Full & Final Settlement Advice Please

sourcrates

Cases have been won in court due to the fact the supplied copy of a supposed credit agreement was illegible, the company solicitor could not read it, the judge could not read it, case dismissed.

rolly76

I have a debt with PRA Group from Barclaycard, I accrued this debt when I split with my sons father and was unable to maintain payments, the CC defaulted and was sold to PRA. It is a £5k debt, I have offered £2K as a F&F offer. I have supplied them with Police records as I was receiving trouble from my sons father who was harassing me and also a restraining order. I was also not able to claim child support from him as he was a NON UK resident and as such not touchable in the UK. This impacted my finances massively.  The debt is four years old now.  I have sent an Email with evidence and some quotes that domestic abuse victims are more likely to end up in debt, I would like this default removed from my credit file.

sourcrates

rolly76 said:

I have a debt with PRA Group from Barclaycard, I accrued this debt when I split with my sons father and was unable to maintain payments, the CC defaulted and was sold to PRA. It is a £5k debt, I have offered £2K as a F&F offer. I have supplied them with Police records as I was receiving trouble from my sons father who was harassing me and also a restraining order. I was also not able to claim child support from him as he was a NON UK resident and as such not touchable in the UK. This impacted my finances massively.  The debt is four years old now.  I have sent an Email with evidence and some quotes that domestic abuse victims are more likely to end up in debt, I would like this default removed from my credit file.

Unfortunatly PRA Group have a bad reputation for being inflexible.

If its a complete write off and removal of default information you are after, due to domestic abuse, you should not be making settlement offers to PRA, but instead sending an official written complaint to Barclaycard, outlining your concerns.

As the original creditor, it`s up to them to put things right for you.

PRA Group are just a 3rd party debt purchasing company who were not even involved at the time, so if there is a complaint to investigate, Barclaycard will likely take the debt back from PRA  whilst this is actioned.

rolly76

Thank you, I will write to Barclaycard and see what they say.

rolly76

I have had success!  PRA Group have accepted my full and final offer of £2k on a £5k debt, and they are going to remove the default from my credit file as they debt was accrued under domestic violence.  They were really good. I am so pleased.

fatbelly

Well done!

Firefarie71

That's great. I think they had no choice considering the evidence you presented to them. They  would have received some very bad press if they hadn't accepted and you decided to take it further. Good for you! 

sourcrates

Yes well done there, good result.

Firefarie71

@fatbelly @sourcrates I hope you are both well

Just putting on an update and hoping for some further advice please. 

I wrote to PRA offerering a full and final settlement. It was 45% of the debt. 

Of the 3 debts I have with then (2 x £4k and 1x £700) they offered 10% off the large debt and 5% off the small one.

I have now written to LINK Financial to offer them a settlement of 50%. I have 3 debts with them. My total debts with them are £2800 and I've offered £1400. Am awaiting a reply.

So... my question is:

Do I write to PRA and ask them to provide a legible copy of the CCA that was originally the debt with MBNA? (The font is too tiny to read with naked eye and blurry when magnified using my phone camera) If they fail to produce that, do I consider the debt unenforceable, stop paying them for a few months and see if they offer a lower settlement?

I consider the debt that was with Barclaycard unenforceable as their reconstituted 'CCA' doesn't contain my name and address on it. Should I stop paying this one now? 

I know I will have to ask Stepchange to stop paying them and remove those debts from my DMP. 

Any advice welcome and appreciated. Thank you 

fatbelly

PRA are notoriously difficult to deal with so yes your plan is good.

Barclay are allowed to reconstitute an agreement without a signature but it should have your name/address at the time of the agreement. As the goal is to get a better deal I think playing hard with them is not a bad strategy