PRA confirmed account unenforceable yet are taking me to court

[Freshstart24]

Good morning, would appreciate some advice please. Where do I stand if PRA have written to me multiple times confirming my account is unenforceable (following a CCA request) their correspondence states they cannot take me to court whilst my account is unenforceable and that they will inform me if the status changes. They have never informed me the status has changed (I raised a SAR and there is no correspondence stating this), yet they are taking me to court? Thankyou

[PallasAthena]

If they haven't issued formal court proceedings send them a copy of their previous correspondence and ask them what has changed.

[Freshstart24]

They have issued court proceedings…I guess my question is whether they were obligated to inform me if the account status had changed from unenforceable to enforceable? And if so whether this is covered by any legislation or FCA rules etc? Thanks

[echat11]

They have issued court proceedings…I guess my question is whether they were obligated to inform me if the account status had changed from unenforceable to enforceable? And if so whether this is covered by any legislation or FCA rules etc? Thanks

Fill in the following, copy and paste back to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

If the account is 'unenforceable' then they should tell you that is the case.
They've been telling you that is the case. But they've decided to lodge a claim against you.
What you need to do is decide if you want to Defend the claim. The thing is that the Court Claim needs to be dealt with.

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.
https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to the Claimant, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to the Creditors Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Update the thread as you get information through.

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form (plus 5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

[Freshstart24]

Thankyou for your reply, I did try and get advice on here before but this is a Scottish claim and I don't think there was anyone available who specialised in scots law.

Fill in the following, copy and paste back to this thread without personal details.

Received a claim? Yes
Issue Date: 5th June 2026
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £13,363.20
Claimant’s Name: PRA Group
Solicitors Firm: Brodies LLP
Original Creditor: Barclaycard
Original Debt: credit card
Particulars of Claim:
Is the debt Statute Barred - No
List any letters you have sent - CCA/SAR
Any Other Information or Background Details: The credit card debt was assigned to PRA November 2023, I made a CCA request to PRA January 2024. I received multiple letters from PRA confirming the debt was unenforceable, the letters stated that if the status of the account was to change, they would let me know (they never did). I received an envelope filled with statements in January 2025 from PRA, the cover note made reference to my CCA request and said please find enclosed documents as requested. I received a few further letters from PRA saying they 'may' pass to legal etc but nothing stating the debt was now enforceable. A sherriff officer then delivered a court writ to me on 5th June which gave me until 26th June to respond. I responded confirming I would be defending the claim, I advised that I had made a CCA request January 2024 and PRA and confirmed the debt to be unenforceable, I stated that I would raise a SAR with PRA to obtain a copy of this correspondence. I have now received the SAR and there is nothing from PRA stating the debt had become enforceable. Interesting Barclaycard did send PRA a reconstituted CCA back in February 2024 but this was never sent to me and PRA continue to write to me in August 2024 and October 2024 stating the debt remained enforceable. I wonder whether following receipt of the statements in January 2025 they started to treat the debt as enforceable, however, this was never communicated to me and I am unsure where I stand with this?

Thankyou

[echat11]

Thankyou for your reply, I did try and get advice on here before but this is a Scottish claim and I don't think there was anyone available who specialised in scots law.

Fill in the following, copy and paste back to this thread without personal details.

Received a claim? Yes
Issue Date: 5th June 2026
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £13,363.20
Claimant’s Name: PRA Group
Solicitors Firm: Brodies LLP
Original Creditor: Barclaycard
Original Debt: credit card
Particulars of Claim:
Is the debt Statute Barred - No
List any letters you have sent - CCA/SAR
Any Other Information or Background Details: The credit card debt was assigned to PRA November 2023, I made a CCA request to PRA January 2024. I received multiple letters from PRA confirming the debt was unenforceable, the letters stated that if the status of the account was to change, they would let me know (they never did). I received an envelope filled with statements in January 2025 from PRA, the cover note made reference to my CCA request and said please find enclosed documents as requested. I received a few further letters from PRA saying they 'may' pass to legal etc but nothing stating the debt was now enforceable. A sherriff officer then delivered a court writ to me on 5th June which gave me until 26th June to respond. I responded confirming I would be defending the claim, I advised that I had made a CCA request January 2024 and PRA and confirmed the debt to be unenforceable, I stated that I would raise a SAR with PRA to obtain a copy of this correspondence. I have now received the SAR and there is nothing from PRA stating the debt had become enforceable. Interesting Barclaycard did send PRA a reconstituted CCA back in February 2024 but this was never sent to me and PRA continue to write to me in August 2024 and October 2024 stating the debt remained enforceable. I wonder whether following receipt of the statements in January 2025 they started to treat the debt as enforceable, however, this was never communicated to me and I am unsure where I stand with this?

Thankyou

PRA clearly believe the account is now 'enforceable' as they've made a claim.

What you need to do is prove the account is 'unenforceable'.

When was the account opened?

Has a payment been made in the last 5 years?
Has the debt been acknowledged in writing in the last 5 years?

Just because they've sent you a 'reconstructed agreement' doesn't make the debt 'enforceable'.
Have you checked the 'agreement'? Is it compliant?
Have they sent a copy of the 'default notice'?
Have they sent a copy of the 'letter of assignment'?
Has the agreement been 'varied'?
Have they sent 'Terms and Conditions' for the 'variation' e.g. APR increasing etc

[Freshstart24]

Thanks for your reply, the account was opened on 15th February 2012
Last payment was 5th June 2023
The account defaulted 27th October 2023
The debt has not been acknowledged
They have not sent me a copy of the default notice
Barclaycard and PRA did send me a notice of assignment on 21st November 2023, these are included in my SAR
These documents have never been sent to me directly, however, they are included in my SAR between Barclaycard and PRA from 12th February 2024 - reconstituted CCA, short form cancellation, historic terms & conditions, varied terms and conditions

Im not quite sure how to check if these documents are compliant? The reconstituted CCA does have my name and address at the top but it doesn't even have a date, its just followed by what appears to be standard text. Could I upload a copy for someone to take a look at it for me please?

[Freshstart24]

This is the reconstituted CCA that was included in my SAR, again this has never been sent to me directly.

[echat11]

This is the reconstituted CCA that was included in my SAR, again this has never been sent to me directly.

Firstly it's 'illegible', difficult to read. They should provide a clear version.

It's looks 'generic' I can't find reference to the year that those Terms and Conditions apply to, it could be 2009, 2012 etc.
Normally there would be a reference no. i.e. BAR 07/2010 etc. This is normally found at the bottom of the pages.

Some of the prescribed terms are missing i.e. credit limit etc.

[Freshstart24]

Thankyou for your reply and for taking the time to have a look, I really appreciate the help. There are no dates or reference numbers. The agreement was taken out in 2012 and I moved home in 2015. The first agreement they have sent me is 7 pages in total and has my old address at the top. The second agreement has my new address at the top but again there are no dates so I don't know when these were issued, are these called varied terms?

I only have these documents from my SAR, PRA have not yet sent them to me directly. Do you think I should wait to see what they produce? Also do you know whether they should have informed me that the account status had changed to enforceable and whether this holds any weight at all or whether its irrelevant at this stage? Thanks again.

[Freshstart24]

I also note that the original agreement was with Barclays Bank PLC and the second is with Barclays Bank UK PLC, do you know why this may have changed?