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versace1888

Hi,

Looking for some URGENT advise please if anyone can help. I will cut a very long story short.

Basically my husband is due in court tomorrow for the 3rd time against PRA group who have purchased an old debt from MBNA. We fell into financial difficulties a while back and the last payment made to the account was in 2012. PRA have purchased the debt and been harassing my husband since.

We have been to court twice and both time my husband argued that the debt was extinguished. The first time they asked for extra time to investigate. The second time they stated that the debt was enforceable by england as thats where mbna were based. We argued that we were protected by scottish law. Again, they asked for extra time and the judge basically asked them to prove that the agreement was under english law.

since then, my husband has spoken with mbna over the phone who has confirmed that is is governed by the country you live in, which would mean the debt is extinguished as we live in scotland. outwith this, mbna changed the terms of the credit agreement 8 times and never sent any updated terms to my husband, which they have told him by law they need to do.

We contacted pra's solicitor last week advising that we have confirmation from mbna that the agreement was subject to scottish law and he has contacted my husband saying he will be penalised in court tomorrow because he hasnt supplied this information 14 days before the court session. is this true? we are clearly not legal professionals so we are at a loss as to wether this may be scare tactics or not?

We are now due in court tomorrow morning, and pra solicitor has contacted us saying it's in both our best interests to cancel court tomorrow and give them 56 days so they can liaise with mbna and giving pra time to investigate further or build their case, whatever way you want to look at it.

my husband advised the solicitor he would need to consider it and would get back to him. since then the solicitor has actually phoned my husbands work - which he has no right to do to ask him how he's proceeding tomorrow.

can anyone offer some advise please as to wether you think we should go to court tomorrow? what do we do? help!

do you think it sounds like they are panicking?

thanks.

sourcrates

versace1888 wrote: »

Hi,

Looking for some URGENT advise please if anyone can help. I will cut a very long story short.

Basically my husband is due in court tomorrow for the 3rd time against PRA group who have purchased an old debt from MBNA. We fell into financial difficulties a while back and the last payment made to the account was in 2012. PRA have purchased the debt and been harassing my husband since.

We have been to court twice and both time my husband argued that the debt was extinguished. The first time they asked for extra time to investigate. The second time they stated that the debt was enforceable by england as thats where mbna were based. We argued that we were protected by scottish law. Again, they asked for extra time and the judge basically asked them to prove that the agreement was under english law.

since then, my husband has spoken with mbna over the phone who has confirmed that is is governed by the country you live in, which would mean the debt is extinguished as we live in scotland. outwith this, mbna changed the terms of the credit agreement 8 times and never sent any updated terms to my husband, which they have told him by law they need to do.

We contacted pra's solicitor last week advising that we have confirmation from mbna that the agreement was subject to scottish law and he has contacted my husband saying he will be penalised in court tomorrow because he hasnt supplied this information 14 days before the court session. is this true? we are clearly not legal professionals so we are at a loss as to wether this may be scare tactics or not?

We are now due in court tomorrow morning, and pra solicitor has contacted us saying it's in both our best interests to cancel court tomorrow and give them 56 days so they can liaise with mbna and giving pra time to investigate further or build their case, whatever way you want to look at it.

my husband advised the solicitor he would need to consider it and would get back to him. since then the solicitor has actually phoned my husbands work - which he has no right to do to ask him how he's proceeding tomorrow.

can anyone offer some advise please as to wether you think we should go to court tomorrow? what do we do? help!

do you think it sounds like they are panicking?

thanks.

Stepchange advisors will not be back on line until you are in court unfortunately.

fatbelly

versace1888 wrote: »

Hi,

Looking for some URGENT advise please if anyone can help. I will cut a very long story short.

Basically my husband is due in court tomorrow for the 3rd time against PRA group who have purchased an old debt from MBNA. We fell into financial difficulties a while back and the last payment made to the account was in 2012. PRA have purchased the debt and been harassing my husband since.

We have been to court twice and both time my husband argued that the debt was extinguished. The first time they asked for extra time to investigate. The second time they stated that the debt was enforceable by england as thats where mbna were based. We argued that we were protected by scottish law. Again, they asked for extra time and the judge basically asked them to prove that the agreement was under english law.

since then, my husband has spoken with mbna over the phone who has confirmed that is is governed by the country you live in, which would mean the debt is extinguished as we live in scotland. outwith this, mbna changed the terms of the credit agreement 8 times and never sent any updated terms to my husband, which they have told him by law they need to do.

