PRA Group

Stretchorama

Hi,
Looking for some advice regarding PRA and saw another thread which has helped a lot but I'm looking for a wee bit more information.
I'm in a debt management plan and over the last few weeks I've been in a position to clear all my debts bar one, yes the one with PRA group. The debt management plan is still running but only for PRA. I called PRA last night and offered to pay £3000 towards a debt of £7000 with possibly a wee bit wiggle room. Not interested was the reply, it has to be paid in full I was told.
Now to my questions. At the moment the Debt management plan pays £140 per month to this debt which I was told last night is non enforceable. Do I go back to the DMP company and get them to try and negotiate a settlement on my behalf? Do I continue to use the DMP paying £140 per month to this debt? Or do I leave the DMP and stop paying PRA and wait until PRA contact me?  Do I also let them know I've moved home?

I hope this all makes sense and thanks for any help forthcoming.

Cheers

Suseka97

When you mention that you were told the debt was unenforceable - can you embellish?  Did you send off a CCA request and the PRA group have confirmed it's UE?  If that's the case then the best thing to do is to stop paying them for now and stop the DMP.   
The PRA group are not amenable to F&Fs from the outset, but over time they may consider discount offers.  I would also make sure they have your correct address details, so that if at some point in the future they wanted to start any court action (which is unlikely, but you can never be certain) you don't end up with a CCJ by default. 

Stretchorama

Suseka97 said:

When you mention that you were told the debt was unenforceable - can you embellish?  Did you send off a CCA request and the PRA group have confirmed it's UE?  If that's the case then the best thing to do is to stop paying them for now and stop the DMP.   
The PRA group are not amenable to F&Fs from the outset, but over time they may consider discount offers.  I would also make sure they have your correct address details, so that if at some point in the future they wanted to start any court action (which is unlikely, but you can never be certain) you don't end up with a CCJ by default. 

Hi,
We've had the DMP for 9 years and after selling our house we had money available to pay of our creditors so we got in touch with all our creditors and negotiated a settlement figure with them all via telephone conversations. The one that was left was the biggest debt with RBS which PRA Group have bought?
I called PRA last night and tried to negotiate a settlement figure. During this chat the lady I spoke to mentioned that the debt was unenforceable (I had no idea what that meant but Google is your friend ) I did mention I had a DMP and I intended to cancel it but wished to still pay off my debt so could I just keep paying the £140 a month I was paying to the DMP and pay it to PRA instead. She said this could be done. But after a chat with my wife, and a wee think I decided to post on this forum to get some expert advise which you have given me. I'm in Scotland so I'm unsure what the equivalent to the CCJ is here?

So to summarise I should stop the DMP? stop paying PRA?  tell them my new address? Then sit back and wait on them contacting me? 

Cheers
G

Suseka97

Hmm... I find it rather odd that PRA would say that the debt was UE so easily especially when you had not previously solicited such a response.  I have to admit I've never heard of that before - usually folks send off CCA requests to the DCA and get written confirmation that the debt is UE.  You really could do with something in writing, especially as you intend to stop paying them.  Which would be the thing to do if it is definitely UE.  Also, who is your DMP with - I its hope not a fee charging company.  

Really your next steps hinge on knowing for sure the debt is UE and then yes, you would then stop the DMP and all payments to PRA.  The reason I said to make sure they have your proper address is because you can be sure that you keep ahead and aware of anything PRA might do to collect on the outstanding balance.  Sometimes DCAs keep digging for paperwork and eventually will find what they are looking for or may try it on with court action, even though they know its UE, which you need to be able to head-off.  

I don't know what the difference is in terms of debt collection between Scotland and the UK - but I'm sure others will jump on to advise.

Stretchorama

She was very pleasant on the phone and definetly said it was UE. I'll maybe compose a CCA or maybe I'll send an email asking about UE and giving them my new address what would you recommen?  As I said previously I'm new to all this jargon and debt management.
The DMP company is/was Stepchange who were recommended from this site all these years ago. 
I've again used Google  regarding CCJ and they came up with there called decrees in Scotland. It won't let me post a link as I'm new. 😔
 
I'm sorry if I'm coming across as daft, but I just want to get the best advice possible so I can finally be debt free. 
Thanks for all the information so far it's really appreciated. 
Cheers
G

sourcrates

In Scotland the Limitations period is 5 years, could there have been a 5 year period with no payments at all ?

But then that would not make sence, as the debt would be extinguished under scottish law, and PRA would be forbidden to collect on it, I`d send CCA request and see if that confirms what she told you, if thats the case you can just walk away and pay nothing,.

Suseka97

Yes, I agree with Sourcrates - it's the first I've heard of a DCA fessing up that a debt is UE when you've not sent a CCA request in.  But clearly something's going on, so best to get it in writing by sending a formal CCA request.  Wait to see what comes back and then take it from there.  In the meantime, if the PRA debt is the only one left on your DMP then tell StepChange you intend to cancel and go self-managed and stop payments until you know for sure where you stand.  

You'll obviously have to give PRA your current address for them to contact you with either written confirmation of the UE status or otherwise.

Good luck  

Stretchorama

Hi everyone,
Thanks very much for all the information. I can say hand on heart she said it was UE. I had no idea what she meant but I was taking notes all the time I was talking to her and when I was finished I Googled it.  
I've sent away the standard CCA letter with a £1 postal order enclosed and I await there response. I've also given them my new address.
The PRA debt is the only one I have to pay and StepChange have been informed that I'll be taking over the dealings with PRA and thanked for their help over the years.

Again all the help is really appreciated, and I'll let you know when I hear from PRA.
Cheers
G

Stretchorama

Hi Guys,

Quick update. I received a letter from PRA on Saturday requiring my name DOB and previous address, which I thought I had enclosed with my CCA letter obviously not.
Called PRA this morning and spoke to a young man on the phone, who if truth be told didn't appear to any idea what I was talking about. Anyway I gave him my name DOB and previous address I then had to explain to him about a CCA and why I had sent the CCA request. He then very casually and without any prompting from me, told me that this debt is UE. I asked him to repeat what he had said, this time with the speaker on and again with my wife as a witness he said this debt is UE. He put me on hold for a couple of minutes (no idea why?) came back and said they will get the paperwork to me and the next time they'll be in touch is when they have the paperwork. I said they should be in touch with me within 12 days (is this correct?) He then repeated they'll be in touch when they have paperwork for me.

I'm sorry if I sound like a dafty. I've never had to deal with stuff like this before, and I just want to get this right.

Thanks again guys.

Suseka97

Well that does sound positive, but what I take from that is they will get back in touch with you when (or more likely, if) they can locate paperwork that proves the debt is enforceable.  
For now I'd just park that one and see what happens next - they should formally respond in respect of the CCA request.

sourcrates

Well there are only two ways a debt can be unenforcable.

(1) either it has passed limitation

(2) or they cannot locate paperwork for it

So which do you think it is, the issue with paperwork would not be raised until you requested it, as their systems already stated it was UE it must therefore be statute barred, i did ask previously if you were in Scotland, are you ?