Debt Query

nicsam

Hi.
So over the past 24 hours I have read a lot of the threads on here and discovered quite a lot I didn't know about my debt.
I have a debt with PRA Group for £8000 that was originally a credit card with Halifax who sold it to them when I got into financial difficulties. For the past 18 months I have been paying PRA £40 a month. They contact me every 6 months and the payments have stayed the same. However, now i've read all these informative threads I'm wondering if I should submit a request to see my CCA?
I am just wondering though if its worth doing as on the PRA Group letters they have the agreement date (2005) and the credit account number?
On the last letter i received from PRA in July 2018 they did say that they may be able to offer me a one off, reduced F and F but did not state for how much. I never followed this up as not been in a position to make a large payment.
Also I have other debts with another bank that have not been sold on. Is it worth asking for my CCA's with them as well or wait until they maybe one day get sold? I'm assuming the banks will more than likely still have all of the copies of their own credit agreements.
Tbh I don't mind continuing to pay the £40 a month but hate the phone calls every 6 months. Do I have to answer them and do I have to do the 6 monthly review or just continue paying as I am?
Many thanks for all your help.
Nicsam

David2Prit

You don't have to answer the phone calls, no.
I also do not believe you have to have a 6 month review..... Been around 3 years since my last one!

It is worth sending a CCA in, doesn't really hurt if they have everything, continue as you are going, but may well be worth thousands if they don't hold correct documentation.

sourcrates

Agree with the above.


Lets just get one thing straight here, no one can make you do anything you do not want to do, recent updates to the data protection act give you the consumer, more rights than ever before when it comes to how companies can contact you.

You simply write to them, or email, and specifically state how you want them to contact you, best to opt for "in writing only", they must comply with your wishes, if they don't, you can complain, they will more than likely receive a large fine.

Always worth going down the CCA route, incredibly, debts are sold on without a single piece of original agreement paperwork ever changing hands, they are stored by the original creditor, and they should keep them a maximum of 6 years, but things happen, agreements get lost, mis-filed, damaged, burnt, etc so they cannot always produce them when asked.
The consumer credit act is a lovely piece of legislation, its there for both the creditors, and your own, protection.


Sec 77/79 CCA 1978 covers the requesting of credit agreements, for credit card accounts, and loans, a creditor has 12 plus 2 days in which to comply, whilst he is complying, the agreement cannot be enforced through the courts, so no payment need be made.
If the creditor does produce a legible copy of the agreement that is compliant, then that is the end of the matter, but if they don`t, then the account cannot be enforced through the courts until they do, however long that may be.


In that scenario you could choose to just walk away and stop paying, or you could use the lack of a credit agreement as leverage to obtain a good discount to settle once and for all.
Remember, this is one of your statutory rights, so making such a request cannot be held against you.

nicsam

Thanks ever so much for your replies.
I will get CCA and contact "in writing only" letters in the post on Monday morning and go from there.
Thanks again.

nicsam

Hi.
Just looking for a bit more advice please?
So PRA Group got back to me with two letters. One confirming they would contact me by letter only as long as i communicate with them (but must not fall out of contact for a period of 2 months) and contact them for an account review. Do i have to do this account review every 6 months?
The other letter informed me that they have requested the CCA and my account will be on hold and will cease any further collection activity until further notice. However, i have since received another letter asking me to contact for an account review, and then today i see that they have still taken the £40 payment out so are still making collections. Are they allowed to do this?
I am going to be writing to them again today but just wondered where i stand from a legal point of view? Surely if they say the account is on hold they shouldn't be continuing to hassle me with account review letters and then still taking payments.
Your help is really appreciated.

nicsam

Also any advice on how to word my letter today would be appreciated. Thank you.

sourcrates

Hi,


Letters cross in the post, and PRA is a big company, its not unheard of for more than one person to be dealing with an account, and each of them been oblivious to each other.

How have they managed to take a payment from you ?

Do they have your card details ?

You should only pay them via online banking or a standing order, that you have control over, not them.


The CCA request "Hold" overides everything else.

nicsam

Thank you.
I have a direct debit with them that i assumed they would stop. I realise now i should have stopped that myself.
Do you recommend writing to them?
Many thanks.

nicsam

Is this ok?
Thank you for your letter dated 17.01.19 in which you confirmed receipt of my letter requesting a copy of my credit agreement and a full breakdown of my account including any interest or charges added.

In said letter you stated that until you are able to provide me with this information my account will be on hold, which will cease any further collections activity.
However, today you have taken £39 from my account by direct debit. Therefore I am going to cancel the direct debit until you can provide me with the requested information.

Can I also request that letters asking me to contact you for an account review are stopped until the above information has been provided?

Suseka97

nicsam wrote: »

Thank you.
I have a direct debit with them that i assumed they would stop. I realise now i should have stopped that myself.
Do you recommend writing to them?
Many thanks.

All you need to do at this point is stop your direct debits and wait to see whether they can provide you with compliant paperwork. It took the PRA group over 6 months to let me know that they were unable to provide and in the meantime I made no payments whatsoever.

As to the question of the 6-monthly reviews, as Sourcrates has already said - they cannot make you do anything and if they do return with complaint paperwork, then just carry on with your £40 payments and maybe just do an annual review, by sending a letter with your I&E - which can be the same one you sent before if that's what you want to do and you are happy to carry on paying £40 until its cleared.

sourcrates

nicsam wrote: »

Is this ok?
Thank you for your letter dated 17.01.19 in which you confirmed receipt of my letter requesting a copy of my credit agreement and a full breakdown of my account including any interest or charges added.

In said letter you stated that until you are able to provide me with this information my account will be on hold, which will cease any further collections activity.
However, today you have taken £39 from my account by direct debit. Therefore I am going to cancel the direct debit until you can provide me with the requested information.

Can I also request that letters asking me to contact you for an account review are stopped until the above information has been provided?

Suseka97 wrote: »

All you need to do at this point is stop your direct debits and wait to see whether they can provide you with compliant paperwork. It took the PRA group over 6 months to let me know that they were unable to provide and in the meantime I made no payments whatsoever.

As to the question of the 6-monthly reviews, as Sourcrates has already said - they cannot make you do anything and if they do return with complaint paperwork, then just carry on with your £40 payments and maybe just do an annual review, by sending a letter with your I&E - which can be the same one you sent before if that's what you want to do and you are happy to carry on paying £40 until its cleared.

Just cancel the DD as advised above, thats all you need to do.