Full and final settlement help thread

Cash_Waster

Hi all

So i sent my CCA’s to PRA group. They all came back with wait for the evidence.

 I have just heard back from PRA group with some documents from barclaycard. They list them as 

short form cancellation
historic terms and conditions
varied terms and conditions. 

The letter from barclaycard says “the creditor shall give the debtor a copy of the executed agreement and a statement of the account”.

but there second paragraph says

”i enclose a reconstituted copy of your agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the act. This is a statement of the terms of your argument with us and incorporates any variations to the terms made since you entered into your agreement. However, the interest rates, fees and charges set out in the agreement, may differ to those we have discussed with you, due to the current status of your account”.

can anybody shed any light on whether this is correct evidence? Is there anybody out there that can scan over what they have sent?

thanks people

sourcrates

Re-constituted copies are perfectly acceptable, as long as your details are correct, the financial details are correct, and the copy is a legible copy.

3Commando

Please forgive my ignorance, but my wife is in a DMP with stepchange.   She went into this plan almost 3 years ago. She never missed a payment to her original creditors (MBNA, BARCLAYCARD and HALIFAX) nor now in her DMP (wi question her decision here , but, anyway…). So, after scouring these forums we sent PRA Group  (who now own her main debt - Barclaycard, and a minor debt with MBNA)a CCA request.  We haven’t heard back re the MBNA yet but in ref to the BCard they’ve responded with :
“we are awaiting further documents to complete your request. We have currently deemed this debt as unenforceable (contd)”. 

Now I understand the general status/concept of this but I’m asking as to the best course of action with regard to this debt and her DMP.  She pays a fair amount every month, which in general I end up subsidising… 
Should we look at a F&F or reduce the DMP, amend the DMP, or? I’m going to settle her Halifax debt outright as they never defaulted that one. 

Any advice would be welcome. 

sourcrates

3Commando said:

Please forgive my ignorance, but my wife is in a DMP with stepchange.   She went into this plan almost 3 years ago. She never missed a payment to her original creditors (MBNA, BARCLAYCARD and HALIFAX) nor now in her DMP (wi question her decision here , but, anyway…). So, after scouring these forums we sent PRA Group  (who now own her main debt - Barclaycard, and a minor debt with MBNA)a CCA request.  We haven’t heard back re the MBNA yet but in ref to the BCard they’ve responded with :
“we are awaiting further documents to complete your request. We have currently deemed this debt as unenforceable (contd)”. 

Now I understand the general status/concept of this but I’m asking as to the best course of action with regard to this debt and her DMP.  She pays a fair amount every month, which in general I end up subsidising… 
Should we look at a F&F or reduce the DMP, amend the DMP, or? I’m going to settle her Halifax debt outright as they never defaulted that one. 

Any advice would be welcome. 

Its only unenforceable until they send you what they are supposed too, at which point it becomes enforceable again, assuming they can and do send compliant documents.

3Commando

sourcrates said:

3Commando said:

Please forgive my ignorance, but my wife is in a DMP with stepchange.   She went into this plan almost 3 years ago. She never missed a payment to her original creditors (MBNA, BARCLAYCARD and HALIFAX) nor now in her DMP (wi question her decision here , but, anyway…). So, after scouring these forums we sent PRA Group  (who now own her main debt - Barclaycard, and a minor debt with MBNA)a CCA request.  We haven’t heard back re the MBNA yet but in ref to the BCard they’ve responded with :
“we are awaiting further documents to complete your request. We have currently deemed this debt as unenforceable (contd)”. 

Now I understand the general status/concept of this but I’m asking as to the best course of action with regard to this debt and her DMP.  She pays a fair amount every month, which in general I end up subsidising… 
Should we look at a F&F or reduce the DMP, amend the DMP, or? I’m going to settle her Halifax debt outright as they never defaulted that one. 

Any advice would be welcome. 

Its only unenforceable until they send you what they are supposed too, at which point it becomes enforceable again, assuming they can and do send compliant documents.

Thanks. 

So, she’s due to fill in another assessment and our bills have taken quite a sharp rise. I’m wondering if she should continue paying her DMP albeit at a lower level - including the non-enforceable debt, or perhaps try and get a lower full and final settlement accepted by them…. 

I’m just wondering if it would be feasible to lower the DMP -due to this information or not. I suppose I’m asking if (at this moment) it makes a material difference to our options  

fatbelly

3Commando said:

Please forgive my ignorance, but my wife is in a DMP with stepchange.   She went into this plan almost 3 years ago. She never missed a payment to her original creditors (MBNA, BARCLAYCARD and HALIFAX) nor now in her DMP (wi question her decision here , but, anyway…). So, after scouring these forums we sent PRA Group  (who now own her main debt - Barclaycard, and a minor debt with MBNA)a CCA request.  We haven’t heard back re the MBNA yet but in ref to the BCard they’ve responded with :
“we are awaiting further documents to complete your request. We have currently deemed this debt as unenforceable (contd)”. 

Now I understand the general status/concept of this but I’m asking as to the best course of action with regard to this debt and her DMP.  She pays a fair amount every month, which in general I end up subsidising… 
Should we look at a F&F or reduce the DMP, amend the DMP, or? I’m going to settle her Halifax debt outright as they never defaulted that one. 

Any advice would be welcome. 

If you're going to throw money at this you could try F&F on all of them. Halifax would probably entertain the idea, though it may wake them up to the fact that it's not been defaulted and should have been. 

The dmp sounds like it needs a review at least if you are ending up subsidising her payments when they are not joint debts.

Cash_Waster

sourcrates said:

Re-constituted copies are perfectly acceptable, as long as your details are correct, the financial details are correct, and the copy is a legible copy.

Thanks for that. Thats what I don’t understand what is actually acceptable? I think i might wait for the other 2 to come back and i wonder if anybody can look over them.

thanks for the help

sourcrates

Cash_Waster said:

sourcrates said:

Re-constituted copies are perfectly acceptable, as long as your details are correct, the financial details are correct, and the copy is a legible copy.

Thanks for that. Thats what I don’t understand what is actually acceptable? I think i might wait for the other 2 to come back and i wonder if anybody can look over them.

thanks for the help

National Debtline have a factsheet on this topic, it can be found here -

Fact Sheet - Credit agreements | Getting information | National Debtline | National Debtline

fatbelly

The official guidance is pretty easy to read


https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter

DFW_ASAP

Hi guys 

I requested a CCA from PRA group and received by email (as per my request) a file that appears to show a copy of credit card statements from a a handful of random months between 2018 and 2019. 

It has on there my name, address, card number and then the statements. Along the top of each page is 2 rows of the words 'COPY STATEMENT COPY STATEMENT' COPY STATEMENT' etc repeated for 2 lines.

Is this acceptable as a CCA or does it show that they don't have it. There are no terms and conditions, no contract, no signature.

@sourcrates @fatbelly