We contacted pra's solicitor last week advising that we have confirmation from mbna that the agreement was subject to scottish law and he has contacted my husband saying he will be penalised in court tomorrow because he hasnt supplied this information 14 days before the court session. is this true? we are clearly not legal professionals so we are at a loss as to wether this may be scare tactics or not?

We are now due in court tomorrow morning, and pra solicitor has contacted us saying it's in both our best interests to cancel court tomorrow and give them 56 days so they can liaise with mbna and giving pra time to investigate further or build their case, whatever way you want to look at it.

my husband advised the solicitor he would need to consider it and would get back to him. since then the solicitor has actually phoned my husbands work - which he has no right to do to ask him how he's proceeding tomorrow.

can anyone offer some advise please as to wether you think we should go to court tomorrow? what do we do? help!

do you think it sounds like they are panicking?

thanks.

Yes. You go to court. Whether or not the hearing is adjourned is a matter for the judge and you can hear from him (her?) direct how they intend to play this.

My understanding is that if you live in Scotland you are subject to that jurisdiction.

http://www.govanlc.com/suedinengland.htm

slainte73

Good morning

A good friend of mine is currently strugling with a Barclaycard debt of £10k, she is currently out of work and has moved in with her retired aunt to save costs on other expenses, the though of this debt is making her unwell and she is scared of what Barclayvcard might do to retrieve the debt, she has no other assets.
She has 2 young children both going to school. The monthly payments from Barcaycard are iro of £800 as she asked for a 3 month break in June ( maybe not the best idea )
It is the interest that is killing the payments at the moment, I have made her an offer help monthly and we have worked out we can pay £400 / month would there be any way of approaching BC aslking them to freeze the interest payments.

Thanks in Advance

Former_StepChange_Patience

Hi there

I’m sorry to hear what you and your husband are going through with this debt; I can imagine how stressful it must be.

As Fatbelly mentioned, it would be important for you to attend the hearing either way and hopefully by now you’ll have your answer or a resolution to this.

If you live in Scotland, you’d be subject to the Prescription and limitation act (1973).

This is not the same as the debt becoming statute barred in which the debt still exists but cannot be legally enforced.

Once the ’prescription period’ has expired then the debt technically no longer exists and creditors should cease any attempts to recover the debt, unless the creditor obtained a decree.

I wish you the best of luck.

Take care

Patience

versace1888 wrote: »

Hi,

Looking for some URGENT advise please if anyone can help. I will cut a very long story short.

Basically my husband is due in court tomorrow for the 3rd time against PRA group who have purchased an old debt from MBNA. We fell into financial difficulties a while back and the last payment made to the account was in 2012. PRA have purchased the debt and been harassing my husband since.

We have been to court twice and both time my husband argued that the debt was extinguished. The first time they asked for extra time to investigate. The second time they stated that the debt was enforceable by england as thats where mbna were based. We argued that we were protected by scottish law. Again, they asked for extra time and the judge basically asked them to prove that the agreement was under english law.

since then, my husband has spoken with mbna over the phone who has confirmed that is is governed by the country you live in, which would mean the debt is extinguished as we live in scotland. outwith this, mbna changed the terms of the credit agreement 8 times and never sent any updated terms to my husband, which they have told him by law they need to do.

We contacted pra's solicitor last week advising that we have confirmation from mbna that the agreement was subject to scottish law and he has contacted my husband saying he will be penalised in court tomorrow because he hasnt supplied this information 14 days before the court session. is this true? we are clearly not legal professionals so we are at a loss as to wether this may be scare tactics or not?

We are now due in court tomorrow morning, and pra solicitor has contacted us saying it's in both our best interests to cancel court tomorrow and give them 56 days so they can liaise with mbna and giving pra time to investigate further or build their case, whatever way you want to look at it.

my husband advised the solicitor he would need to consider it and would get back to him. since then the solicitor has actually phoned my husbands work - which he has no right to do to ask him how he's proceeding tomorrow.

can anyone offer some advise please as to wether you think we should go to court tomorrow? what do we do? help!

do you think it sounds like they are panicking?

thanks.

