PRA Group

johnny45

Hi everyone,

So back in 2017 I received a letter from the PRA Group stating that I owe £500 to a company called Express Finance Ltd. with an opening / closing balance in 2017 and no further details.

I'd never heard of Express Finance Ltd. so called PRA Group to ask what this debt was and when it was from. They said that it was a payday loan and they had purchased the debt in 2012.

I think this original agreement may have been from around 2009 / 2010 but they wouldn't give exact details over the phone.

So I sent them the following letter:

" Dear PRA Group (UK) Limited,

I am writing in response to a letter from you dated **/**/17, a copy is attached.

If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.

The FCA rules say you cannot continue any collection activity until you have done so. "

I then receive a response back from them in June 2018 with an 'Account Summary', basically repeating what they have already said in the first letter.

There is also a paragraph in the letter that states "A transaction breakdown is available on request. Please contact us on the telephone number provided if you would like further information about your original credit agreement, including, for example, the duration or the amount of credit originally provided"

What I really want to find out is, when this payday loan was originally taken out and when any payment was last made towards it, because if it was taken out in 2009 / 2010 then I believe it would be statute barred. But as i'm not 100% sure of this, i'm not sure how to proceed without accidentally acknowledging it and 'restarting the clock'.

I would ideally like this information via letter too for my own evidence.

Does anyone know how best to proceed with this? i.e. is there a letter template I can use to get them to send me this information?

Suseka97

Hopefully Fatbelly, Sourcrates or Just Di will be along to provide better advice - those guys are really knowledgeable about this stuff. But from the looks of things they haven't provided what you asked for.

I think this is likely to be a bit of a phishing trip and there have been a number of threads on here of late where the PRA group have contacted people out of the blue. It appears they are known for purchasing statue barred debts and just chance their arm in the hope that their letters will be sufficient for people to just pay up without challenge or question.

If it were me I'd just ignore that one and see what they do next.

Suseka97

PS... you might want to go have a read of this.....

https://debtcamel.co.uk/prove-it/

fermi

Also see: https://forums.moneysavingexpert.com/discussion/comment/57703407#Comment_57703407

Just_Di

johnny45 wrote: »

called PRA Group to ask what this debt was and when it was from. They said that it was a payday loan and they had purchased the debt in 2012.

I think this original agreement may have been from around 2009 / 2010 but they wouldn't give exact details over the phone.

. . . . I then receive a response back from them in June 2018 with an 'Account Summary', basically repeating what they have already said in the first letter.

There is also a paragraph in the letter that states "A transaction breakdown is available on request. Please contact us on the telephone number provided if you would like further information about your original credit agreement, including, for example, the duration or the amount of credit originally provided"

What I really want to find out is, when this payday loan was originally taken out and when any payment was last made towards it, because if it was taken out in 2009 / 2010 then I believe it would be statute barred. But as i'm not 100% sure of this, i'm not sure how to proceed without accidentally acknowledging it and 'restarting the clock'.

Why not check your CRA file to see if the account is on there. If it is showing then that implies the debt was defaulted less than six years ago which could impact on the Statute Barred date regardless of when you last made a payment towards it.

I do wonder whether that PRA letter is inviting you to make contact in writing in the hope that'll scupper your SB chances.

If they purchased the debt in 2012 why has it taken them six years to pursue it? That's a rhetorical question

They can write to you again if they have anything meaningful to say.

PRA have a reputation in America for chasing known SB debts and it landed them in hot water. See this > https://files.consumerfinance.gov/f/201509_cfpb_consent-order-portfolio-recovery-associates-llc.pdf

Di

johnny45

Hi everyone. Thanks for all the advice so far.

When I received the letter in June (which didn't answer my question to them) I had decided to ignore it but then received another letter last week offering for me to settle the account for £400.

With regards to my credit report, there is nothing on there (i've checked all 3) with regards to any sum owed to Express Finance Ltd.

I think my main concern is now i'm trying to build my credit score and am thinking of moving house next year and I don't want them to randomly apply a CCJ at some point without me knowing due to the letters going to an old address so wanted to get it 'closed off' so I don't have to worry about it.

Should I send this letter from Debt Camel?

" Dear [Debt Collection Company],
COMPLAINT

On dd/mm/yy I ask you to provide proof that I owed the alleged debt to xxxxxxx. I attach a copy of my letter.

The FCA rules are clear that ” Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.”

I do not owe this money. You have failed to produce any evidence that I do. If you do not cease to contact me about this debt I shall be complaining to the Ombudsman.

[Please also delete the incorrect entries from my credit records.]

Your name "

johnny45

Hi everyone,

Just to give an update on this:

I sent the above letter to them and they responded quite quickly via email with a copy of the original credit agreement.

This proved that the debt was indeed from 2009 so I sent them the 'Statute Barred' letter from the National Debtline website and to my surprise, received a letter back from them confirming that the debt is indeed statute barred and that I will not hear from them again about the matter.

So happy days from my end and this confirms what Suseka97 was saying about PRA Group chasing statute barred debts.

D_M_E

Keep that letter safe - you don't know if they will sell the debt on to some other DCA who will chance their luck sometime in the future.

kjw327

Good result Johnny45.

Suseka97

fermi wrote: »

Also see: https://forums.moneysavingexpert.com/discussion/comment/57703407#Comment_57703407

That's a really useful post Fermi - is it a 'sticky' as it would be useful for others who find themselves in this situation.

Suseka97

Great result Johnny45 and useful for others to know that it's worth challenging these sorts of tactics. The PRA group will undoubtedly continue with this practice - and it beggars belief that they can and do.