PRA Group & MBNA Card Debt

Tron1969

sourcrates wrote: »

It's up to you, the consumer credit act says you don't have to pay during this period.

The choice is yours really.

Ok thanks for the reply. I suppose the difficulty being that I am in a DMP with stepchange. I think I may wait for their reply as I have a month before the next DMP payment is due


Thanks again

Tron1969

I have now got the following response from PRA who say they were acting on behalf of MBNA (but this reads as if they now own the debt??)


What should I now do as they are still on my DMP, do I take them off it until they contact me again? what does this actually mean?


You have advised us that you believe the debt is unenforceable, I have requested a copy of your Consumer Credit Agreement (CCA) from the original vendor. We are currently unable to provide your agreement this means that we have classified your debt as currently “unenforceable”, which means that we were unable to take court action against you to recover the outstanding balance.

Despite the debt being unenforceable, we are still legally entitled to:

• Contact you and ask you to repay what you owe
• Pass your details onto a third party debt collection agency
• Update your credit reference report (as appropriate)

You should also be aware that the original creditor may be able to provide us with information in future, at which time we will class your debt as enforceable and take appropriate action where necessary (including but not limited to court action to recover the outstanding balance owed to us).

In the meantime your account will remain on hold until we receive a response from the original vendor regarding your CCA

sourcrates

Tron1969 wrote: »

I have now got the following response from PRA who say they were acting on behalf of MBNA (but this reads as if they now own the debt??)


What should I now do as they are still on my DMP, do I take them off it until they contact me again? what does this actually mean?


You have advised us that you believe the debt is unenforceable, I have requested a copy of your Consumer Credit Agreement (CCA) from the original vendor. We are currently unable to provide your agreement this means that we have classified your debt as currently “unenforceable”, which means that we were unable to take court action against you to recover the outstanding balance.

Despite the debt being unenforceable, we are still legally entitled to:

• Contact you and ask you to repay what you owe
• Pass your details onto a third party debt collection agency
• Update your credit reference report (as appropriate)

You should also be aware that the original creditor may be able to provide us with information in future, at which time we will class your debt as enforceable and take appropriate action where necessary (including but not limited to court action to recover the outstanding balance owed to us).

In the meantime your account will remain on hold until we receive a response from the original vendor regarding your CCA

Means what it says on the tin.

Currently, they cant enforce the debt, as they dont hold a copy of your credit agreement.

They have requested it from the original creditor, now its 50/50 if they will be able to find it, or not, to save hassle for now, i would continue to pay the debt, as its possible, they may find the paperwork, so for now carry on as you are, wait and see what they come back to you with.

What you need is a letter stating they are unable to provide a copy of your agreement at all, anything else isn't good enough.

Tron1969

Would they normally come back at a later date and confirm that they can not enforce it. How log would you suggest to wait before chasing them?


Thanks for your comments too!

sourcrates

Tron1969 wrote: »

Would they normally come back at a later date and confirm that they can not enforce it. How log would you suggest to wait before chasing them?


Thanks for your comments too!

Its anyones guess with these things.

Sometimes you never hear from them again, other times they produce the goods, there really is no way of knowing for sure what will happen.

The time frame for complaints resolution is 8 weeks, so give them 8 weeks, if you've heard nothing by then, assume its unenforceable, and proceed on that assumption.

Just bear in mind they may come back in a years time and say we`ve found your credit agreement, its not clear cut until they admit in writing they dont hold it.

Tron1969

are they able to add any interest in the meantime. Say if they come back in 2 years and I have stopped paying can they add interest to the defaulted debt?

January2015

MBNA accounts that are pre April 2007 are iredeemably unenforceable.

Take the account off your DMP and don't worry about it.

More information on this can be found on the All About Debt website (AAD). Visit the forum and look up

Forum Information

Forum Announcements & Site Feedback

Important Announcements

Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable

I can't link to the AAD website (MSE block it for some reason).

zenshi

January2015 wrote: »

MBNA accounts that are pre April 2007 are iredeemably unenforceable.

Take the account off your DMP and don't worry about it.

More information on this can be found on the All About Debt website (AAD). Visit the forum and look up

Forum Information

Forum Announcements & Site Feedback

Important Announcements

Virgin (MBNA) Credit Card / PRA Group - Iredeemably Unenforceable

I can't link to the AAD website (MSE block it for some reason).

How so Jan? Can you give us brief? Will check the said site later. I have MBNA from 2002, requested CCA and recieved what looks like it should be

January2015

In my case the provided a signature on an application form which was like a tear off page from a folded leaflet. In the middle section of the signature tear off page it stated

"Before you sign the agreement you must read Section 11 in the terms and conditions provided. You agree that MBNA may vary the process (etc. etc. etc. ) described in condition 11.

I only had that piece of paper to sign. They never provided T&Cs on the little flyer thing. I couldn't have agreed to condition 11 before signing - it was impossible.

I assume this is why all pre 2007 MBNA are unenforceable - but I don't know for sure - I just know that AAD know they are unenforceable. They retain solicitors and have been to court over numbers CCA cases. I have no doubt what they say is fact.

Tron1969

Just an update. PRA were administering the debt for MBNA but as soon as I requested CCA request it looks like the debt has now been sold to PRA and they are now the legal opwners of the debt. Does that sound like MBNA know it is not enforceable. Also what sort of value would they sell a £15k debt for?