Unenforceable debt, reclaim payments?

bertie1979

Hi apologies if I'm wrong section.

I've been paying PRA for a Barclaycard debt, just realised I'd never asked them for proof of the debt/CCA, they haven't come up with anything for nearly 2 months whilst my account is on hold.

If it is actually unenforceable can I reclaim back the money I've paid them?

Thanks

molerat

No.  Unenforceable means the debt cannot be enforced in the courts.  The debt still exists and you are free to pay it off.

fatbelly

It's unenforceable while their default continues, provided you made your request formally under s77-9 CCA, AND complied with the Act by enclosing £1.

As for the second part of the question, no, the debt does not cease to exist. You can make payment to it and they could start a court claim if they wish.

It's just that, as things stand, you can ask for the claim to be stayed. If they can get the original agreement, or reconstitute it, then it becomes enforceable again. This often takes a few months because the debt buyer does not receive paperwork when they buy the debt

bertie1979

Ok I think I'm going to have to start another thread with more details of the entire process of when I defaulted, when PRA took over, etc.

But just quickly, if I missed barclaycard payments in Apr-September 2019, defaulted November 2019 I think, then started paying PRA Jan 2020.

1) Does the default remain whilst the debt is outstanding? Thought it lasts 6 years? Is annoying that I've been paying on time for last 4 years and PRA report as default still.

2) Because I've been paying PRA, the debt remains enforceable and not statute barred because each time I pay/contact them it starts the 6 year clock again?

ManyWays

1) Does the default remain whilst the debt is outstanding? Thought it lasts 6 years?

The default will drop off your credit record 6 years after the default date so that would be in November 2025 if the default date that shows on your credit report in November 2019. 

2) Because I've been paying PRA, the debt remains enforceable and not statute barred because each time I pay/contact them it starts the 6 year clock again?

Yes