The start of default road

DD1A

sourcrates said:

Just just got unlucky with this one, court action is rare, per volume of debt, but does happen.

Looking back through this thread, did you not receive an LBA (letter before action) in the post before this?

I see you got an email, did you not get a letter with a 30day return window?

You will get a judgement now unless you can convince the court otherwise, the creditor appears to not have followed civil procedure rules in this case, have you followed fatbellys link to legal beagles?

Yes there was also a letter received.

i did find info on the legal beagles link

https://legalbeagles.info/library/guides_and_letters/

i am also very worried now as it’s been said this is rare and I’ve got unlucky.

I will review the documents requested regarding the account and see if they are legitimate as one member here said to clarify. If this is all in line then I guess I have no option to agree with all of the claim and ask for time to pay?

I was hoping to not get a CCJ but I’m guessing this is a done deal now or is it when the court has issued it once the case has concluded in their favour?

DD1A

Going through the CCA I have noticed a few things.

There is no contractual agreement start date specified anywhere.

I did request CCA with a sum in February 2024 and shortly after received correspondence on 06/03/2024 that they have requested info from Barclaycard, account has been put on hold and they returned my cheque as they do not charge for this.

On 21/03/2024 they responded with copy agreement documentation with the word ’BASE’ on the top right of each page for the account and also stated in the cover letter that ‘we have currently deemed this debt as unenforceable which means we are not able to take court action or further action against you to recover the outstanding debt’ and now it’s at the court…

On 28/03/2024 received another set of agreement documents with transaction statements from Dec 2022 (missing Feb 2023) to Nov 2023.

What else I noticed was the interest rates for standard and cash are different between the two issued agreements even though they are both titled to myself.
looks all a bit copy and print and send to me…

I can upload the agreement docs if it’s useful for you to see?

Is it worth me sending a CPR 31.14 / CPR18 request?

DD1A

sourcrates said:

If the debt has defaulted, and also sold, that`s when potential legal action becomes a real prospect, if you keep ignoring debt purchasing companies such as PRA, then its at your own risk.

We only advise ignoring original creditors, or companies acting as collectors, as the former nearly always sell or assign their bad debts, and the latter can`t take legal action as they are not the owners.

This information would have been useful to me back in February but it is what it is now.

I have another account defaulted a couple weeks after this one 11/23 with MBNA but nothing has come through to me yet regarding this account…

DD1A

stu12345_2 said:

no, the credit agreement and statements you asked for in your cca request, are they legit the correspondence you got back from the creditors,PRA

I got sent 2 sets of agreements as mentioned above, I detailed the differences.

sourcrates

DD1A said:

sourcrates said:

If the debt has defaulted, and also sold, that`s when potential legal action becomes a real prospect, if you keep ignoring debt purchasing companies such as PRA, then its at your own risk.

We only advise ignoring original creditors, or companies acting as collectors, as the former nearly always sell or assign their bad debts, and the latter can`t take legal action as they are not the owners.

This information would have been useful to me back in February but it is what it is now.

I have another account defaulted a couple weeks after this one 11/23 with MBNA but nothing has come through to me yet regarding this account…

Oh I see, well it would have been wise to respond to the LBA and made an arrangement at that point, we do make it clear that a written LBA should never be ignored, and also to never ignore debt purchasing companies once they have sent an LBA.

I do understand there is a plethora of information to digest, and sometimes points can be missed, but as you say, you are where you are now.

If you want to argue the validity of a credit agreement, you will need legal council, which will not be cheap, there will be a budget sheet to complete, any payment will be based on your disposable income, if the payment is set too high, it can be appealed and set lower.

DD1A

I have prepared a SAR for Barclaycard and a 31.14 for PRA which I’ll be sending today.

DD1A

After speaking to a solicitor that specialises in these cases they have said they can take engagement of the case and have a 90% chance of putting this to bed and written off.
Im then left with their fees for their representation they estimated it to be within £1500-£2500 case depending.

Is this a good option to consider signing myself up to more owings or could a positive result be achieved driving this case myself?

fatbelly

fatbelly said:

That is a claim form from the Bulk centre that commercial firms use.

The issue date is 22 May

Therefore service date is 27 May

You should acknowledge service by 10 June

And put your defence in by 24 June

It's explained on 

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

The court claim process has started so you must run with it

I posted this earlier and it's free support from people who do this day in, day out.

DD1A

fatbelly said:

fatbelly said:

That is a claim form from the Bulk centre that commercial firms use.

The issue date is 22 May

Therefore service date is 27 May

You should acknowledge service by 10 June

And put your defence in by 24 June

It's explained on 

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

The court claim process has started so you must run with it

I posted this earlier and it's free support from people who do this day in, day out.

Yes this is where I discovered the solicitor in question who I have speaking with but it sounds to good to be true. But a couple grand to a solicitor is alot better than £10k if what they say can be acheived.