Letter from PRA telling me debt is unenforceable

Exodi

Suseka97 wrote: »

this debt won't be if the OP has been making payments via a DMP

[Deleted User] wrote:

Except that the op has continued to make payments

Doh, you're both right, I clearly didn't read the OP properly.

DebtfreeDreaming

Thanks everyone for you advice.

I need to be in touch with PRA to arrange my payments for my overdraft - is there a letter template or something I can send them to say that while the loan account is unenforceable I won’t be paying?

And if I increase my payments on other the debts, are the other creditors likely to accept lower offers again in the event of the loan becoming enforceable and therefore starting up payments again?

DebtfreeDreaming

Oh and yes I have always made monthly payments since 2010 so no statute barred...

Just_Di

DebtfreeDreaming wrote: »

NatWest have recently sold my loan & overdraft on from Wescot to PRA. Received a letter from PRA telling me that the loan account is “currently classed as unenforceable” but the balance remains payable and they will let me know if the account changes status.

Can you clarify whether you've received two separate letters (Notice of Assignment) i.e. one for the NatWest loan and different one for the NatWest overdraft? Or was there only one NOA with a new reference number?

If NatWest amalgamated (combined) the two products before assigning them to PRA that might have an impact on their enforceability.

If they were amalgamated then s77 CCA would apply to both (if they're combined) regardless of the fact one element of the 'new' debt relates to an overdraft.

My suggestion would be to send a Subject Access Request to NatWest (it's free) to get the full history of the account particularly the activity leading up to the assignment.

You will also see from the SAR whether NatWest have the loan agreement in their files.

When (what year) did you take out the loan and how many months was it for at the time?

Did you have PPI on the loan? Most NatWest loans did. If so you may be able to make a claim for misselling direct to NatWest who should refund you direct. If that happens you may receive funds to pay towards the overdraft or other creditors.

Sometimes (I've seen it recently a lot) the original creditor will tell you that they'll pay any PPI refund direct to PRA to reduce the balance. That's wrong and you can challenge it all the way to the FOS

Di

aka666

had the same has op, 2 letters 1 from natwest telling me they sold my loan, 1 from pra saying they bought the loan but its unenforceable but i still owe money, i have sent cca request and stopped paying, this was 2 days ago and pra all ready tried phoning 10 times, all ready had ccj and been paying natwest for 7 years.

DebtfreeDreaming

Hi Di

Thank you for your reply.

I received two assignment letters, one for the loan and one for the overdraft, each with a separate account number.

The loan was taken out in Jan 2008 for a term of 84 months.

I was told I had to take the PPI to get the loan but cancelled the insurance the following month. Although on the personal loan agreement I can see PLP and I’m not sure whether this would of been cancelled too or if I have been paying it...

In May 2018 I received a letter from NatWest saying they are reducing my arrears on the loan by £2198 because of mistakes they had made by not sending regular loan statements and by not sending a NOSIA.

I thought I had tried checking my PPI before but can’t remember how I did it...

Thanks for your help

DebtfreeDreaming

I’m hoping someone can help...

As PRA have now purchased the debt, do I have to SAR PRA or can I still SAR NatWest?

Ideally I would like to find out what NatWest hold without alerting PRA...

PRA have sent me another letter today saying that it is still unenforceable but there is the possibility this will change to enforceable ‘if’ they receive the appropriate paperwork from the original creditor.

Ideally I would like to try and negotiate a low settlement and so I don’t want to stir the hornets nest....

Thanks!

fatbelly

You can SAR anyone you feel holds information on you. There's no fee.

DebtfreeDreaming

Thank you!