Also read about what the debt collectors can't do, and again make notes of how they have breached the rules
Don't worry about mediation. You won't be asked to speak to PRA lawyers. Just be honest with the mediator about your financial position.
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SHORTCUTS
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Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
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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.
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