County Court Claim, Egg to Barclays to PRA

[nemesis45]

Re: County Court Claim, Egg to Barclays to PRA

OK, some movement on the 10K claim.

They have sent a balance transfer request for Morgan Stanley Dean Witter from January 2001 that was a transfer from another.

Interestingly with a different credit limit, and interest rate.

So this may be somewhere in the chain, of course I have long since forgotten what cards I have had.

I intend to reply thanking them for the document, although it appears unrelated, please send all the documents requested in my letter of .....

Will this be sufficient?

TBA

If they don't produce the agreement or a compliant reconstituted one the claim fails.

If the card is one that had been transferred by the original creditor to another card provider they will have to have the origin creditors agreement / terms and conditions and the
new card providers agreement and T's & C's Also they must show your name and address as it was when the account was opened and the address when the account was closed.
There as said above also have the original creditors details when the account was opened.

nem

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Thanks nem, letter sent.

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

If they don't produce the agreement or a compliant reconstituted one the claim fails.

If the card is one that had been transferred by the original creditor to another card provider they will have to have the origin creditors agreement / terms and conditions and the
new card providers agreement and T's & C's Also they must show your name and address as it was when the account was opened and the address when the account was closed.
There as said above also have the original creditors details when the account was opened.

The 10k claim has now been filed with the courts.

I am now filing my acknowledgement of service to defend the claim.

The full T&C with application form they have sent appears to be number 2 in a chain of at least 4 providers with no proof of assignment.

How best to word my defence?

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

I have formulated a defence, and would like it checking before I send it in.

To recap the situation:

I am posting the CCA they have sent, and my proposed defence.

TBA

Sorry about the first attachment being so small, I have tried to enlarge it, but it kept returning the same sized page.

Ctrl and + held together should enlarge the view, then ctrl and - to revert back.

[Amethyst]

Re: County Court Claim, Egg to Barclays to PRA

What were the particulars of claim for this claim ?

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Particulars:

The claimant claims the sum of 11417 for debt and interest.
On 20/01/01 the defendant entered into an agreement with Barclays Bank PLC for a credit card under reference xxxx xxxx xxxx xxxx
On 27/05/15 the defendant defaulted on the agreement with an outstanding balance of 10610
On 17/08/15 the debt of 10610 was assigned to PRA group (UK) Ltd.
Notices of the assignment were sent to the defendant in accordance with S136 Law of Property Act 1925

The claimant claims the sum plus statutory interest etc.

[Amethyst]

Re: County Court Claim, Egg to Barclays to PRA

Okay so the date is probably right, form completed 7/01/01 and rec'd by MSDW 11/01/01. So it is likely to be the right CCA for the account they are claiming on.

So at that time MSDW wasn't Barclays so they were wrong there, however that's not fatal at POC stage as in essence Barclays own MSDW so same diff really. They will need to correct later though.

They have suplied a copy agreement but there are issues with it.

They haven't provided the terms as varied ( ie when it changed to Barclays etc )

There aren't the full terms so the agreement is incomplete - in the section on the left of 2nd page - there will be some references to paragraph's which you haven't got copies of as they were in a separate leaflet. Can you read it better than I can on the scanned copy on here?

Is the address on the CCA correct (ie your address)

No DN, No NoA - how the sum claimed has been calculated.

[pt2537]

Re: County Court Claim, Egg to Barclays to PRA

Okay so the date is probably right, form completed 7/01/01 and rec'd by MSDW 11/01/01. So it is likely to be the right CCA for the account they are claiming on.

So at that time MSDW wasn't Barclays so they were wrong there, however that's not fatal at POC stage as in essence Barclays own MSDW so same diff really. They will need to correct later though.

They have suplied a copy agreement but there are issues with it.

They haven't provided the terms as varied ( ie when it changed to Barclays etc )

There aren't the full terms so the agreement is incomplete - in the section on the left of 2nd page - there will be some references to paragraph's which you haven't got copies of as they were in a separate leaflet. Can you read it better than I can on the scanned copy on here?

