PRA Group/Aktiv Capital - Broken Arrangement Letter

sourcrates

Burnt_Reynolds wrote: »

It was a CC with MBNA and it was taken out in 2004. I have never done a CCA request and I'm not familiar with the process or possible outcomes. Can you elaborate please if possible?

Even better its from 2004, they must supply all the "prescribed terms" of the account as well.

Its a request for a copy of your original agreement, without such paperwork, or evidence it existed, PRA group cant obtain judgement against you in court, should they choose to go down that route.

You have the right, under the terms of the consumer credit act, to request a copy agreement at any time whilst a balance is still outstanding on the account.

You cannot be penalized for making such a request.

The law surrounding credit agreements is complex, and no two lenders interpret the same information in the same way.

In a nutshell, if a creditor cant supply said agreement, or a reconstituted copy of it, then all legal means of enforcing the account are taken away from them, this also applies once your request has been made, up until they respond correctly to you.

A template letter is available here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx#

More information on the process here :

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

Make sure to include the mandatory fee of £1 payable by postal order or cheque.
The quoted time scales are just guidelines, expect them to take up to two months to comply, as they have to go back to the original creditor for the required information.

Burnt_Reynolds

sourcrates wrote: »

Its a request for a copy of your original agreement, without such paperwork, or evidence it existed, PRA group cant obtain judgement against you in court, should they choose to go down that route.

You have the right, under the terms of the consumer credit act, to request a copy agreement at any time whilst a balance is still outstanding on the account.

You cannot be penalized for making such a request.

The law surrounding credit agreements is complex, and no two lenders interpret the same information in the same way.

In a nutshell, if a creditor cant supply said agreement, or a reconstituted copy of it, then all legal means of enforcing the account are taken away from them, this also applies once your request has been made, up until they respond correctly to you.

A template letter is available here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx#

More information on the process here :

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

Make sure to include the mandatory fee of £1 payable by postal order or cheque.
The quoted time scales are just guidelines, expect them to take up to two months to comply, as they have to go back to the original creditor for the required information.

Thanks. I'll take a look at that.

Burnt_Reynolds

sourcrates wrote: »

Even better its from 2004, they must supply all the "prescribed terms" of the account as well.

Its a request for a copy of your original agreement, without such paperwork, or evidence it existed, PRA group cant obtain judgement against you in court, should they choose to go down that route.

You have the right, under the terms of the consumer credit act, to request a copy agreement at any time whilst a balance is still outstanding on the account.

You cannot be penalized for making such a request.

The law surrounding credit agreements is complex, and no two lenders interpret the same information in the same way.

In a nutshell, if a creditor cant supply said agreement, or a reconstituted copy of it, then all legal means of enforcing the account are taken away from them, this also applies once your request has been made, up until they respond correctly to you.

A template letter is available here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx#

More information on the process here :

https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx

Make sure to include the mandatory fee of £1 payable by postal order or cheque.
The quoted time scales are just guidelines, expect them to take up to two months to comply, as they have to go back to the original creditor for the required information.

Ok, so I can request a copy of the original CCA from them and they have a set period of time to find this and provide me with a copy. If they do produce a copy is there anything to prevent them taking a CCJ against me and making me pay back the full debt? This debt has been paid monthly without issue and I'm more than happy to continue doing so but I'm worried about them sticking a CCJ on my account when the default drops off.

sourcrates

Making a CCA request will have no bearing on weather the creditor decides to take legal action or not, and you can continue paying as normal.

It's only if they can't supply it that things may get ....... interesting let's say.

Burnt_Reynolds

sourcrates wrote: »

Making a CCA request will have no bearing on weather the creditor decides to take legal action or not, and you can continue paying as normal.

It's only if they can't supply it that things may get ....... interesting let's say.

But they could choose to take out a CCJ against me at some point for a debt I pay back every month and have done for the past 5 years?

sourcrates

Burnt_Reynolds wrote: »

But they could choose to take out a CCJ against me at some point for a debt I pay back every month and have done for the past 5 years?

Unlikely if your paying it, you have to weigh up what benefit taking legal action would bring them, if your paying all you can afford now, a court would not expect you to pay any more.

Also there is due process to follow, you can't just take out a CCJ, you will have the option of a defence.

Burnt_Reynolds

sourcrates wrote: »

Unlikely if your paying it, you have to weigh up what benefit taking legal action would bring them, if your paying all you can afford now, a court would not expect you to pay any more.

Also there is due process to follow, you can't just take out a CCJ, you will have the option of a defence.

So bascially as you've suggested in one of your first responses to this thread, they're probably trying to wring more cash out of me per month. I'll write back as suggested disputing their recent letter.

poppasmurf_bewdley

Basically, what you have to weigh up is:

Is it worth the possibility (faint I think) of getting a CCJ against you for the (better) chance of asking for a CCA and if they are unable to produce the required information, getting away with not having to pay another penny on the debt.

You have to make the decision.

Burnt_Reynolds

poppasmurf_bewdley wrote: »

Basically, what you have to weigh up is:

Is it worth the possibility (faint I think) of getting a CCJ against you for the (better) chance of asking for a CCA and if they are unable to produce the required information, getting away with not having to pay another penny on the debt.

You have to make the decision.

Am I better though disputing their recent letter first and then asking for the CCA or asking for the CCA first?

sourcrates

Burnt_Reynolds wrote: »

Am I better though disputing their recent letter first and then asking for the CCA or asking for the CCA first?

No,

Ignore there attempts to contact you and go straight for the CCA.