Question re CCA Request

Sidney_31

Hi everyone

I have a quick question regarding a CCA request, I have done a search of the forum but am worried about doing the wrong thing so just wanted some of your expert advice!

I have been self-managing my DMP since 2016, debt started off around £47,000 and is now down to £22,000. All debts defaulted around 2016/2017 and are now all off my credit file. My biggest remaining debt by far is £10,500 which I originally owed to MBNA, but is now with PRA Group and has been for several years. I am paying them £100 a month and have paid £6,938 to PRA since they took the debt over.

My question is, is it worth me requesting a copy of the CCA from PRA Group? It feels so disheartening to have such a large debt remaining that will still take years to pay off at £100 a month. I don't have a lump sum I could offer them as a full and final. I suppose I am just worried that me requesting the CCA now will make the debt reappear on my credit file or something (even though I am sure this is not the case)? If they can produce the CCA I can carry on paying the £100 a month but if they cannot produce one, can I really just stop paying anything?

Thanks so much in advance for any help!

sourcrates

Sidney_31 said:

Hi everyone
My question is, is it worth me requesting a copy of the CCA from PRA Group? 
If they can produce the CCA I can carry on paying the £100 a month but if they cannot produce one, can I really just stop paying anything?

Thanks so much in advance for any help!

Basically, if they cannot obtain a copy or a re-constituted copy, of your credit agreement, then yes, you can just stop paying, if you so wish.

Keep in mind, making a request under this section of the consumer credit act is one of your statutory rights, if they can`t obtain the correct paperwork from the original creditor, then they cannot obtain a judgement against you in court, therefore you cannot be forced to pay the debt by having taking legal action taken against you.

Nothing you do will make this re-appear on your credit file.

Also of note, your 10k debt was likely bought by PRA for around £1500/£2000 so they have had more than their money back already.

DjangoUnchained

Definately stop paying pra if they cant produce CCA, its amazing how quickly 6 years goes by and its statute barred.

Rob5342

You shouldn't definitely request the CCA. I have a £7000 debt with PRA and they couldn't produce the CCA so I've stopped paying it. If they can't produce the CCA then they can still ask you to pay the debt but there is nothing they can do to make you pay it. I get letters from them every few weeks saying they can help me by giving me a discount but they they filled straight in the shredder

Sidney_31

Thank you so much everyone! I will request the CCA today. Hopefully they can't find it! Its not that I don't want to pay off my debts, I have gone without many things for the last 6 years to pay off over £25,000, but when you realise how much PRA have made out of me already, it definitely makes me want to stop paying! After PRA my only other debt is with Nationwide but they never sold it on, I don't pay them that much so will just carry on with that until it is cleared.

If PRA do produce the CCA, can I just negotiate a lower monthly amount do you think? 

Thanks everyone and sorry for the silly questions! 

Sly72

I just logged onto my PRA account and amended the payment.

Rob5342

There is nothing to negotiate - you are in charge, you tell them what they are getting, end of story. Always pay by standing order so you can change the amount whenever you like without involving them.

Companies like PRA buy debts for a fraction of their value, so they have probably seen a nice return on their money already. You need to put yourself in the best possible position to avoid any future financial problems, so you shouldn't have any qualms about not paying PRA if it turns out to be unenforcable.

Sidney_31

Rob5342 said:

There is nothing to negotiate - you are in charge, you tell them what they are getting, end of story. Always pay by standing order so you can change the amount whenever you like without involving them.

Thank you! I need to get my head around the fact I am in charge. I was just so relieved when everything dropped off my credit records I was scared to do anything in case they reappeared but now I know that's not the case I feel stronger.

Rob5342

Sidney_31 said:

Rob5342 said:

There is nothing to negotiate - you are in charge, you tell them what they are getting, end of story. Always pay by standing order so you can change the amount whenever you like without involving them.

Thank you! I need to get my head around the fact I am in charge. I was just so relieved when everything dropped off my credit records I was scared to do anything in case they reappeared but now I know that's not the case I feel stronger.

It can be difficult to adopt that mindset when you have been in debt for so long, and debt collection companies are keen to perpetuate that mindset to keep the money rolling in.

DjangoUnchained

Just a word of warning. A few months after a requested the CCA they sent me a whole load of statements and various papers. I dont know if what they sent me was compliant or not but i wrote back saying this is not what i requested, i want the CCA (in other words i called their bluff). A few weeks later i got another  we are waiting for the papers from b/card, meanwhile its unenforceable, fast forward it never came:). in other words, whatever they send you, challenge it.

stu12345_2

in the CCA letters I wrote I gave the creditors choices.i told them to state the words unenforceable if the cant find the CCA.

state the word enforceable if they find paperwork but paperwork must state my name and address when account opened
.the creditors name and address when account opened
 the terms and conditions at that time with Apr when I have to make payments and cancellation rights.
and any other documents that were mentioned in the terms and conditions 

if they can't find everyone of those criteria they must state the word unenforceable.
as sending a pile of paperwork without all those sections and stated enforceable is misleading and an offence