Former_StepChange_Patience

Hi there

Thanks for getting in touch and welcome to the forum.

I’m sorry to hear what your friend is going through, it sounds like they’ve taken some positive steps to help make their everyday living for them and their children a little more manageable but I understand how much stress the debt must be causing.

They can approach Barclays directly to ask them to consider stopping the interest and charges based on their financial circumstances, but this is entirely at their discretion whether they agree to do that.

Creditors can sometimes be quite limited to what they can offer if the payments are up to date, so a payment holiday may be their way to give someone a little bit of time if their situation is short term, but the missed payments and interest would need to be repaid after this.

In your friend’s case it may be best if they seek free debt advice to help them deal with the debts, if this is something that’s going to be on going for them or they're going to struggle catching up with the credit card.

If they're worried about what creditors can do to collect the debt, our website has lots of useful information they could have a read through? Here’s the link: https://www.stepchange.org/debt-info/debt-collection/what-creditors-can-do.aspx

It may be worthwhile trying our anonymous self-help tool that you can fill in together, which will have a look at their financial situation and provide them with potential options they can consider at the end, you can find it here: https://www.stepchange.org/Debtremedy.aspx

I hope this helps a little.

Patience

slainte73 wrote: »

Good morning

A good friend of mine is currently strugling with a Barclaycard debt of £10k, she is currently out of work and has moved in with her retired aunt to save costs on other expenses, the though of this debt is making her unwell and she is scared of what Barclayvcard might do to retrieve the debt, she has no other assets.
She has 2 young children both going to school. The monthly payments from Barcaycard are iro of £800 as she asked for a 3 month break in June ( maybe not the best idea )
It is the interest that is killing the payments at the moment, I have made her an offer help monthly and we have worked out we can pay £400 / month would there be any way of approaching BC aslking them to freeze the interest payments.

Thanks in Advance

manue1970

Hello All

I am contacting you for some help.
I have debts up to 27k which are :
Barclay credit card: £13179
Natwest credit card : £5553
Natwest bank overdraft £6754
La Redoute £145
Freemans : £461
Next : £1107

I do not know what to do anymore to clear them, I have not defaulted on any and pay my mortgage on time.
I am thinking on going with a DMP but do I need to close my bank account down? I have also a mortgage with NatWest which is due for renewal in December 2019, Would this affect it? Will they charge me high interest rates?
My other question is that if I decide to close my personal account and transfer everything to my husband account which is with natwest as well, Could this be a risk for my husband?
Last question is , which DMP company to use?
Hope I am making sense with all this.
Many ThaNks

Thank You
Emmanuelle

Robert666

Hi. I received a letter from Cabot Financial saying they had taken on my Providian Credit Card. To be honest I can't remember having one but went through a messy breakup back in 2004 where I was scrabbling for money. I thought I had all my debt sorted by 2008 but possibly I missed a card or a payment. I am loathe to contact them and confirm contact details as no doubt this will instigate a ream of letters etc. Any advice?

mozzauk

Hi,

Im having issues with Lantern UK, and in particular a debt from CFO Lending, that Lantern seem to be unwilling to deal with.

I have logged an irresponisble lending complaint with them which they have rejected without any thought and with a copy and paste response, which i am taking to the ombudsman, once I have received a copy of the Final Response signed and dated by them in a format that can be updated.

They have also sent me a copy of the CCA which is undated and unsigned but which they claim is from June 2013, it only have my name address, the amount and period and the total cost, is this a good sign or can they still enforce the debt...

Thanks,
Andy

Danitotheelle

Hi, after having a debt relief order in 2012 I’m finally in a position where I am on top of my finances , paying all my bills every month and living within my means . I really want to boost my credit rating and have applied for a capital one 39.9% apr credit card . I by no means want to use this frivolously . In fact I’m too scared to use it at all until I know the following ( which isn’t on the information given to me by capital one) . If I pay the balance off in full - will I still be charged an interest fee ? I wanted to use the card for my grocery shop and then literally pay the balance off straight away from
My visa debit card . If I am not able to do this I fail to see how I can boost my credit rating as I’m doing everything I can .