PRA Group - CCA Request Not Complied What Next

themadhouse

Hi all, I am desperately trying to get PRA Group off my credit file by settling but they are offering little to no discount. I was advised to send a CCA request (which I did on 29th Feb 2020) to put me in a better negotiating position. I received a response acknowledging my letter but no information requested in the CCA request has been sent at all.

What happens next? Can I try and have it removed from my credit file? Am I in a better negotiating position and how do I approach this with PRA?

They are very difficult to deal with by email and I get no where - just constant replies asking to confirm information that was already contained in the first email.

Thanks in advance :-)

[Deleted User]

It won't come off your credit file, but it will remain unenforceable if they cannot fulfil the CCA request.

Willing2Learn

Since PRA did not send you a 'true copy' of your CCA agreement, the account becomes unenforceable until they do and you are not required to make a payment.  You could put the debt repayment money into a savings account as they may find the correct paperwork a few months down the line.

You have a choice on what to do with an unenforceable account.  You can either withhold payment or you could use the unenforceability as leverage to negotiate a low settlement offer.

themadhouse

My preference would be to negotiate a reduced settlement figure and get it off my file. Any advice on how to best go about this?

Willing2Learn

Use the Full and Final Settlement offer letter template from National Debtline as it covers everything...
https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

Wait a few months first though.  See if they can find the correct paperwork.  If they can't then you go in with a very low offer.

themadhouse

Thank you very much

D3xt3r5L4b

A settlement offer doesn’t mean it gets removed from your files - that’s at the lenders/collectors discretion to do so

themadhouse

But it would form the basis of an agreement to settle surely, and based on the template?

PaulW922

I doubt very much that any lender (or vulture fund that has bought the debt) would agree to remove it from your credit file as part of the settlement. If the information is accurate they will say there are no grounds. 

nic_c

Willing2Learn said:

Since PRA did not send you a 'true copy' of your CCA agreement, the account becomes unenforceable until they do and you are not required to make a payment.  You could put the debt repayment money into a savings account as they may find the correct paperwork a few months down the line.

You have a choice on what to do with an unenforceable account.  You can either withhold payment or you could use the unenforceability as leverage to negotiate a low settlement offer.

No it does not become unenforceable unless the debt was one regulated by the CCAct. OP, you don't say what the debt was or who advised you to ask for a copy of the agreement. Telling people to insist on a CCA otherwise its unenforceable is bad advice that simply ends up with them getting a CCJ.

@themadhouse, when you asked PRA, what did they say?
What type of debt is it, wasit a loan or credit card,where you are provided with a "credit facility", or something like a mobile?

Willing2Learn

nic_c said:

Willing2Learn said:

Since PRA did not send you a 'true copy' of your CCA agreement, the account becomes unenforceable until they do and you are not required to make a payment.  You could put the debt repayment money into a savings account as they may find the correct paperwork a few months down the line.

You have a choice on what to do with an unenforceable account.  You can either withhold payment or you could use the unenforceability as leverage to negotiate a low settlement offer.

No it does not become unenforceable unless the debt was one regulated by the CCAct. OP, you don't say what the debt was or who advised you to ask for a copy of the agreement. Telling people to insist on a CCA otherwise its unenforceable is bad advice that simply ends up with them getting a CCJ.

It was me who suggested that the OP submits a CCA request.  I stated that I normally submit a CCA request for older accounts.  (I believe the relevant debt was for a Lloyds account that was opened in 2004 and defaulted in 2016.).  I never asked whether it was for a for a Lloyds loan or an overdraft.   I simply expected the OP to research on CCA requests to ensure that this legislation is used correctly and to return with any further questions if anything was not clear.