PRA group/Lending Stream - next steps

SD18

I'm hoping for some more help (on top of some amazing advice I've already had).

In an effort to start tackling my debt and not bury my head in the sand anymore I finally replied to one of the numerous messages/phone calls I get from PRA group.

I spoke to them on the phone and they said I have two outstanding debts with Lending Stream. They asked me questions on the phone about whether I remember these and what I used them for. I didn't acknowledge anything over the phone and asked for everything in writing and gave them my new address (so they also can't send a sneaky CCJ to my previous address anymore). I asked for the agreements to be sent to me and details of the debt.

The letters arrived today.
Debt 1
3 separate letters

• What I owe PRA - £312.34 -A letter with confirmation of balance and the usual, please call us to settle spiel.
• An account summary from 30/5/17 - 30/5/18 which states agreement date 9/2/2012. Opening balance (I assume with PRA since they purchased the debt) £312.34, Total payments received £0. Balance adjustments £0. Closing balance £312.34.
• Another letter with "description of credit agreement" which literally just says the above information but in a different format. It adds that a transaction breakdown is available on request or further information on your original credit agreement.

Nothing with a signature of mine on thats for sure!

Debt 2
Just 1 letter

• What I owe PRA - £528.40 -A letter with confirmation of balance and the usual, please call us to settle spiel. It doesn't state the original agreement date on this letter.

And that's it. Nothing else received for this debt.

Basically, they've not told me much. I wanted to see the original agreements so I can establish dates and what I originally borrowed. I suspect both of these debts are close to, if not already being statue barred. Not that I even remember taking two debts out with Lending Stream? Seems odd that they would give me two separate loans especially if one had been in arrears already?

So would you advise that I put in writing to see the original agreements? Should I also request a payment/transaction history as I can't remember what or if I paid anything to start with (and I have long since closed the bank account these would have been paid into).

Thoughts and advice appreciated!

Thank you!

National_Debtline

Hi SD18,


You can make a request for this information, but be careful. You can make a Consumer Credit Act request and ask for a breakdown of the account and a 'true copy' of the agreement. But please be aware that 'true copy' of the agreement does not need to bear your signature or be a copy of what you signed. It is only required to be an accurate representation of what you would've signed.


You also need to be aware that making this request can be deemed as a written acknowledgement under the limitations act and restart the 6 year clock if the debt is not yet statute barred.


If you don't recognise the debts, and don't feel the information that has been sent is sufficient to show they are yours, then it would seem more suitable to send the proveit letter and ask for more details. Hopefully that will shine more light on this, without being considered an acknowledgement of the debt. Good luck,


Laura
@natdebtline

SD18

National_Debtline wrote: »

Hi SD18,


You can make a request for this information, but be careful. You can make a Consumer Credit Act request and ask for a breakdown of the account and a 'true copy' of the agreement. But please be aware that 'true copy' of the agreement does not need to bear your signature or be a copy of what you signed. It is only required to be an accurate representation of what you would've signed.


You also need to be aware that making this request can be deemed as a written acknowledgement under the limitations act and restart the 6 year clock if the debt is not yet statute barred.


If you don't recognise the debts, and don't feel the information that has been sent is sufficient to show they are yours, then it would seem more suitable to send the proveit letter and ask for more details. Hopefully that will shine more light on this, without being considered an acknowledgement of the debt. Good luck,


Laura
@natdebtline

Ok. I definitely don't want to be resetting the the clock! Do you think what I have asked for could have effected that? It was over the phone and I clearly said that I don't recognise these debts (in case the call was recorded).

I'll send a prove it letter regarding both of them to PRA to see what they come back with.

Thanks for your help

fatbelly

SD18 wrote: »

Ok. I definitely don't want to be resetting the the clock! Do you think what I have asked for could have effected that? It was over the phone and I clearly said that I don't recognise these debts (in case the call was recorded).

I'll send a prove it letter regarding both of them to PRA to see what they come back with.

Thanks for your help

An acknowledgement must be either by payment or in writing.

A telephone conversation would NOT count, neither would anything they send to you.

Do you have default dates for either of these? Do any of your credit reports show a default date (not that that conclusively tells us anything but it gives an indication.

SD18

fatbelly wrote: »

An acknowledgement must be either by payment or in writing.

A telephone conversation would NOT count, neither would anything they send to you.

Do you have default dates for either of these? Do any of your credit reports show a default date (not that that conclusively tells us anything but it gives an indication.

Great. Thanks

Equifax
PRA group
Start Date 10/10/2011
Date Satisfied 18/01/2014
No date of default listed.
Marked as settled (never paid them a bean)

Experian
Lending Stream
Start date 06/12/2011
Default Date 16/09/2012
Marked as default with £0 balance (can't remember if I paid LS anything after taking loan out).
It does say Debt Assigned to CAIS Member

Noddle
Lending Stream
Start date 06/12/2011
End date 16/09/2012
Default date 29/08/2012
Marked as satisfied and closed with a balance of £0 (again, can't remember if i paid LS anything).

I did have another PRA entry on my experian report (I think).
PRA Group
Default date: 02/05/2012
Which has now dropped off. This could be one of them I'm guessing?

None of the account numbers relate to anything I can see on paperwork that PRA have sent me. Nor do the start dates listed on my credit report.

fatbelly

The one with default date 02/05/2012 is pretty clearly statute barred.

The one with default date 16/09/2012 or 29/08/2012 is almost certainly statute barred as a default should not be registered until 3 missed payments. That would give the latest date of missed payment as mid-June 2012.

Given that they must now follow pre-action protocol which involves sending a standard reply form and giving you 30 days to respond ... they've left it too late to start a claim.

I think you should do nothing now and just ignore them. Any action on their part can be defended.

SD18

fatbelly wrote: »

The one with default date 02/05/2012 is pretty clearly statute barred.

The one with default date 16/09/2012 or 29/08/2012 is almost certainly statute barred as a default should not be registered until 3 missed payments. That would give the latest date of missed payment as mid-June 2012.

Given that they must now follow pre-action protocol which involves sending a standard reply form and giving you 30 days to respond ... they've left it too late to start a claim.

I think you should do nothing now and just ignore them. Any action on their part can be defended.

I was kinda hoping to stop the phone calls messages. Is there anything I can send to stop them from pestering me?

fatbelly

SD18 wrote: »

I was kinda hoping to stop the phone calls messages. Is there anything I can send to stop them from pestering me?

call blocking?