Requesting Settlement figure with PRA Group

shaun196809

Julie67 wrote: »

Sorry to jump on the thread, but I'm in exactly the same position with PRA. Had a letter today saying the debt is currently unenforceable. So I will now offer 10%. I think January said they had success with this after ignoring them for 12 months.
I will let you know what the response is.

Yes, I had heard that someone was successful.

Good luck with yours - I've just told PRA that they should accept my 10% offer as I have cancelled my monthly payment as the debt is unenforceable.

Julie67

Sounds like a plan, let us know how you get on

shaun196809

Julie67 wrote: »

Sounds like a plan, let us know how you get on

Had a response from PRA this morning - have declined my offer of 10% still stating their offer of 80% is the lowest possible settlement.

My final letter to be sent tomorrow states that as they have declined my offer this matter is closed, my DMP cancelled with no further payments, as the debt is deemed unenforceable.

sickasachip13

Hi,
This is really helpful as I too am in discussion with PRA (former barclaycard debt). I've done a CCA request, they've returned my postal order and said:
- they have 'requested the required information'
- they've put my account on hold which will cease any further collections until further notice
- they will contact me 'to provide an update as soon as possible' and give a number to call if I have questions

Obviously I'm hoping they don't locate the CCA info - how long do you think I should give them? Is it worth trying a F&F offer to them in the meantime? Debt is $1369 (gbp!)

sourcrates

sickasachip13 wrote: »

Obviously I'm hoping they don't locate the CCA info - how long do you think I should give them? Is it worth trying a F&F offer to them in the meantime? Debt is $1369 (gbp!)

Give them a month to six weeks (yes it can take that long) then send a reminder.

Dont do anything else in the meantime, until you know if they hold the legal paperwork, or not.

monkeybuster

Hi,
I just found out about a CCJ that's already been issued, originating from PRA. There was an issue with me getting mail so I didn't know about it until it was too late. So I don't know whether the debt was ever truly enforceable in the first place.

I can't afford to pay the CCJ and am looking at what to do. I've read that you can apply to "set aside" a CCJ if it was issued incorrectly. Could I still request the Credit Agreement etc from PRA and IF they can't provide it, could I apply to the court to say that the debt was never enforceable? Or is it all too late now?
Thanks.

sourcrates

monkeybuster wrote: »

Hi,
I just found out about a CCJ that's already been issued, originating from PRA. There was an issue with me getting mail so I didn't know about it until it was too late. So I don't know whether the debt was ever truly enforceable in the first place.

I can't afford to pay the CCJ and am looking at what to do. I've read that you can apply to "set aside" a CCJ if it was issued incorrectly. Could I still request the Credit Agreement etc from PRA and IF they can't provide it, could I apply to the court to say that the debt was never enforceable? Or is it all too late now?
Thanks.

Hi,

A common reason people want to set aside a judgment is if they find out they have a CCJ they didn’t know about.

This could happen if you’ve moved house and not kept creditors up to date with your current address. This is easily done if you have old debts and you’ve not heard from the creditors in a long time.

It can come as a shock to discover you have a CCJ you knew nothing about. Some people only find out when they check their credit file, or they get turned down when applying for new credit. In rare cases, the first notice of a CCJ might be contact from a bailiff.

If you find out about a CCJ like this, one option is applying to set it aside. However, this is usually only worthwhile if you disagree with the amount the creditor is claiming. If the CCJ is correct, but you can’t afford to pay the CCJ, it’s usually cheaper and easier to ask the court to set affordable monthly payments. This is called ‘varying’ a judgment.

This means if you discover an unknown CCJ, the first step is always to check which creditor issued it. This information will appear on any court forms you receive. If you haven’t received any forms, you can ring the court to check who the creditor is; the name of the court will be shown on your credit file.

Once you know who the CCJ is from, you can check if the amount is correct and decide on the right approach to deal with it: varying or setting aside.

monkeybuster

Thanks very much Sourcrates.

I don't really dispute the amount, but I had hoped that once my divorce was out the way I could start negotiating full and final settlements with my creditors. However, PRA have gone down the CCJ route before I had a chance. With my other creditors I still hope to negotiate lower settlement values (I'll start a separate thread for that question as there's a few details!). But once the CCJ has been issued, is that basically the end of any hope of settling on a reduced total? - i.e. does "varying" the order just refer to changing the monthly payments (but still paying back the full total set out in the CCJ), or is there any hope of negotiating a lower total amount, as with making a Full and Final settlement with a creditor before any court action? Once the court says £9000 is that basically it - with no scope for negotiating a reduction?

Also, regarding my other debts, I've heard that provided you pay at least £1/month and engage with the creditors, that they are unlikely to initiate court action against you. Is this true or wishful thinking? I've had multiple debts for years and been paying £1/month whilst my divorce was getting sorted etc, but this is the first one that's suddenly issued a CCJ. I think this is because PRA took over the debt a few months back but because I didn't get my mail I didn't know. So I was paying my £1/month to the old creditor and not to PRA. Might this be why they initiated court action? I do want to address my other debts but am hoping that if I keep paying my £1/month at least that will buy me the breathing space to take them one at a time and try to reach settlements?

Thanks again.

fatbelly

monkeybuster wrote: »

Thanks very much Sourcrates.

I don't really dispute the amount, but I had hoped that once my divorce was out the way I could start negotiating full and final settlements with my creditors. However, PRA have gone down the CCJ route before I had a chance. With my other creditors I still hope to negotiate lower settlement values (I'll start a separate thread for that question as there's a few details!). But once the CCJ has been issued, is that basically the end of any hope of settling on a reduced total? - i.e. does "varying" the order just refer to changing the monthly payments (but still paying back the full total set out in the CCJ), or is there any hope of negotiating a lower total amount, as with making a Full and Final settlement with a creditor before any court action? Once the court says £9000 is that basically it - with no scope for negotiating a reduction?

Also, regarding my other debts, I've heard that provided you pay at least £1/month and engage with the creditors, that they are unlikely to initiate court action against you. Is this true or wishful thinking? I've had multiple debts for years and been paying £1/month whilst my divorce was getting sorted etc, but this is the first one that's suddenly issued a CCJ. I think this is because PRA took over the debt a few months back but because I didn't get my mail I didn't know. So I was paying my £1/month to the old creditor and not to PRA. Might this be why they initiated court action? I do want to address my other debts but am hoping that if I keep paying my £1/month at least that will buy me the breathing space to take them one at a time and try to reach settlements?

Thanks again.

You can still negotiate but things are a bit more loaded in their favour. You would not only have to show why X now is better than small payments of y over z years, you would also have to show that there is no effective way for them to enforce the judgement i.e you don't work, don't own property or any expensive assets.

The 'pay £1 and no-one will take court action' thing is a myth, in my opinion, put about by the credit industry themselves. I don't think there is any evidence to support it and, in practice, the opposite may be true.

monkeybuster

Thanks.

Doesn't look like I've got much hope for negotiating a reduction then - I do work and and have a house.

The CCJ said that since the amount was over £5000 (it's £9K) the creditor may be able to apply for interest (at 8%). If I do pay a small amount over many years, the extra interest could spiral out of control. Is this a likely thing for PRA Group to do?