PRA Group - Another Unenforceable?

Twins

Hi January, Sourcrates and all....

I've just received a letter in response to my request for a CCA on my Barclaycard account via PRA Group. This letter is worded slightly differently to the last one they sent where they said to due the age of the debt they couldn't provide me with copies of the agreement.

This letter says: Please find enclosed documentation received to date; we are awaiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further enforcement action against you to recover the outstanding balance. Then it goes on to say that despite the debt being unenforceable I am still legally entitled to repay what I owe.

So how long do they have to product this other paperwork to make the debt forceable again? Is this a delaying tactic and should I consider it unenforceable and push for a F&F? This is my largest balance out of all 6 creditors so would be a bonus if I can get this one off the list.

Looks like I'm going to go towards self managing my DMP so that I can take control of these payments myself.

Thanks for the help as usual

sourcrates

Twins wrote: »

Then it goes on to say that despite the debt being unenforceable I am still legally entitled to repay what I owe.

So how long do they have to product this other paperwork to make the debt enforceable again? )

They are incorrect, all legal entitlement has been taken away as they have, so far, failed to produce a valid credit agreement.

The consumer credit act gives them 12 + 2 days, so 14 days in total, after which, the account is unenforceable, until such time as the correct paperwork is received.

That may be a week, it may be a year, it may never come, rule of thumb, give them 8 weeks, if nothing has arrived in that time, then consider the account irredeemably unenforceable.

Dont expect them to take pennies for it though, you can never predict how these companies will react to an unenforceable debt, they will expect you to walk away and pay nothing, so may or may not accept a low settlement offer.

They can get more selling the debt on to someone else, (no morals in debt collection) you would then have to write and inform the new owner of the debts unenforcability, this may happen numerous times as well.

Make sure you keep that letter in a safe place.

Twins

sourcrates wrote: »

They are incorrect, all legal entitlement has been taken away as they have, so far, failed to produce a valid credit agreement.

The consumer credit act gives them 12 + 2 days, so 14 days in total, after which, the account is unenforceable, until such time as the correct paperwork is received.

That may be a week, it may be a year, it may never come, rule of thumb, give them 8 weeks, if nothing has arrived in that time, then consider the account irredeemably unenforceable.

Dont expect them to take pennies for it though, you can never predict how these companies will react to an unenforceable debt, they will expect you to walk away and pay nothing, so may or may not accept a low settlement offer.

They can get more selling the debt on to someone else, (no morals in debt collection) you would then have to write and inform the new owner of the debts unenforcability, this may happen numerous times as well.

Make sure you keep that letter in a safe place.

Thanks Sourcrates. What should I do with the ones where I have written off for a copy of my CCA but still haven't heard back yet? I received a letter from Robinson Way saying they had received my letter and are making the necessary enquirers and would get back to me. That was last month on the 8th April. How long before I chase and write to them again? Would should I say?

Thank you

sourcrates

Twins wrote: »

Thanks Sourcrates. What should I do with the ones where I have written off for a copy of my CCA but still haven't heard back yet? I received a letter from Robinson Way saying they had received my letter and are making the necessary enquirers and would get back to me. That was last month on the 8th April. How long before I chase and write to them again? Would should I say?

Thank you

Just leave it till 8 weeks has passed, then send a reminder if you've heard nothing.

They have to request the paperwork from the original creditor, which can take up to a couple of months to trace.

January2015

Great news. Of course you are 'entitled' to pay it...... but you cannot be 'required' to pay. They are trying to be clever with their wording.

Well done. Stop paying now and start smiling

Twins

January2015 wrote: »

Great news. Of course you are 'entitled' to pay it...... but you cannot be 'required' to pay. They are trying to be clever with their wording.

Well done. Stop paying now and start smiling

Thanks January! You've been fantastic with my never ending questions! You're a DMP rescue angel :A

vaper

Oh that's very naughty "Legally entitled"......I'm afraid I would have freaked out at that one.
I will try and remember this for future reference

nicola1976

Never done this before, but looking for advice.
My husband had an accident was off work, then made redundant, so had to find another job, found another job that didn't pay as much so couldn't afford to pay mbna £250 per month, so phoned them, they cut the payments in half, was paying each month, still a strain but managed it. Then a letter from pra group came through the post asking for a dd to get set up, which i found strange as he was still paying mbna at this point.
Long story short paid pra off in feb this year and the same day or a day or so later the added a default to my husbands account. Is there anyway of getting this removed :mad:

StopIt

nicola1976 wrote: »

Never done this before, but looking for advice.
My husband had an accident was off work, then made redundant, so had to find another job, found another job that didn't pay as much so couldn't afford to pay mbna £250 per month, so phoned them, they cut the payments in half, was paying each month, still a strain but managed it. Then a letter from pra group came through the post asking for a dd to get set up, which i found strange as he was still paying mbna at this point.
Long story short paid pra off in feb this year and the same day or a day or so later the added a default to my husbands account. Is there anyway of getting this removed :mad:

You should make your own thread first as this'll likely be missed.


You can send a CCA request (Details above) to see if the MBNA debt is indeed enforceable like the OP did. If the debt is unenforceable, they cannot take out any court action against you and the debt is legally void.


However the default will not be removed. Why? Because you have defaulted on your debt. Defaulting means not meeting your contracted payments and the creditor/debtor relationship breaking down.


MBNA have used their right to sell on the debt and PRA have registered the debt as defaulted, which it was. You can request PRA/MBNA to backdate the default to approx. 3/6 months after you entered the payment plan if the default was registered very late.

nicola1976

Thanks.
Mbna have removed the default notice, but pra said they won't as mbna are saying it was a good will gesture to them but didn't tell us it was a good will gesture. For everything i have read about mbna they seem to stick to there guns and never remove defaults.

StopIt

nicola1976 wrote: »

Thanks.
Mbna have removed the default notice, but pra said they won't as mbna are saying it was a good will gesture to them but didn't tell us it was a good will gesture. For everything i have read about mbna they seem to stick to there guns and never remove defaults.

That's weird. If the original creditor has removed a default, subsequent purchasers of the debt really should do the same.


Send a complaint to PRA.