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PRA group CCJ awarded

11 replies 352 views
pointandshootpointandshoot Forumite
3 posts
First Post
MoneySaving Newbie
Long story short. 
Ended up owing Barclaycard £1749.
After some time, started paying them 30 a month to clear. For some reason they sold it on to PRA group. I made an arrangement to pay them 30 a month. They say that was supposed to be on the 11th - I'm pretty sure it was set for the 30th as that was the same day I used to pay Bcard. I've raised it as an issue and they're 'investigating'. Anyway, the first payment went out on the 29th of Jan. They defaulted me after I missed it, have applied for and been granted a CCJ. Unfortunately it's gone to an old address I no longer live at. I never changed it as the arrangement was made so I didn't need to as far as I could see. They've provided a CCA at my request. I had a long, fairly heated chat with someone from their legal team yesterday. He contradicted himself several times, including when I asked if they'd been granted a CCJ based on a mix-up over dates, answering yes, then immediately tried to backtrack. 🤣
As part of yesterday's chat, he's put in a SAR on my behalf which is on its way. 
I don't particularly want a CCJ (I've worked hard to shift a lot of debt my ex left me) but I'm not sure whether there's much I can do about it now.
Anyone have any advice? 
Cheers. 
«1

Replies

  • edited 19 February at 2:01PM
    MEM62MEM62 Forumite
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    edited 19 February at 2:01PM
    Your options are limited at this stage.  Firstly, as you now know to your cost, there is always a point in keeping your address updated.  Perhaps it is understandable that those owing money do not want their creditors knowing where they live but a reluctance to keep your address updated carries a risk that is not outweighed by the advantages. 
          
    If you do not want the CCJ on your record you can pay within 30 days of the judgement date and it will not be appear on your credit history.  Alternatively, if you feel that it has been wrongly awarded you can request a set-aside and fight your case.  There are costs involved and you must show that you have a credible defence when he case is re-heard in order for a set-aside to be considered.    
  • edited 19 February at 4:37PM
    sourcratessourcrates Forumite, Board Guide
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    edited 19 February at 4:37PM
    I`m a tad confused here, you say you missed payment in January, January this year ?

    You then go on to say they defaulted you, that is unlikely, as the debt will have been defaulted long before sale to PRA, but for the sake of argument, that process takes up to a month or more.

    Then you say they were granted a judgement in default, and all within 20 days ?
    The time scales you quote are impossible, and simply would not happen.

    The civil procedure rules set out a timeframe for legal action, the first step is a "letter before action" LBA, this is a questionnaire type document that allows you 30 days in order to respond, then a few weeks would pass due to procedures/workload etc, the next step would be a claim form, which again allows at least 14 days for a response, then the claim would be put before the court, this can take up to 3 months to be heard, there is simply no way all of this can happen within 20 days.

    Can you please clarify if i have missed something ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • nic_cnic_c Forumite
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    Barclaycard like many financial firms will sell on defaulted debts of a certain age, even if you are paying.
    As Sourcrates states more info needed.
    If PRA contacted you and you agreed a plan, was this to your old address, if so how did you get the letter. Or had you moved since?
    If they contacted you at your current address but then subsequently served papers to an old address that could be valid reasons for set aside.
    When agreeing a DD you will have been given notification of the date and amount, so when you were told 11th why did you not change it then if you expected the 30th. When the DD bounced and your bank told you, why did you not contact them then.
  • John_John_ Forumite
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    What advice are you looking for? If you want advice about how to find the money to clear the judgement then posting a statement of affairs on the debt-free wannabe forum is a good way to start.
  • pointandshootpointandshoot Forumite
    3 posts
    First Post
    MoneySaving Newbie
    Yes, the first payment was due on the 11th of Jan according to them. I set a standing order for the 30th of Jan as I'm fairly certain that was the date I agreed. My m-i-l pointed out exactly what you've said - the whole process takes longer than like a month. In that case, PRA group MUST have applied for the CCJ long before the first payment was due. Once I have the SAR in hand, I should be able to prove when they applied for it. Does that then give me enough of a defence to maybe get it set aside? I paid the payment on the 30th as arranged. Do I contact them or contact the court? 
  • sourcratessourcrates Forumite, Board Guide
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    Did you not receive any paperwork in relation to this court claim ?
    If not, what address was it sent too ?
    Does the judgement show on your credit file, or on the register of judgments ?
    If so, check the date, that will tell you all you need to know, I suspect judgement was granted long before January.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • ciderboy2009ciderboy2009 Forumite
    687 posts
    Tenth Anniversary 500 Posts Car Insurance Carver!
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    What exactly was it that made you decide to come to an arrangementwith PRA?  Was it receipt of a claim form from the court?
    I'm a bit concerned that , if you contacted them after the claim had been issued, then any application to set aside may have problems.
  • SnowTigerSnowTiger Forumite
    4.2K posts
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    Long story short. 
    Ended up owing Barclaycard £1749.
    After some time, started paying them 30 a month to clear. For some reason they sold it on to PRA group. I made an arrangement to pay them 30 a month. They say that was supposed to be on the 11th - I'm pretty sure it was set for the 30th as that was the same day I used to pay Bcard. I've raised it as an issue and they're 'investigating'. Anyway, the first payment went out on the 29th of Jan. They defaulted me after I missed it, have applied for and been granted a CCJ. Unfortunately it's gone to an old address I no longer live at. I never changed it as the arrangement was made so I didn't need to as far as I could see. They've provided a CCA at my request. I had a long, fairly heated chat with someone from their legal team yesterday. He contradicted himself several times, including when I asked if they'd been granted a CCJ based on a mix-up over dates, answering yes, then immediately tried to backtrack. 🤣
    As part of yesterday's chat, he's put in a SAR on my behalf which is on its way. 
    I don't particularly want a CCJ (I've worked hard to shift a lot of debt my ex left me) but I'm not sure whether there's much I can do about it now.
    Anyone have any advice? 
    Cheers. 
    Are you sure the default and CCJ didn't occur some time ago?

    The timescale you've given here doesn't make sense.

    My guess is that both did happen sometime ago.  Documents were sent to your last known address.  Since then PRA Group have showed some initiative and tracked you down to your new address.
  • pointandshootpointandshoot Forumite
    3 posts
    First Post
    MoneySaving Newbie
    I made an arrangement to pay PRA as Barclaycard sold it to them. They wrote to me at my old address and I said fine, but I want to see the CCA. Always worth asking - if they couldn't provide they'd have been told to do one. They provided it late Nov/early Dec. Once received, I rang up to make arrangements to clear it. As an arrangement had been made and I stuck to it, I didn't change my address. They didn't track me down - I gave them my new address to send the SAR to. Why would they apply for a CCJ if the arrangement hadn't been made yet? Surely I should have the opportunity to pay (which I intended to, and still will do so) before they applied for a CCJ? 
  • edited 22 February at 7:23PM
    sourcratessourcrates Forumite, Board Guide
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    edited 22 February at 7:23PM
    We still have not had answers to the following : 

    What is the default date for this account ? (check your credit report).

    Does the judgement show on your credit file ?

    Is it registered here : https://www.trustonline.org.uk/?

    Until you clarify otherwise, its quite possible there is no CCJ, never take the word of a debt collector, always check yourself, they are trained to confuse and contradict, and will say literally anything to you on the phone in order to get money out of you, that is why its seldom productive to phone them.

    Where debt is concerned, communication should be in writing only, as its your only guarantee correct procedure is adhered too.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
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