The start of default road

DD1A

Hello,

I received a letter from PRA last week regarding one of the defaulted accounts. Do I reply with something to gain me more time or engage into an agreement? I really have no clue atm and would appreciate some guidance.
Just to note this CC account is over 10 years old now from memory.

I still have not yet got myself much of an emergency fund yet and potentially in process of changing job in a few weeks time if I get the offer…

They emailed me this morning with the following message also mentioning a deadline and court proceedings.

Original Creditor: Barclaycard Account Balance: £9***.**

PRA Group UK Portfolios Ltd purchased your Barclaycard account on December **th 2023 and we have been trying to resolve this matter with you ever since. Unfortunately, at the time of writing this letter, there is still not an agreement in place to resolve this matter. An outcome of this is that your account is now with our Investigations and Litigation Department to look at your outstanding debt for possible Litigation recovery. We want to work with you to help you clear your remaining debt in an affordable manner, and we have a fully trained team waiting to take your call. If we do not hear from you by March **th 2024 then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.

fatbelly

You can ignnore emails. Anything important comes by post.

They will always mention court. It means nothing at this stage. Whatever your plan is, stick with it

DD1A

fatbelly said:

You can ignnore emails. Anything important comes by post.

They will always mention court. It means nothing at this stage. Whatever your plan is, stick with it

Thank you for your reassuring message.
Do I request a CCA, notice of assignment and statement of account now?

fatbelly

There's no harm in doing that. If you thinking of starting to pay them then it makes sense to check it's enforceable

sourcrates

DD1A said:

fatbelly said:

You can ignnore emails. Anything important comes by post.

They will always mention court. It means nothing at this stage. Whatever your plan is, stick with it

Thank you for your reassuring message.
Do I request a CCA, notice of assignment and statement of account now?

That would be a good delaying tactic, it will take them a good few months to comply with that, if indeed they can comply.

What you need to look out for is a letter before action, in the form of a letter, not an email or anything else, that is all you need to respond too.

DD1A

sourcrates said:

DD1A said:

fatbelly said:

You can ignnore emails. Anything important comes by post.

They will always mention court. It means nothing at this stage. Whatever your plan is, stick with it

Thank you for your reassuring message.
Do I request a CCA, notice of assignment and statement of account now?

That would be a good delaying tactic, it will take them a good few months to comply with that, if indeed they can comply.

What you need to look out for is a letter before action, in the form of a letter, not an email or anything else, that is all you need to respond to.

I received the letter from them last week explaining that I need to get a payment plan in place.
The email followed this week reminding me of the letter.

fatbelly

So now is a good time to do a cca request

DD1A

fatbelly said:

So now is a good time to do a cca request

I have received a reply letter from PRA regarding my request and they have stated “We have currently deemed this debt as unenforceable which means we are not able to take court or further endorsement action against you to recover the outstanding balance.

please be advised this does not mean that the date has been written off, despite being unenforceable, we are still legally entitled to:

Contact to you and ask you to repair.

Pass your details onto a third-party collection agency.

Continue to report your account with the credit reference bureaux.

The copy statements attached only date back to December 2022 besting in mind this account is circa 10 years.

Does this mean I can suck up the default on my credit and move on with my life with this one or do I still have to continue with and emergency fund and repay the total balance? This next stage I am unsure about.
TIA and thanks for the support this far!

Rob5342

If they can't produce the CCA then if you stop paying they can't take any legal action to make you pay. They word the letters to try and encourage you to pay.

Although they can't find it now there is a chance they may be able to find it later. You aren't completely out of the woods untill it has been 6 years since you made a payment and it has become statute barred, but the chances of them finding it reduces as time goes on. It's a recent request so I'd stop paying now and put the money into you Ur emergency fund instead, and reassess your position as time goes on.

stu12345_2

pra found my wife's and my own credit card agreements and statements, it took them over 3 months to find them

yes the first reply was it's unenforceable until we find them, so we stopped paying. they went quiet until they found it and posted it to us.
then we entered into a new monthly payment plan with them 
the credit card accounts were opened  over 11 years old and we defaulted 2 years ago , then pra bought the debt.
we have been paying them back slowly over last 2 years.
on the good note they offered a 25% discount if we clear the debt in 6 months, which we can't.
but they are being more reasonable than I expected.

note they sent statements whilst Barclaycard owned the debt, that's why statements only went up to Jan 2022. thus then had no need to send statements when they owned the debt.but I insisted and they send both statements to me

I honestly thought credit card opened 11 years ago would be hard to find, but pra found the agreements and statements