Barclaycard sold to PRA

Superkitten76

So with the help of this lovely forum I've been making real inroads into my debt so far - Zopa card irresponsible claim upheld and removed from credit report, Updraft 2 loans irresponsible lending upheld and removed from my credit report, still need to pay them back, but interest removed and not reported so a small win for me.

I am at the point where my other credit cards are defaulting now and I'm getting ready to set up payment plans. One of the first is Barclaycard. This has defaulted and I've now had communication from PRA and so blindly went on the link to set up a payment plan. However having a browse on here this morning I realised I may have acted too quickly! 

My Barclaycard is an old Egg card, which was opened in something like 2003 maybe, the debt sold to PRA is £10k so a good chunk. Should I have asked for the CCA before setting up the repayment plan, as I'm assuming it may be unlikely that it will be produced? I did do PPI claims back in the day for Egg loans and various cards and store cards, so not sure if this will make a difference? 

RAS

Definitely CCA Egg cards. When I first joined MSE they frequently failed CCA requests. However the rules on reconstruction may make it easier for them to comply.

EDIT, maybe the Prove it letter would be better?

fatbelly

You can do a cca request at any time.

I do think it's worth doing on an ancient debt with complex history.

Superkitten76

Thanks, what's the benefit of the CCA request - if its unenforceable you don't need to pay, but it still stays on the credit report for 6 years from default date, is that correct?

Rob5342

I'd definitely do a CCA request, I was in a similar position with an Egg card opened in 2001 and PRA were unable to produce the CCA, that's over £7000 I can ignore. They gave me the usual spiel about it currently being unenforceable and them informing me if that changed, but very amusingly they enclosed a copy of a letter marked internal only from Barclaycard to them saying that due to the age of the account they wouldn't be able to produce the cca. 

RAS

It's stays on your credit record for 6 years from the default date, regardless.

If they can't find the CCA and you stop paying, it may well end up statute barred, because until they find the CCA, any attempt at legal enforcement is rendered useless. Provided you defend it of course

sourcrates

Not yet seen a compliant credit agreement for any Egg card, the wording on the agreements was irrevocably
flawed.

Egg are the only company to have flawed agreements.

You need to obtain and check your CCA and where it should say "Credit Limit" it may well say "Approved Limit" in which case it is unenforceable for using wrong language on a regulated document.

Basically if your Egg agreement uses the term "Approved" as opposed to "Credit" then the agreement is unenforceable as the prescribed term "Credit Limit", is missing.

This is in addition to any other flaw that might be present.

Superkitten76

Thanks, I've sent off the template letter with the postal order payment so just a waiting game now. I haven't made any payments to PRA yet, but the confirmation of the direct debit set up letter came yesterday, should I cancel the Direct Debit until they respond, the first payment is due 26th March.. 

fatbelly

Definitely...

Rob5342

Yes don't pay anything towards a debt that is probably unenforceable. Read their replies carefully as they try and hide the fact that debte ate unenforceable (saying so in small text in the contact us section for example) 

stek2008

Superkitten76 said:

So with the help of this lovely forum I've been making real inroads into my debt so far - Zopa card irresponsible claim upheld and removed from credit report, Updraft 2 loans irresponsible lending upheld and removed from my credit report, still need to pay them back, but interest removed and not reported so a small win for me.

I am at the point where my other credit cards are defaulting now and I'm getting ready to set up payment plans. One of the first is Barclaycard. This has defaulted and I've now had communication from PRA and so blindly went on the link to set up a payment plan. However having a browse on here this morning I realised I may have acted too quickly! 

My Barclaycard is an old Egg card, which was opened in something like 2003 maybe, the debt sold to PRA is £10k so a good chunk. Should I have asked for the CCA before setting up the repayment plan, as I'm assuming it may be unlikely that it will be produced? I did do PPI claims back in the day for Egg loans and various cards and store cards, so not sure if this will make a difference? 

Sorry to intrude on your thread - but I've been given some advice that I should try and take action against some lenders (Updraft being one) for irresponsible lending. 

I ended up in an obscene amount of debt after a house purchase went crazily wrong (renovations ran to nearly house price!) - but in these dire times Updraft, Admiral and others kept loaning to me... helpful at the time, less so now. 

Can I ask how you managed to win a case of irresponsible lending against Updraft - so far they're basically ignoring me and trying to direct me to their appointed debt collectors (who just keep saying they have proof of debt). 

I am on a debt management plan with Stepchange - but anything to take years off is worth exploring.