Brodies on behalf of PRA

freshstart2023

hi guys, I have received a letter from Brodie’s on behalf of PRA (barclaycard debt) stating ‘notice of court action consideration’. I did a CCA request to PRA in 2023 and I’m still waiting…just double checking this letter isn’t anything to worry about? Says court proceedings may be taken against me if I don’t pay by 10th March or contact their court team. Thank you

ManyWays

Have you ever been sent a Letter Before Action? The front page can have other titles, but it always includes an attachment headed Reply Form.
Until you get one of those, you can ignore this sort of letter.

Court proceeding MAY be taken against you, true. You MAY win lottery or May run a marathon, also true. But none of these events is likely to happen.

Rob5342

It's easy to write a letter with the word court in it and throw in a date to try and scare people. As MayWays says the letter before action is the only one you need take any notice of, and if you get one of those you can use the lack of CCA as a defence.

freshstart2023

thanks guys, appreciate the reassurance. No, I’ve never received a letter before action. PRA actually never contact me, they sent me a bunch of statements about 2 years after my CCA request (no actual CCA) and nothing since. Thankyou!

fatbelly

Did you stop paying in 2023 or at some other time?

I agree that this letter is nothing to worry about but there may come a time when they start the court process

RAS

Make sure you keep that statement and any letters from PRA, scan anything that mentions the fact that it's unenforceable and email yourself a copy.

Because some creditors panic when they find a debt is about to be statute barred, and will make a last attempt to get payment by sending a Letter before Action and hoping you don't respond.

freshstart2023

hi guys, can someone please help me with this. I have just had a sheriff officer at the door who has issued me with a form 05 court writ regarding this debt, I am terrified 😞 I didn’t receive anything that said letter before action and PRA didn’t provide a copy of the credit agreement. What do I do please I’m so worried

fatbelly

Are you in Scotland? England doesn't have Sheriffs and I have not heard of a form 05.

freshstart2023

yes I am in Scotland

freshstart2023

the form is titled FORM 05 then says ‘form of citation where time to pay direction or time order may be applied for’.

It gives me the option to complete Form 03 - this is if I admit to the claim and wish to apply for time to pay direction or time order

form 07 - if I wish to defend the action, it says I should consult a solicitor and lodge a notice of intention to defend and pay a court fee of £176.

I have 21 days

sourcrates

Not really geared up on Scottish law, very different to the rest of the UK.

All I can suggest is National Debtline (Scotland) may be of help to you.