PRA Group/Aktiv Capital - Broken Arrangement Letter

sourcrates

Bedsit_Bob wrote: »

Given the age of the agreement (pre-2007), aren't they required to have the original, signed agreement?

No, that's a bit of a mis-conseption Bob, the only difference between pre-April 2007 agreements, and later ones, is that the "prescribed terms" must accompany pre-April 2007 agreements, to be enforceable.

Dosent matter when your agreement dates from, a recon will suffice, you never had to produce the exact original piece of paper.

A lot of creditors don't fully realize these rules themselves, so what hope have we.

Burnt_Reynolds

It's the prescribed terms that they appear to having issues with.

Burnt_Reynolds

Ok so.....


They failed to provide a copy of the terms along with the signed agreement.


However, in the past week I have received a letter from their litigation department saying that they are preparing action against me via the CC system to enforce the debt. I am advised to treat their letter as a letter before claim. I have until the middle of September to respond.



Give that they failed to provide the correct information, what are my options here?

sourcrates

Burnt_Reynolds wrote: »

Ok so.....


They failed to provide a copy of the terms along with the signed agreement.


However, in the past week I have received a letter from their litigation department saying that they are preparing action against me via the CC system to enforce the debt. I am advised to treat their letter as a letter before claim. I have until the middle of September to respond.



Give that they failed to provide the correct information, what are my options here?

It’s difficult where credit agreements are concerned, ultimately only a court can rule one way or another.

You may want to ask on legal beagles about how to approach this.

Burnt_Reynolds

Thanks.


I'll start a thread over there.

Just_Di

Burnt_Reynolds wrote: »

They failed to provide a copy of the terms along with the signed agreement.

I've just read through your thread with particular interest since PRA took me to court last year and lost (PRA Group (UK) Ltd v Diana Mayhew). The Recorder (Judge) ruled that the "credit agreements" produced were irredeemably unenforceable and they were unable to prove title to the debt. In short they had assignment issues.

Does the name Experto Credite mean anything to you? Could this debt have been assigned to Varde in 2012 before it was assigned again to Aktiv Kapital? Experto Credite managed accounts for both debt purchasers although that wasn't always obvious to the debtor, perhaps on purpose.

It appears to be about two years since you sent your s 77-79 CCA Request so the (rhetorical) question is why have they taken so long to consider legal action if they're so sure of their stance.


If you've received a Letter Before Claim then I would tick Box D stating you dispute the debt.

Di

Just_Di

In post #1 you say this debt is around £12k which means if they do issue a claim it would be allocated to the Fast Track where disclosure of documentation is more thorough than disclosure in the Small Claims Court.

This means both sides must disclose everything in their possession even if it harms their own case. So that includes you.

I would be proactive and send a Subject Access Request to MBNA to see what information/data they hold on your account. A debt purchaser doesn’t necessarily have acces to that information depending on what conditions were included in the Deed of Assignment.

My point is a SAR response will enable you to cross check any documents PRA produce for ‘honesty and accuracy’.

And as importantly if any information isn’t on MBNA’s system then it probably didn’t happen (such as a Default Notice etc).

After you tick a Box D on the Letter Before Claim form ask for the Default Notice, Notice of Assignment and the Deed of Assignment. PRA will have to prove the whole assignment chain from MBNA to Aktiv Kapital to PRA.

Let’s hope there is no claim forthcoming, but there’s no harm in getting all your ducks in a row now in case they do issue one

Di