PRA (Barclaycard) debt

GreenTrees25

Afternoon all,

I have had a read through a lot of the topics and it’s a great resource and full of great advice.

I’m hoping for a bit of advice with my situation.

I got into a bit of trouble back in 2018/19, leading to missing payments and subsequently defaulting on a few credit cards and a loan. I have since paid off all but one of the debts. That being the following:

- PRA (Barclaycard CC)
- Account originally opened December, 2011
- Original balance was £15000
- Current balance with PRA is £9860
- Default due to drop off December, 2025

To cut a long story short, I submitted a CCA request last year and as of January this year, PRA could not locate the correct or proper documentation and had deemed the debt unenforceable.

I had stopped making payments when the CCA request had been submitted. I have not paid anything since.

On Monday, I noticed that an email had come through with a typed, printed version of a statement attached to it. This was labelled a ‘Copy Statement’ from June 2018.
Apparently there are also creditor statements arriving via post.

PRA are now saying this is enforceable.

Any advice would be greatly appreciated.

Thanks in advance.

Brie

a statement is not a credit agreement. 

perhaps you could copy and paste the statement here without personal info on it so we can see what you're received?

Assuming the debt is enforceable then it won't become statute barred until 6 years after the last payment.

GreenTrees25

Yes, of course. Thanks for your assistance.

They sent statements like the below. No sign of a credit agreement.

Brie

So just tell them they haven't provided a credit agreement and have previously stated that one is not available and that they have stated that the debt is unenforceable.  Tell them that if they continue to harass you you will complain to the financial ombudsman.  Tell them to ERASE you contact details from their systems with immediate affect.  

GreenTrees25

Thank you for this. I’ll go back to them as above.

Is it worth asking again for copies of everything that they hold?

Rob5342

GreenTrees25 said:

Thank you for this. I’ll go back to them as above.

Is it worth asking again for copies of everything that they hold?

I wouldn't as you don't want to prompt them into looking at what information they have. I'd just say they haven't provided the credit agreement so you won't be paying, and then ignore them unless they send the cca or mention court action. 

sourcrates

Sec 77 is quite clear on how a creditor should respond to a request made under that portion of the consumer credit act, for information about their credit agreement.

PRA Group are well aware of what is required of them, so them sending copies of statements, whilst omitting the copy credit agreement, and informing you they believe they have complied with the act, beggars belief.

Rob5342

Did they explicitly say it was enforceable? These companies often get creative with their wording to try and fool people, I've seen things like "valid and collectable" for example. 

fatbelly

That was a statement showing some payments 7 years ago

I wouldn't respond to it. I'd ignore everything except a Letter Before Action

GreenTrees25

Thanks all. That’s a huge help.

Quoting the email, the wording is as follows:

”As the statements have now become available, this account is no longer Unenforceable, and we would like to work with you in the best way we can to resolve the account.”

1stTimer

PRA must have been sent a bulk of statements from Barclays as I’ve just received a letter from them in the post with statements looking exactly like this along with a letter saying they now consider debt enforceable.

The only difference I have is they were able to send me the agreement back in May but not statements.