Is the address on the CCA correct (ie your address)

No DN, No NoA - how the sum claimed has been calculated.

Just having a read thorough the thread now

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

There are particulars on how the sum was calculated, I have included a scan for good measure, and split the CCA into 2, hopefully more readable parts.

TBA

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Okay so the date is probably right, form completed 7/01/01 and rec'd by MSDW 11/01/01. So it is likely to be the right CCA for the account they are claiming on.

So at that time MSDW wasn't Barclays so they were wrong there, however that's not fatal at POC stage as in essence Barclays own MSDW so same diff really. They will need to correct later though.

They have suplied a copy agreement but there are issues with it.

They haven't provided the terms as varied ( ie when it changed to Barclays etc )

There aren't the full terms so the agreement is incomplete - in the section on the left of 2nd page - there will be some references to paragraph's which you haven't got copies of as they were in a separate leaflet. Can you read it better than I can on the scanned copy on here?

Is the address on the CCA correct (ie your address)

No DN, No NoA - how the sum claimed has been calculated.

Yes, the paragraph relating to the terms reads:

Paragraphs 2 to 4.1 below are some of the conditions contained in the Morgan Stanley Dean Witter Card conditions. The definitions and terms referred to are set out in full in your copy of the Morgan Stanley Dean Witter Card conditions.

It seems strange that this agreement appears to relate to a £5000 transfer from Bank One Visa, is this relevant?

TBA

[pt2537]

Re: County Court Claim, Egg to Barclays to PRA

Yes, the paragraph relating to the terms reads:

Paragraphs 2 to 4.1 below are some of the conditions contained in the Morgan Stanley Dean Witter Card conditions. The definitions and terms referred to are set out in full in your copy of the Morgan Stanley Dean Witter Card conditions.

It seems strange that this agreement appears to relate to a £5000 transfer from Bank One Visa, is this relevant?

TBA

Im struggling to understand where MSDW come into this?

- - - Updated - - -

ignore my last message, clearly the application was a MSDW one,

[pt2537]

Re: County Court Claim, Egg to Barclays to PRA

Ok in the first post it referred to two agreements with Egg, can i please confirm that these "Egg" agreements are not part of these proceedings?

Secondly, can i ask if the application form for MSDW is your application, that you had an MSDW card, and that this is the card product the Claimant seems to be claiming for?

Im just trying to be clear on the facts.

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Ok in the first post it referred to two agreements with Egg, can i please confirm that these "Egg" agreements are not part of these proceedings?

Secondly, can i ask if the application form for MSDW is your application, that you had an MSDW card, and that this is the card product the Claimant seems to be claiming for?

Im just trying to be clear on the facts.

Although I have completely forgotten, it appears that MSDW is part of this case, this was my application.

Egg is definitely in the chain, working backwards, PRA from Barclaycard, from Egg, from unknown, probably MSDW.

There may be other providers in the chain, I really don't remember, and switching was very popular back then.

Thanks,

TBA

[pt2537]

Re: County Court Claim, Egg to Barclays to PRA

Although I have completely forgotten, it appears that MSDW is part of this case, this was my application.

Egg is definitely in the chain, working backwards, PRA from Barclaycard, from Egg, from unknown, probably MSDW.

There may be other providers in the chain, I really don't remember, and switching was very popular back then.

Thanks,

TBA

Ok so are there two claims? or one claim? and Egg cannot surely feature if the original agreement was with MSDW? Egg were purchased by Barclays, but that was the Egg loan and credit card portfolio, im not sure how you would have gone from MSDW to Egg, and the particulars of claim you posted anyway make no mention of egg.

[Amethyst]

Re: County Court Claim, Egg to Barclays to PRA

There's two claims.

One is the EGG claim.

This one is the MSDW claim.

(both claims just say Barclays, presumably as Barclays owns Egg and MS(DW))

The MSDW claim application form - incomplete as it refers to terms they haven't provided. - but does appear to be the correct agreement to the claim.

the Bank One Visa transfer isn't really relevant - just when you applied for MSDW card you asked to transfer your balance from Bank One onto your MSDW card.