Full and Final Settlement Options

fatbelly

SeeTheDoughnut said:

I think PRA will be able to produce them, as the debt has only ever gone from Barclaycard to them.  The other debts have been on a national tour of debt collectors, so less likely they will have them!

Don't assume anything. When a company buys a debt they only get limited info. To source paperwork they have to go back to the original creditor, who may or my not want to be helpful

DjangoUnchained

SeeTheDoughnut said:

Thank you sourcrates.  We will be continuing payment to StepChange while we await responses to the requests for original credit agreements, so I’m not expecting any further action from anyone at this point - we have made regular payments all along to stepchange. 

I was just wondering what would happen if they can’t produce the agreements. If we then stop paying, could we end up with a CCJ? Or is this not something they can do if there is no credit agreement?  

I think PRA will be able to produce them, as the debt has only ever gone from Barclaycard to them.  The other debts have been on a national tour of debt collectors, so less likely they will have them!

my experience with PRA was different to whats been mentioned. As soon as they acquired the debt from barclaycard and contacted me i asked for the CCA, and said i wont be discussing anything with them until they supplied it.  After many months they sent me a load of statements and papers , i dont know if they fulfilled the requirement or not but i called their bluff and wrote back saying they havnt supplied what id asked for. They wrote back saying they were waiting for the stuff from barclaycard and would suspend any collection activity until then ( they hadnt actually collected anything anyway). I blocked their phone number and ignored their emails. I recieved letters every few months offering me a measly 20% off ( off a £5000+ debt). I finally knew i was on to a winner when within a year before the 6 years statute barred time i was offered 60% discount. I ignored this as i guessed they were unable to supply the CCA,  from what i understand is that part of the deal PRA have with b/card is not to ask for paperwork?
Anyway the 6 year statute barred time came and went without me paying them a bean. When they wrote to me after, i phoned them up and asked them to confirm it was statute barred, i wouldnt pay them a thing. They conformed it and to my surprise they even put it in writing.    
So before you offer them a full and final, i would demand the CCA, and then scrutinize it.
Personally, i know this will upset some people, i think stepchange are unnecessary , they get you to pay when you dont need to, they are funded by the banks. If id of followed the advice and direction of stepchange Id be at least £20,000 worse off.
good luck with your journey.

SeeTheDoughnut

Thank you stu12345_2
25% off  seems quite good for PRA.

stu12345_2

yeah 25% off was a shock, they said pay it over 6 months if I wanted, but I couldn't afford to.

I said why the offer, they said offers come and go and 25% may not be available in the future.

freshstart2023

I sent a CCA request to PRA as soon as they purchased my barclaycard debt. I did this in Jan, I received an acknowledgement but I am still waiting to receive anything further…

DjangoUnchained

freshstart2023 said:

I sent a CCA request to PRA as soon as they purchased my barclaycard debt. I did this in Jan, I received an acknowledgement but I am still waiting to receive anything further…

I don't expect you will, I've been told by someone in the know that barclaycard rarely pass them on. Instead they may just send you a load of official looking bumf and copies of statements hoping you accept that.

sourcrates

Debts are sold in bulk, 1000`s of accounts at a time, sometimes they are sold very cheap on the understanding that there be no further contact in regard to them, i.e. sale or return, as they don`t want to deal with CCA requests from clients.

It`s not always the case, but if you make a request under sec 77/79, on a sold on debt, and the company simply return the debt to the original creditor, sometimes that is the reason why.

freshstart2023

DjangoUnchained said:

freshstart2023 said:

I sent a CCA request to PRA as soon as they purchased my barclaycard debt. I did this in Jan, I received an acknowledgement but I am still waiting to receive anything further…

I don't expect you will, I've been told by someone in the know that barclaycard rarely pass them on. Instead they may just send you a load of official looking bumf and copies of statements hoping you accept that.

Thankyou. I actually started to worry about it a bit recently incase I’ve missed something and they start legal action…do they usually respond to confirm whether they can or can’t locate it? 

stu12345_2

they reply saying they are not in possession and, they put you account on hold, the debt still exists ( they say it is unenforceable) means they can't take you to court and they will contact when they find it,(be it months down the line or if your lucky ,never.)
if they do find it, expect a big white A4 envelope in the post, sometimes recorded delivery 

freshstart2023

Thankyou, yes I received that initial correspondence in January and definitely haven’t received any A4 envelopes. Will keep an eye out, thanks again