PRA Group

Stretchorama

sourcrates said:

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 ?

Hi,
I certainly am in Scotland and I did see your post about limitations which I didn't respond to, as you answered it later on in your reply. Sorry if you were expecting a reply .
I've spoken to the Wife and the StepChange plan has been going for 9 years, so I cant see how it's passed limitations/statute barred. However there's a bit of ambiguity regarding this, and were unsure how long we had this debt before we contacted StepChange. So it may well have passed the limitations/statute barred period as seems more likely given what you've mentioned sourcrates.  
Also if I'm understanding you correctly, they're not going to tell me it's UE when they have all the paperwork in place to enforce this debt. So my gut is telling me that it's the limitations.

Again guys thanks for all the knowledge you've passed on it's brilliant. If the pubs were open I would buy you pints/wine

Cheers
G

sourcrates

Stretchorama said:

sourcrates said:

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 ?

Hi,
I certainly am in Scotland and I did see your post about limitations which I didn't respond to, as you answered it later on in your reply. Sorry if you were expecting a reply .
I've spoken to the Wife and the StepChange plan has been going for 9 years, so I cant see how it's passed limitations/statute barred. However there's a bit of ambiguity regarding this, and were unsure how long we had this debt before we contacted StepChange. So it may well have passed the limitations/statute barred period as seems more likely given what you've mentioned sourcrates.  
Also if I'm understanding you correctly, they're not going to tell me it's UE when they have all the paperwork in place to enforce this debt. So my gut is telling me that it's the limitations.

Again guys thanks for all the knowledge you've passed on it's brilliant. If the pubs were open I would buy you pints/wine

Cheers
G

Then my guess is the debt has been extinguished under scottish law, this happens after 5 years of non payment or written acknowledgement.

In Scotland the debt no longer exists, so you do not have  to pay it, and they cannot ask you to pay it either.

So you can put this one to bed now permanantly.

https://www.scotlanddebt.co.uk/articles/personal-debt/statute-barred-debt-in-scotland

Stretchorama

Hi Guys,

Thought I would give you a quick update. 

After my call to PRA on the 17/11/2020 I've heard nothing more. I presume they can't find the paperwork, and I'll hear no more about this debt.

Again thanks guys very very helpful advice

Stretchorama

An update on the update. 😊
Letter this morning from PRA group (attached) looks like they don't have my paperwork? so hopefully I won't hear anymore? Is this the case?
They also very kindly returned my postal order. 👍

fatbelly

The ball is firmly in their court.

It's just a case of waiting now to see what (if anything) they come up with

sourcrates

They won`t have your paperwork, that was a guarenteed outcome, because when debts are sold, non of the original paperwork is sold with them, ever.

The new owner has no idea what they have bought until they start the collection process, and people challange them for evidence.

It could be the original creditor will provide what they have been asked for, in due course, so don`t celebrate just yet.

Suseka97

That's the 'holding' letter and what you should hopefully receive, at some point, is another letter which confirms they are unable to locate the paperwork and as such the account is 'currently unenforceable'.  The letter will also say something along the lines of the debt remains outstanding (which is true) and that they will continue to contact you with regards to making an arrangement to pay (which they will do, periodically).

What you may find is that eventually they will start to offer you a discounted price - but don't hold your breathe for any quick offers of that nature.  PRA are pretty stubborn when it comes to F&Fs, especially if its you instigating the offer.  So assuming it returns as UE, just file it away somewhere safe for the foreseeable future and see what happens further down the line.  By not paying or contacting them post the UE confirmation, you will start the statute barred clock ticking.

Stretchorama

Hi guys, 
I thought I would just post a wee update. Let me start by saying everything you guys have said has been bang on yo date. 
Just had a young man from PRA on the phone telling me this debt is unenforceable. But I'm still legally due this money and it would/could effect my credit rating. Then asking me what I'm going to do to pay this outstanding debt. I politely told him I'm going to be doing nothing about it. He then said we could come to some arrangement regarding this debt. I again politely said to him there will be no arrangement made on my behalf, and to have a good night.
I daresay with all the information you've given me. I'll get a phone call in a few months time going through the same routine. Or if they ever get the paperwork. That'll be sent to me.

Thanks again you're superb. 👍👍😊

sammyjammy

Stretchorama said:

Hi guys, 
I thought I would just post a wee update. Let me start by saying everything you guys have said has been bang on yo date. 
Just had a young man from PRA on the phone telling me this debt is unenforceable. But I'm still legally due this money and it would/could effect my credit rating. Then asking me what I'm going to do to pay this outstanding debt. I politely told him I'm going to be doing nothing about it. He then said we could come to some arrangement regarding this debt. I again politely said to him there will be no arrangement made on my behalf, and to have a good night.
I daresay with all the information you've given me. I'll get a phone call in a few months time going through the same routine. Or if they ever get the paperwork. That'll be sent to me.

Thanks again you're superb. 👍👍😊

Excellent news!

Suseka97

That is good news for sure - but I would also want something in writing from PRA.  So if you do not receive anything by the next time they call (assuming they do), you need to say that you want confirmation sent to you, as set out in the CCA request.  You should note the sentence at the bottom of pg.1 in the letter you posted above - that they could transfer your information onto a subcontracted debt collection agency.  So you want that UE letter for future reference.