PRA Group threatening me with Solicitors (Scotland) - Now with added Sheriff's Citation(s)

THX

I have two defaulted Barclaycards which have been with PRA Group since early this year.

Earlier this year I was advised by @sourcrates and others on a course of action. I sent a letter stating that unless they could provide proof of a CCA I would not enter into any further correspondence. I stated that I was aware that without a CCA they would not be able to get a CCJ.

Things went quiet for about two months. Now they have sent a letter stating that if I don't get in touch by 21/12/2025 they will automatically transfer my account to Brodies LLP. They are making threats about seizing earnings, taking my goods to sell them and preventing me selling any property I own.

Do I reply reiterating that they still haven't produced a CCA which I asked for months ago?

RAS

If they are daft enough to issue a letter before action, remind them that without a CCA, you have a full defence.

As to the threats, technically possible, in a few circumstances, it you drop a lot of balls.

THX

RAS said:

If they are daft enough to issue a letter before action, remind them that without a CCA, you have a full defence.

As to the threats, technically possible, in a few circumstances, it you drop a lot of balls.

Thanks but what do you mean by your last sentence?

RAS

Well, they can't stop you selling your house. But in the unlikely event that they got a CCJ and you refused to pay, they could eventually get a restriction or charging order(depending if you are sole tenant). Very very very unlikely for consumer debt, More an issue if you're a sole trader with business debts.

Or you could ask the court to decide an affordable payment. 

So basically threatening solutions for situation that won't occur.

sourcrates

You can remind them of your CCA request, and that it still remains outstanding.

Rather that, than having to deal with a court claim, which is a road they will probably go down regardless.

ManyWays

Now they have sent a letter stating that if I don't get in touch by 21/12/2025 they will automatically transfer my account to Brodies LLP. 
Did this letter mention that the debt is currently unenforceable?

THX

ManyWays said:

Now they have sent a letter stating that if I don't get in touch by 21/12/2025 they will automatically transfer my account to Brodies LLP. 
Did this letter mention that the debt is currently unenforceable?

No, it doesn't.

ManyWays

So you have two options:
- to ignore this and wait for a Letter Before Action/Claim from the solicitors (it can have different headings but there will be a form attached headed Reply Form). You must not ignore this,  
or
- to send a formal complaint to PRA now saying they are in breach of CONC 13.1.6 which says that when a firm has been unable to supply the CCA agreement
" a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement....

 In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not."

THX

ManyWays said:

So you have two options:
- to ignore this and wait for a Letter Before Action/Claim from the solicitors (it can have different headings but there will be a form attached headed Reply Form). You must not ignore this,  
or
- to send a formal complaint to PRA now saying they are in breach of CONC 13.1.6 which says that when a firm has been unable to supply the CCA agreement
" a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement....

 In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not."

I have sent a letter this morning reminding them that I have asked for the CCA which they have failed to provide. Unfortunately I did so before seeing your post.

I will keep it in mind though. I'll see what they come back with. Thanks.

THX

I've received a letter from Brodies today. It is titled

"Notice Of Court action Consideration"

It relates to the Barclaycard which defaulted nearly two years ago that PRA Group have been hastling me about. I asked for a CCA but all they could provide was a reconstituted one. The account dates back to 2006.

"To avoid this matter being advanced by our Court Action Team, you require to pay the Debt or contact us to discuss a suitable payment arrangement not later that 5th May 2026."

It isn't a Letter Before Action and I've held my resolve up until now but I'm feeling a bit of squeaky bottom time here.

Any advice would be much apprecited

Thanks.

sourcrates

Just another threatogram, treat as such.