Requesting Settlement figure with PRA Group

1356

Comments

  • shaun196809
    shaun196809 Posts: 25 Forumite
    Hi,

    So I've had a response from PRA who are saying the debt is unenforceable until they seek further documentation.

    So is now the time to go and negotiate a 10% F and F? Did you call or write a letter?

    Many thanks.
    Twins wrote: »
    Hi Shaun, one of the letters came back within about 3 weeks and the second took a bit longer around 4 weeks. I think the longer they take indicates that they are finding it difficult to locate, just my thinking anyway. I'm still waiting on 2 other creditors to respond on the CCA request so fingers crossed they are unenforceable too!


    Hi,

    So I've had a response from PRA who are saying the debt is unenforceable until they seek further documentation.

    So is now the time to go and negotiate a 10% F and F? Did you call or write a letter?

    Many thanks.
  • fatbelly
    fatbelly Posts: 20,489 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Hi,

    So I've had a response from PRA who are saying the debt is unenforceable until they seek further documentation.

    So is now the time to go and negotiate a 10% F and F? Did you call or write a letter?

    Many thanks.

    I would say yes.

    Do it in writing.

    You could wait to see if they come up with a compliant agreement, and if they can't, walk away. But there's always a risk that they might find one.
  • January2015
    January2015 Posts: 2,369 Forumite
    First Anniversary First Post Combo Breaker
    Hi,

    So I've had a response from PRA who are saying the debt is unenforceable until they seek further documentation.

    So is now the time to go and negotiate a 10% F and F? Did you call or write a letter?

    Many thanks.

    If PRA don't accept your offer of 10% then just stop corresponding with them and stop all payments.

    We ignored them for a year before they eventually wrote to us and agreed they would accept 10%. We chose to accept their very {un}gracious offer :rotfl:
    DFW Nerd No. 1484 LBM 07/01/15 Debt was £95k :eek: Now debt free and happy :j
  • shaun196809
    shaun196809 Posts: 25 Forumite
    Had a response from Capital One and had it checked by someone who said that the credit agreement has "Missing PT's".

    The letter I received from Capital One did say my agreement was enforceable and that I had copy of my terms of my original agreement when I signed back in 2005.

    Whats my chance of getting them to agree on 10% stating that there are missing PT's?

    Thanks.
  • alianza
    alianza Posts: 28 Forumite
    Combo Breaker First Post First Anniversary
    missing PT sounds similar to my case where they did send something but it referred to other clauses that they did not send so basically incomplete and apparently unenforceable. When I told PRA it was in my expert's opinion unenforceable they passed it to their in house 'impartial' dispute department who surprise surprise said it was enforceable. I have since ignored all subsequent letters and will wait it out and see how seriously they believe it is enforceable.
  • fatbelly
    fatbelly Posts: 20,489 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Had a response from Capital One and had it checked by someone who said that the credit agreement has "Missing PT's".

    The letter I received from Capital One did say my agreement was enforceable and that I had copy of my terms of my original agreement when I signed back in 2005.

    Whats my chance of getting them to agree on 10% stating that there are missing PT's?

    Thanks.

    Prescribed terms are essential to a valid agreement. They ought to consider themselves lucky you are offering 10%
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Had a response from Capital One and had it checked by someone who said that the credit agreement has "Missing PT's".

    Whats my chance of getting them to agree on 10% stating that there are missing PT's?

    Thanks.

    Depends if they roll over or still insist its enforceable.

    If they stick to there guns, i doubt they'll settle at 10%, but if they roll over and admit defeat, then they may do.

    If they refuse your offer, that would be the point to walk away for me.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,489 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    I agree

    It could be very expensive for them to try a claim on an agreement that they had already admitted did not contain the prescribed terms.

    HFO tried it on an unenforceable Barclaycard agreement and it cost them 10k!

    http://www.bailii.org/ew/cases/Misc/2012/19.html
  • Jm90
    Jm90 Posts: 117 Forumite
    Hi there hope it's ok if I ask a question.

    Me and my husband each have various debts all of these have been sold on to places such as lowell. Do they still need to provide all of the relevant paper work?

    Also if it turns out that a debt is not enforceable but you then pay 10% would it still show as only partly settled. Many thanks.
  • fatbelly
    fatbelly Posts: 20,489 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Jm90 wrote: »
    Hi there hope it's ok if I ask a question.

    Me and my husband each have various debts all of these have been sold on to places such as lowell. Do they still need to provide all of the relevant paper work?

    Also if it turns out that a debt is not enforceable but you then pay 10% would it still show as only partly settled. Many thanks.

    Yes that's fine - the first 5 posts on this thread set out the principles
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