Advice please : PRA chasing a 5 year old debt

BCH_2
BCH_2 Posts: 19 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 20 January 2021 at 3:01PM in Debt-free wannabe
Hi forum, 
I would like some advice about what to expect from the DMC called PRA. 
Debt: OD from HBOS (£500)
CC from HBOS (£6k)
DMP from 2013 to 2016 (stopped paying it, settled most of them, ignored the above two). 
So no payments or contact directly or indirectly via DMC for 4 1/2 years.
Can't recall much chasing from HBOS but it was defaulted in 2013 so no longer on Credit Report. 
HBOS now sold to PRA. In 18 months this will be statute barred. 
So questions would be:
If I speak to PRA it will reset the clock on the 6 years?
Are they likely to register this debt with the CRAs? 
They cannot default it, or if they do it needs to be the original date (2013), so no negative impact? 
If I try for a F&F settlement offer, will they mark my credit file as settled, would this be a negative impact if I did? 
What is the likelihood of them taking me to court if I continue to ignore them?
If they do, do they have to do this before 6 years expire?
Thanks for your help! 

Comments

  • adamp87
    adamp87 Posts: 892 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    I’m very confused the top of your post is unclear.

    When did you last make a payment to it? That determines when it will be SB.

    Is it £500 or £6500?

  • BCH_2
    BCH_2 Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 20 January 2021 at 3:30PM
    Hi, it's two debts, both from HBOS, one for an OD and one for a CC. OD = £500 and CC = £6K. Each has been presented by PRA seperately to me, each assigned it's own reference. 
    They will be Statute Barred in June 2022.
    It was more the other questions I was looking for help with on how best to proceed with it. 

    Thank you 
  • sourcrates
    sourcrates Posts: 31,098 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 20 January 2021 at 3:34PM
    PRA Group are a debt purchasing conglomerate, they buy up large portfolio`s of bad debts, in bulk.
    You can only acknowldge a debt in writing, verbal comms do not count.
    No, they are unlikley to report this account to the CRA`s, as the original default has long since gone from your file.

    PRA will go through there standard series of collection letters with you, depending how you respond, will determine how they deal with you.
    Have they written to you ? if/when they do, respond with the "PROVIT LETTER" available from the sticky thread on DFW.
    Never take for granted they have compliant paperwork, always ask for proof of liability, without it, the debt is unenforcable.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • BCH_2
    BCH_2 Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 20 January 2021 at 3:52PM
    Thanks Sourcrates. Hoping to buy a house this year and my credit file is OK for now (touch wood!).
    They have clearly done a trace on me and found my current address, and they've sent me a bog standard opening letter.
    The amounts and the references do check out so I assume it will be in order but if it escalates I will be certain to use a Prove It without admitting liability. 
    It does have an official cover letter sent to me via them from HBOS that basically says "we've assigned your respective rights" (sold as I understand it). Is this letter really from HBOS or is it PRA being "clever"?
    I will not contact them in writing for now, or speak on the phone for that matter for now. 
    Should their end be in order, they indeed can "Prove it"...do PRA have form for escalating and issuing CCJs or are they likely to not let it get that far and by June 2022 it'll be statute barred?
    One final question: if I speak with them and agree to pay, part pay, or payment plan to avoid a CCJ - would they open a new file on my credit report showing "An arrangement to pay" or any other marker?

    Thank you
  • sourcrates
    sourcrates Posts: 31,098 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Creditors and debt buyers work hand in hand, you should ask for proof as a matter of course.
    Yes they do get litigious, but should be open to an arrangement.
    Nothing should appear on your credit file, as the original entry has long gone, a CCJ would of course show, if they went down that route.
    If anything is recorded, you would have cause for complaint.
    Asking for proof of the debt, automatically puts the account on hold, and it can take them many months to comply, bare that in mind with regard to the debts statute barred status.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • BCH_2
    BCH_2 Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 20 January 2021 at 4:11PM
    Thanks again Sourcrates. My feeling is to let them work a bit harder. See where the tone goes with the letters, and work out what to do later. If I can string them along for a few months, get a mortgage in place, it'll take a bit of worry away as to what they might do!
    Sorry, two final questions just so I'm clear: if they do get litigious, they'll give me fair warning won't they? I won't just one day get a court summons!?
    And to be certain (again sorry) if I do put an agreement to pay in place or settle, this wouldn't be recorded on the CRAs - just want to make sure 100% for sure! 
    Thank you 
  • sourcrates
    sourcrates Posts: 31,098 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 20 January 2021 at 4:19PM
    They must follow the civil procedure rules, legal action is preceded by a “letter before action”.
    This is a questionnaire type document designed to avoid further action, by coming to an agreement at this stage, you have 30 days to respond to this letter, so plenty of warning.

    If the default has dropped off your file, it will not come back, nor will any further information be recorded about the account, no matter what you do.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I have an alleged debt with PRA, i sent them the provit letter about 3 and1/2  years ago, they replied after a few months saying they were waiting for paperwork and until then the debt is unenforceable. i now just get as statement from them every couple of months. Hoping they never get the paperwork.
  • lantanna
    lantanna Posts: 4,471 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They sent me an unenforceable letter last year, now they’ve sent me one to say they’ve turned up my e sign and terms and conditions and now the debt is enforceable. Any advice on what to do? Or what I can do or what they are likely to do ? 
  • lantanna said:
    They sent me an unenforceable letter last year, now they’ve sent me one to say they’ve turned up my e sign and terms and conditions and now the debt is enforceable. Any advice on what to do? Or what I can do or what they are likely to do ? 
    demand to see it, then get it checked out by someone that it is fully complaint then decide, I was originally sent a so called agreement but i queried it in that it didnt show what was needed, they then sent me a letter saying they were waiting for it, that was nearly 4 years ago,
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