Are PRA trying it on?

Lz?Kithra

[FONT=&quot]I heard from PRA at the end of September in which they introduced themselves, saying they’ve recently purchased my debt and noting what the balance still owed is. I replied saying that I didn’t understand as, even though that letter had come from a different address, they’ve had my debt for a long time. I’d been paying it since 2004 via various debt collection agencies. Also that I was still waiting for the copy of my CCA, requested back in February. And that they had not complied but had written to me in May stating that while they were unable to provide the documents the account had been placed on indefinite hold, and that I would not receive any letters or calls.[/FONT]
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[FONT=&quot]I’ve heard nothing further and was wondering what my response should be if I hear from them again. I’m aware that after 6 years of no contact the debt will no longer be enforceable, and I was wondering if they are contacting me now in an ongoing attempt to keep it alive. Should I hear from them again perhaps I should reply saying that until I receive the CCA documents I will have no further contact with them unless they comply. If that’s the best way forward I will then simply ignore any further letters from them.[/FONT]
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Karonher

I dont think contact is the issue it is more admitting the debt. You say you have been paying since 2004 - where you still paying up until February? If so the 6 years will start from then. If they cant provide the documents you may not need to pay it although I believe they can still contact you about it.

sourcrates

It’s not six years of no contact by the creditors, it’s six years of non payment on your part.

If you have been paying this debt, then it will not become statute barred, unless a period of six years has passed without any payment or written contact from you has occurred.

Your other ”iron in the fire” is the non compliance with your CCA request.

The debt will be unenforceable, but they can still contact you and ask you to pay.

Usually if you are specific and tell them your not going to pay, they will eventually get tired, and concentrate there efforts on others whose agreements are compliant.

Lz?Kithra

Hi Karonher. Yes, I've been paying since 2004 and never missed a payment. But I stopped in around May this year because I hadn't heard anything about the CCA copy, and haven't paid since then.

Lz?Kithra

Thanks Sourcrates. I didn't realize it was 6 years of not paying. I was paying until around May this year when I stopped exactly because there was no CCA forthcoming. So really my query was what to write to them if I hear anything again. In view of what you say, should I hear again, I'll write and say that I'm not paying anything until they can comply.


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Suseka97

The way PRA usually handle this, if they cannot provide compliant paperwork, is to tell you that the account is 'currently unenforceable' and they will continue to write asking you to contact them for payment -because unenforceable doesn't mean you don't owe the money.

As you've decided not to make any further payments - you could simply write to say that you are focussing on enforceable debts and will be making no further payments to them. That basically makes it clear you won't be paying - but it won't stop their letters.

I have UEs with PRA and every few months they send me a statement with a request to contact them for payment and of late their letters are offering me various discounts (reductions of the balance). I continue to ignore those letters and will do until the discount reaches an amount I'm happy to pay.

Some completely walk away from UE accounts, which is fine - but I would prefer to pay them off, in-case they eventually find compliant paperwork further down the line. I'm told that PRA don't give up that easily.

Lz?Kithra

That's very interesting, Suseka97. Although they wrote saying it was unenforceable they also said that they[FONT=&quot] "were unable to provide the documents the account had been placed on indefinite hold, and that I would not receive any letters or calls." So I was surprised when I got their latest communication.
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Thanks for the suggestion of what I could write to them. If they contact me again that's what I'll do. However, since I sent them my MALG form, signed by my doctor, I'm sure they'll be careful how they handle the case in future.



If I eventually get an offer of F&F payment that I can afford I'll probably accept it, if only to stop having to wonder every day if this will the day I hear from them again! It really does play on my nerves. Good luck in your own continuing hassle with them.

Just_Di

Lz?Kithra wrote: »

[FONT=&quot]I heard from PRA at the end of September in which they introduced themselves, saying they’ve recently purchased my debt and noting what the balance still owed is.

Who was the original creditor because that may give some indication as to whether the documentation is likely to be found one day?

What was the account such as a credit card, loan or bank account etc?

And finally, how much is the outstanding balance to get an idea of how determined PRA might be to pursue the debt?

Di

Lz?Kithra

[FONT=&quot]Hi Just Di,[/FONT]
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[FONT=&quot]The original creditor was a Lloyds TSB bank loan. The balance now owing is £4779.00 [/FONT]
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[FONT=&quot]It was bought by PRA in August 2016 from ExpertoCredite after originally being sold by the bank to Moorcroft.[/FONT]
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[FONT=&quot]I only have a State Pension, Pension Credit, and PIP and was paying all of them at the rate of £12 per month each time the DCA changed. [/FONT]

Just_Di

Lz?Kithra wrote: »

[FONT=&quot]Hi Just Di,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The original creditor was a Lloyds TSB bank loan. The balance now owing is £4779.00 [/FONT]
[FONT=&quot]
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[FONT=&quot]It was bought by PRA in August 2016 from ExpertoCredite after originally being sold by the bank to Moorcroft.[/FONT]
[FONT=&quot]
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[FONT=&quot]I only have a State Pension, Pension Credit, and PIP and was paying all of them at the rate of £12 per month each time the DCA changed. [/FONT]

Experto Credite were a Debt Collection Agent acting for Aktiv Kapital who were a debt purchaser, so it looks as if your debt was assigned by Lloyds to AK.

The more times a debt changes hands the more potential there is for assignment chain issues since PRA would have to prove title to the debt something they weren't able to do in PRA Group (UK) Ltd v Diana Mayhew ( me ).

Are they aware that you are in receipt of pension/benefits etc? They could take the view that you can't get blood out of a stone and not pursue you. Fingers crossed.

Do you own a property?

Di

Lz?Kithra

Hi again Just Di,


I also thought the more the debt changed hands the more likely they wouldn't be able to prove it, and mine has now changed hands for the 4th time if you count the original bank. The bank was who I began making the repayments to after I got into debt.



I'm very pleased to hear that you managed to win your case against PRA. Well done.

Yes, I've always let the agencies know where my income is derived, and I've not been well for many years now, so things won't change. No, I don't own any property. I rent a local sheltered housing flat, and they know that too as I also send a copy of my rent letter each year.

I don't own anything else either, not even a car as I'm totally housebound now and never get out. So I have absolutely no assets. However, I do manage to save just a very little (in the low hundreds) from my PIP in case of a rainy day. And I'm also aware that I don't have to use any of my PIP to pay debts, although in the past, when I was on DLA, I did do that - just to show willing


I'll be back online again tomorrow but have to log off for now.


Many thanks for your messages.