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  • FIRST POST
    • jkw1
    • By jkw1 12th Oct 17, 11:53 AM
    • 2Posts
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    jkw1
    Debt Sold, Paid and now legal Letters
    • #1
    • 12th Oct 17, 11:53 AM
    Debt Sold, Paid and now legal Letters 12th Oct 17 at 11:53 AM
    Hi, a few years ago when i had some health problems, i took out a number of payday loans, payday uk, wonga, H and T and The money shop, possibly more and eventually defaulted on all after extending all for months.

    I found a way to pay all of them off in the end except somehow forgot about PaydayUK, possibly because of no letters / emails etc.

    In November last year I received a letter from Payday UK stating debt had been sold to the PRA Group, PRA group letter arrived day after confirming this. In december I received a letter from PRA offereing a reduced final settlement offer, which I decided to pay to get it all sorted. I did this over the phone and have bank statement to prove it (but not the letter offering it). I checked my credit file, it shows the debt being passed over to PRA and then 'Satisfied' the follwing month (PRA entry and Payday UK entry) with balance of previous amount owed, then balance of zero.

    Received a letter from BW Legal solicitors now claiming all the money and basically saying that i am lying with this payment and offer.

    Any suggestions?

    Thamks
Page 1
    • Voyager2002
    • By Voyager2002 12th Oct 17, 12:15 PM
    • 11,590 Posts
    • 7,847 Thanks
    Voyager2002
    • #2
    • 12th Oct 17, 12:15 PM
    • #2
    • 12th Oct 17, 12:15 PM
    You have the bank statement so you know the date of payment. Write back saying that you made a payment "in full and final settlement" and give the date, and ask them to check their records. Chances are that you won't hear any more from them.

    Do be sure to take a screen-shot of the credit report showing the debt as satisfied, and any other evidence that is now available to you: just in case it comes to court later.
  • National Debtline
    • #3
    • 12th Oct 17, 4:46 PM
    • #3
    • 12th Oct 17, 4:46 PM
    Hi jkw1 and welcome to MSE,


    If your credit file was updated to show the debt as settled (or partially settled) and a £0 balance then this is the evidence you can use to try and verify the fact that the payment was made in full and final settlement. The fact that there is no letter confirming the payment was made as a full and final settlement offer may weaken your argument, but you can only try. Get a copy of this and write back complaining the matter is already resolved. If they continue to pursue you then you could escalate it to the financial ombudsman service.


    However, please be aware that in the future, if you were to do settlements again, it is important to get the terms and conditions of the settlement agreed in writing. This makes it more binding and normally stops the creditor passing/ selling the debt on and trying to request the shortfall. Good luck,


    Laura
    @natdebtline
    Last edited by National Debtline; 12-10-2017 at 4:49 PM. Reason: extra sentence
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sourcrates
    • By sourcrates 13th Oct 17, 1:28 PM
    • 12,173 Posts
    • 11,635 Thanks
    sourcrates
    • #4
    • 13th Oct 17, 1:28 PM
    • #4
    • 13th Oct 17, 1:28 PM
    How much was the original debt for ?

    Its not uncommon for this to happen, that's why, as ND states above, its so important to get agreement of any payment deal, in writing first.

    Now BW Legal have been pretty active of late, chasing up old payday loan debts, i suspect they have bought up a portfolio of old accounts, and are now proceeding to wade there way through them.

    Do as advised above, threaten them with the FOS, as taking your complaint to them will see them charged there case fee of £550.00.

    Every one should pursue there complaints through the FOS if possible, just to hurt these companies where it hurts most, in there pockets.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • jkw1
    • By jkw1 17th Oct 17, 2:59 PM
    • 2 Posts
    • 0 Thanks
    jkw1
    • #5
    • 17th Oct 17, 2:59 PM
    • #5
    • 17th Oct 17, 2:59 PM
    Thanks for replies.

    The original debt was 530 after fees, interest etc after default, The full and final was for £114, BW saying that the bank statement 'proof' to PRA Group could be for 'any' debt not necessarily the one in question. Also unlike what ND says, they are not requsting the shortfall they are denying *any* payments received so want the full amount.

    Thanks,
    • StopIt
    • By StopIt 17th Oct 17, 3:11 PM
    • 1,068 Posts
    • 945 Thanks
    StopIt
    • #6
    • 17th Oct 17, 3:11 PM
    • #6
    • 17th Oct 17, 3:11 PM
    If you have no evidence of this, then your only real option is to send an SAR to PRA Group, as they should have the details.


    It costs £10 to do this, details linked below, and you'd get all references to this debt, including their internal records showing the account paid, who the original creditor was and date of payment.


    You can then take this detail to BW to get them to go away.


    https://ico.org.uk/for-the-public/personal-information/
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