PRA for Barclaycard

[PlanB]

Ok thank you so much for your advice xx

You’re welcome as always

Di

[Colin G Quinn]

Hi,

I have received your email. It is always good to hear from a former client, although the circumstances could be better.

I've taken a look at the letter you have received.

It is not a formal Letter of Claim. I'd describe it as a 'letter of notification of intent to potentially issue a letter of claim'. Either way, I'm almost certain it is automatically generated by a system set up to generate periodic correspondence for an individual to 'click send'. Said individual will likely have no concept as to the validity of prospective proceedings or the likely negative outcome for their company.

At 36 I'd still like it to be the olden days, whereby a genuine letter of intent with a solicitor's signature on it, contained a wet ink signature, as opposed to this digitally created blasé form. However, this is the world we live in, whereby you will likely be one of at least hundreds who received the same or similar letter today.

My advice is not to respond. Responding now will likely only increase the chance of an actual human looking at the matter and 'rectifying' any issues.

Just file it away and keep AAD and myself updated.

You have my email address and direct line and it is nothing to be concerned about.

[Floridajen]

Brilliant as always.
thank you so much for info. I will file and await

[Floridajen]

Morning,
so I have received a follow up letter today.
This is with forms asking how I’m going to pay etc also with an expenditure form.
the agreement date is 08.05.2001 this was passed to PRA in August 2015.

Any advice on which part of the form I should tick ?

thank you

[The Tech Clerk]

Who sent form pra? If so, do not unless advised here

[Floridajen]

Yes the letter is from PRA

[Night Monkey]

Only courts can compel you to complete an I&E form, I'd just add this one to the collection & ignore.

[Warwick65]

Hi

I have had a quick look and it seems PRA themselves have said it is UE.

If this is the case and to make things difficult for them I would reply ticking box D 'I dispute the debt'- I would add that in a letter dated xxxxxx PRA informed me this was unenforceable.

In the box where you can ask for documents
Default Notice
Full statement of account
Notice of assignment
Deed of assignment
A copy of the agreement



The reason I say to reply is this- hopefully it will stop them issuing a claim BUT if they did, the whole purpose of the Pre Action Protocols is to minimise court time and if they did bring a claim which you successfully defended you could ask for costs with a 'but I told them they had said it was UE and yet they still took me to court sob sob, there was no need for all this time and expense, sob' Does that make sense?

[Warwick65]

Just want to double check that this is a letter of claim?

Just to add- now might be a good time to try and remember how you applied for it (do not post this on the open forum) . It might be that you did a quick application form while out shopping one day or you were mailed an application form and did not ever sign the real agreement with the terms and conditions . That sort of thing can make a huge difference if it does go to court . In that way you can tell a convincing narrative (I won't say story because that sounds like you made it up) about why you couldn't possibly have signed the agreement. If you read Di's Santander v Mayhew , she was sent an 'upgrade' the post and started using it which was why she had not signed the relevant agreement (she had signed a charge card agreement but not a general credit card one- if memory serves me).

https://www.bailii.org/ew/cases/Misc/2012/14.html

[Floridajen]

Crumbs I can’t even remember it was years ago !! ?

[The Tech Clerk]

PlanB

[Warwick65]

Crumbs I can’t even remember it was years ago !! ?

I do know what you mean, I can barely remember what I had for breakfast today let alone 20 years ago.

Well it is something to think about- I mean was it even a Barclaycard when you opened it- I have had cards that changed brands etc. I think my ex had a goldfish card that was bought by Barclaycard and they then rebranded the card. I had an Associates card which I believe was sold to citi who then sold it to Barclaycard- sadly I repaid it all but now I bet they would have no hope of finding the agreement.

When you look at the recon, it might be that the address they put on the recon isn't even where you were living in 2001- again my ex, when I sent a cca request sent a recon from the current address and not the marital home where we lived when the account was opened- so hardly a true copy.

Lots to think about but not to stress about.

I would reply to their letter of claim as above

[Night Monkey]

<deleted while I think about something>

[Floridajen]

Ok thank you

[Roger]

Ok thank you

Now would be a good time to send a SAR to Barclaycard because it will reveal exchanges between Barclaycard and PRA to date.

Don't know what the fuller background to this Debt but Mercers were in the frame prior to 2015.

Does Aktiv Kapital ring any bells or figure in your paperwork?
Personally I WOULDN'T mention anything about UE CCA and prior PRA Letters! Why show or reveal your HAND!

Kept everything terse and minimal!!!
Do NOT send any I&E details!