County Court Claim, Egg to Barclays to PRA

[To Be Advised]

Ok, here's where I'm at.

I had 2 Egg credit cards, which were taken over by Barclaycard.

I ran into difficulty paying a couple of years ago, and Barclaycard allowed reduced payments with no interest.

PRA group then sent a letter saying they had taken over, and to continue paying as normal, I declined to recognise PRA, and have not responded to anything.

The amount is around £5.5K on one account, and £10.5k on the other.

I received a letter 13/3/16 for each account saying the matter has been passed to litigation Dept, this letter had incorrect dates, one being the date that PRA took assignment, and the other stating when I made a written agreement with Barclays Bank PLC, any agreement was with Egg, not Barclays, so, rightly, or wrongly, I ignored this too.

30th March, and 2 new letters arrived advising the dates were incorrect, and new dates provided.

23rd April I receive a county court claim form from the CC Business Centre they have now applied £510 in costs.

What should I do now regarding the £10.5K case?

I am now following the steps outlined, and below are the details:

Issue Date: 21/04/16
Amount approx: £6,000
Claimant: PRA Group
Solicitor: Robert Marr (clients legal representative)
Original Creditor: Egg PLC
Particulars of Claim: Old credit card from 2000
Is the debt Statute Barred? No
List any letters you have sent: None
Any Other Info: No

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

I have sent letters requesting:
Agreement
Assignment
Particulars of default

These were sent to claimant, and their legal representative on 26 April

The claimants have replied they are in receipt of my correspondence, complete with an attached letter agreeing that the claim is unenforceable if I am not in receipt of the documents after 12 working days.

I have filed my defence online today:

1: I received the claim xxxxxxxx from the Northampton County Court
on 22/04/2016 and applied for an acknowledgement of service.


2: This claim appears to be for a Credit Card agreement regulated
under the Consumer Credit Act 1974.


3: On the 23/04/2016 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to xxxxxxxx the claimants legal representative. I
requested the Claimant provide copies of the Agreement,
Particulars of Default Notice and Notice of Assignment.


4. xxxxxxxx, the claimants legal representative has not sent
any of these documents to me.


5. On the 23/04/2016 I sent a formal request for a copy of the
original agreement to PRA Group (UK) Ltd, pursuant to section 78
of the Consumer Credit Act 1974 along with the statutory £1 fee.


6. The Claimant has failed to comply with s 78 (1) Consumer Credit
Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.


7: The Claimant has replied acknowledging that the claim is
unenforceable 12 working days preceeding 23/04/2016.

I hope this will do.

[nemesis45]

Re: County Court Claim, Egg to Barclays to PRA

Good morning, welcome to LB,

The £10K claim needs the same treatment as the other one CCA request and CPR 31.14 which will apply immediately to this claim as the amount is over£10K as will likely be allocated to the fast track a more formal court process than the small claims trac.

It will be interesting to see what the CCA request turn up here.

nem

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Thanks nem, I have had no further correspondence regarding the 10k claim, I will write the letter today, in reply to their pre action protocols.

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

nem, do I still send a CPR 31.14 as no court proceedings have started yet?

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Good morning, welcome to LB,

The £10K claim needs the same treatment as the other one CCA request and CPR 31.14 which will apply immediately to this claim as the amount is over£10K as will likely be allocated to the fast track a more formal court process than the small claims trac.

It will be interesting to see what the CCA request turn up here.

nem

nem, I cannot find a template for a letter for CPR 31.14 before court action, please advise.

I have sent the CCA letter today.

[nemesis45]

Re: County Court Claim, Egg to Barclays to PRA

nem, do I still send a CPR 31.14 as no court proceedings have started yet?

No just the CCA request.

nem

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

No just the CCA request.

nem

Many thanks, I'm straight in my head again

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

I have now received what looks like the electronic application data back from them, see attachment.

The interest rate is not shown, and the date is wrong by a few days, but the other information is correct, I have not received any T&C or assignment.

Are the documents acceptable for an electronic CCA?

[MIKE770]

Re: County Court Claim, Egg to Barclays to PRA

I have now received what looks like the electronic application data back from them, see attachment.

The interest rate is not shown, and the date is wrong by a few days, but the other information is correct, I have not received any T&C or assignment.

Are the documents acceptable for an electronic CCA?

Company record sheet only?????

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

I presume that the record sheet is not acceptable.

How do I respond now?

[nemesis45]

Re: County Court Claim, Egg to Barclays to PRA

I have now received what looks like the electronic application data back from them, see attachment.

The interest rate is not shown, and the date is wrong by a few days, but the other information is correct, I have not received any T&C or assignment.

Are the documents acceptable for an electronic CCA?

Quite simply if this is intended to be a reconstituted agreement it fails on the lack of terms and conditions, there should be EGG T's & C's with your name and address at it was when the account was opened +

the T's & C's (Barclays) relevant when the account was closed.

IMO you should reject this formally, e.g.

Robert Marr
Legal Representative
PRA

Date...........:

Ref: Use theirs:

Dear Mr Marr,

I refer to the document provided with your letter dated.........................: which you claim to be a "reconstituted " copy of the CCA 1974 regulated agreement from which the alleged debt arises.

I am sure that PRA is fully aware that this document does not satisfy my request made under the provision of sections 77/78 of CCA 1974 (as amended) and it is therefore rejected and the alleged debt remains unenforceable.

I suggest that you now refer to your client and advise them to discontinue/withdraw this claim in the interest of saving cost and court time.

Your prompt reply is required.

yours etc.

Use signed for post and send a copy direct to PRA.

nem

[nemesis45]

Re: County Court Claim, Egg to Barclays to PRA

Company record sheet only?????

Yes Mike, it's worthless!

nem

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Letters sent, thank you.

[To Be Advised]

Re: County Court Claim, Egg to Barclays to PRA

Good morning, welcome to LB,

The £10K claim needs the same treatment as the other one CCA request and CPR 31.14 which will apply immediately to this claim as the amount is over£10K as will likely be allocated to the fast track a more formal court process than the small claims trac.

It will be interesting to see what the CCA request turn up here.

nem

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