Pra Group

derp42

Hi guys,

I hope this is the right place to ask this , I've been having a read and looks like I'm in the right place.

In search of some advice as this has come a little out the blue - quick history, had a DMP with step change which I was under the assumption as all done and dusted as of 30/8/2016
This was due to me being a very silly teenager , but I have mended my ways -

18/2/2018 comes round and I receive a letter from Pra informing me that on behalf of MBNA I owe them the bast part of £400 , with very little other information on other then demanding I respond by the 28th.

Id been away and came home on the 28th finding this on my door ste, remembering that one of my debt previously was with MBNA rang them asking for more details.
In he-insight that was perhaps a little silly.

They didn't offer any more information over the phone, told me they would send me further details as I wasn't willing to pay anything until they proved where they'd gotten it from (I'm still not) -due to the DMP as far as I was aware I owed nothing.

Its been well over a month no with no further contact, I have done my own digging in the mean time , the account number listed on the letter is different from the one which s recorded with MBNA on my credit history - the date that the account was started is different as well ( 24/6/2011) I cant find any history of this thing until PRA have evidently managed to find it in 30/07/2016 where it has defaulted straight away and failed to contact me untill recently.
Step change don't have any history on it either as I have contacted them to confirm all accounts they were dealing with were cleared. Which was every thing which I was aware I had against my name - Id been made redundant and got into a few issues.

I was entirely debt free for about a month it would seem.
I currently have a credit card, I make sure is up to date as I was hoping to improve my credit rating as Id quite like to buy a house in the future - and although this is a small amount its concerning me and I'm at a bit of a loss as to what to do with regards to this.

Any help or advice would be vastly appreciated

fatbelly

This is the right place.

Generally we don't advise phoning debt collectors. However, nothing verbal can be taken as an acknowledgement of the debt so you are all right.

The fundamental point is that you do not recognise the account number they quote. So when they write next, you respond with a prove-it.

The history of this account will be important because, even if it is yours, there may well have been a six-year period without payment or acknowledgement in writing by you. In that case the account is unenforceable (statute barred) under the Limitation Act 1980.

And there is a standard letter for that but for now send the prove-it when they next write.

Edit: if they are marking your files with a default dated 2016 and your credit history is important to you then you may have to be a bit pro-active. But let's see what 'proof' they come up with first.

derp42

I'm glad I'm thinking along the right lines then - thank you for your response, a little reassurance goes a long way.
I find it strange that there's no record on my credit history of this before then , but that might be my misunderstanding of how these things work.
I also find it odd that they don't seem to be very proactive about chasing it up.

If I'm alright to just sit on it till they prove it and wait then that's what I'll do.

fatbelly

Yes but if this is your newest default and your credit history is important to you, then at some point you want this removed or you will complain to the ICO

derp42

Speak of the devil -

Came home to a letter with a CCA or what I assume is a CCA that was done online in 2011 - there are no account details apart from the one added in biro at the top.

The letter goes on to state that they have deemed the debt to be unenforceable but they are still legally entitled to contact me, put it out to a collection agency and continue to report the default to the credit reference bureaus.

Am i right in saying that if its unenforceable and due to the date this is to be considered statue bared so they actually don't have these rights and are trying it on now?

sourcrates

derp42 wrote: »

Speak of the devil -

Came home to a letter with a CCA or what I assume is a CCA that was done online in 2011 - there are no account details apart from the one added in biro at the top.

The letter goes on to state that they have deemed the debt to be unenforceable but they are still legally entitled to contact me, put it out to a collection agency and continue to report the default to the credit reference bureaus.

Am i right in saying that if its unenforceable and due to the date this is to be considered statue bared so they actually don't have these rights and are trying it on now?

Its possible you have two arguments here, perhaps a hybrid letter to them thanking them for confirming the debt is unenforceable and also informing them it would be statute barred anyway.

In any case you will not be making any more payments to the account, and you now consider the matter to be closed.

Any further requests for payment will be treated as harassment, and will result in a formal written complaint.

fatbelly

If it's statute barred, they are not allowed to continue to press for payment.

This is set out in FCA CONC 7.15.8 (rule):

A firm must not continue to demand payment from a customer after the
customer has stated that he will not be paying the debt because it is statute
barred.

fatbelly

There is still the matter of your credit file.

If this was never your account they must not mark your file.

If this was your account, and you stopped paying, they are expected to register a default 3-6 months after that time.

derp42

fatbelly wrote: »

There is still the matter of your credit file.

If this was never your account they must not mark your file.

If this was your account, and you stopped paying, they are expected to register a default 3-6 months after that time.

How would this 2nd train of theory go?

In my eyes they have still not proven to me that this is, in actual fact, my account, as a acc number scribbled on a CCA from 2011 doesnt really tell me anything other than they have access to pens.

fatbelly

So the cca form does not contain your name, address or signature?

derp42

Its a screen grab of an online form - name address tick box signature - but there are no details of what account it refers to on the document.