PRA Group

svl2504

Last year I agreed a repayment plan of £45  a month on a Barclaycard debt of approx £3500. I have had a letter today saying it has been sold to PRA Group. 

I am in a position to continue paying the £45 a month to PRA group but my two questions are 1 - will they accept it? (I'm not able to settle in full) and 2 - should I pay it? I've read about unenforceable debt etc but I don't  want to be inundated with letters and phone calls?

Any advice welcome!

Thank you 

[Deleted User]

If it's all you can afford, then you just keep paying it. 

They'll ask if you can pay off the debt faster and you can go through an affordability check. 

D3xt3r5L4b

1. Yes. But you should be paying more to clear it down 
2. Yes. You owe it so pay it. 

adamp87

D3xt3r5L4b said:

1. Yes. But you should be paying more to clear it down 
2. Yes. You owe it so pay it. 

Now that the damage has been done (defaulted) & sold on as long as payments are made it’s not an issue for OP. £45 is a lot to most people who are paying back these sorts of debt I’d imagine.

I’d say you have nearly no chance of it not being enforceable at the moment, it’s only just recently been sold on so I wouldn’t be going down that road 

D3xt3r5L4b

adamp87 said:

D3xt3r5L4b said:

1. Yes. But you should be paying more to clear it down 
2. Yes. You owe it so pay it. 

Now that the damage has been done (defaulted) & sold on as long as payments are made it’s not an issue for OP. £45 is a lot to most people who are paying back these sorts of debt I’d imagine.

I’d say you have nearly no chance of it not being enforceable at the moment, it’s only just recently been sold on so I wouldn’t be going down that road 

It’s still enforceable as it’s being acknowledged by way of payment. 

svl2504

Thanks all. Happy to keep paying what I've agreed, I was just worried they wouldn't accept it.

sourcrates

Paying a debt does not mean it is enforcable, a debt is only enforcable if a copy of the credit agreement can be provided by the creditor, remember, the original paperwork always stays with the original creditor, in your case Barclaycard.

How long did you have the account with Barclaycard for ?

When a debt is sold, its always best practice to assertain your legal position by requesting a copy of the credit agreement, just so you know PRA group are acting withing the law, if they can`t provide it via the original creditor, then the debt cannot be enforced through the courts.

If you wish, you can make a request to PRA group under sec 77 CCA 1974, for a copy of your original loan agreement, they do not have to provide the actual piece of paper, a reconstituted copy derived from sources they keep on file is acceptable, and should not be too much of a problem to provide, yet supprisingly PRA group are renowned for not been able to comply with such requests.

So the choice is yours, if you wish to be proactive, the National Debtline sample letter can be found here -

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx

Should they be able to comply with the above, then you advise them how much they will be paid, according to your available budget, affordability is the key issue these days, you only pay whats affordable.

[Deleted User]

sourcrates said:

Paying a debt does not mean it is enforcable, a debt is only enforcable if a copy of the credit agreement can be provided by the creditor, remember, the original paperwork always stays with the original creditor, in your case Barclaycard.

How long did you have the account with Barclaycard for ?

When a debt is sold, its always best practice to assertain your legal position by requesting a copy of the credit agreement, just so you know PRA group are acting withing the law, if they can`t provide it via the original creditor, then the debt cannot be enforced through the courts.

If you wish, you can make a request to PRA group under sec 77 CCA 1974, for a copy of your original loan agreement, they do not have to provide the actual piece of paper, a reconstituted copy derived from sources they keep on file is acceptable, and should not be too much of a problem to provide, yet supprisingly PRA group are renowned for not been able to comply with such requests.

So the choice is yours, if you wish to be proactive, the National Debtline sample letter can be found here -

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx

Should they be able to comply with the above, then you advise them how much they will be paid, according to your available budget, affordability is the key issue these days, you only pay whats affordable.

The OP knows they owe the money, they are happy to pay an amount they can afford, and here you are, yet again, "helping" people to find ways to not pay the debt they legitimately owe. Someone should change the name of this website to helpavoidingwhatyouoweexpert.com. 

sourcrates

Camelot1971, Simple fact, if PRA cannot provide evidence of this debt, then they have no legal right to ask him to pay it.

The fact he is willing to pay it is of no consequence, at no point did i suggest he should not pay, sec 77 is an extremely important slice of legislation in assertaining your legal position.