Brodies on behalf of PRA

fatbelly

You may have a local advice centre. ND may also be able to help

freshstart2023

thanks guys, trying to get some advice. I’m unsure whether to do a new CCA request with PRA or send the court a copy of the letter they sent me previously stating it was unenforceable until the documents were provided…I’ve asked PRA for a SAR also

it’s an ordinary cause claim that I have received. Annoyed with myself as this was the only debt I never began to repay after default (due to lack of CCA) everything else I started to pay back and have had no issues 😞

ManyWays

Call National Debtline - their have very good Scottish advisers.

You do not want the mostly English people here guessing.

freshstart2023

ah yes sorry I meant I am trying to get advice (from Scottish advisors elsewhere) I was just following up. Thankyou!

freshstart2023

Hey guys, so I took some advice from NDL and submitted my defence on the basis that PRA had failed to comply with my CCA request. I also did a SAR and have now received the SAR back.

My account with Barclaycard defaulted in Oct 2023 and was assigned to PRA in November 2023. I made a CCA request to PRA in January 2024. Weirdly from the information I received in the SAR, Barclaycard provided PRA with a reconstituted CCA in Feb 2024 but I never received a copy of this and PRA continued to write to me in August 2024 and October 2024 confirming the account remained unenforceable. They sent me an envelope full of statements in Jan 2025 with a cover note just saying please find enclosed requested documents. Reading between the lines I think this in when they have started to treat the account as enforceable but they never actually communicated to me that the account status had changed from unenforceable to enforceable (despite their correspondence saying they would let me know if the account status was to change'. Do you know if this is something they would be expected to do? I did receive threats that they would escalate to legal but I ignored them as believed the account to remain unenforceable? Thankyou.

sourcrates

Well, sec 77, CCA, subsection 4, states that:

If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement.

How come they didn't send you the recon CCA , did they ever give you an explanation as to why?

The court should follow guidance here, and they may just order PRA to supply you with that recon copy, and stay the case until that happens.

What happens after that is anyone`s guess.

freshstart2023

Thankyou for your reply. So I can see from the info in my SAR that Barclaycard provided PRA with the recon CCA, short form cancellation, historic T&C's and varied T&C's on 12th February 2024. I never received this from PRA and was unaware it existed until I received the SAR, however, when I look at PRA's system log notes there is an entry on 28th February 2024 whereby an email was sent to me, it said 'thankyou for your contact, please find attached the requested information'. I genuinely didn't receive or missed this email at the time so I'm unsure if they have perhaps sent me what Barclaycard provided via email on this date? They did continue to send me written correspondence by letter after this though confirming it remained unenforceable. It looks like the status must have changed in January 2025 when they sent me the envelope full of statements but the cover note sent with this made no reference to the status changing, it just said please find enclosed the requested documents.

The debt is for £13,363.20 and their notes show they purchased the debt for £370.

sourcrates

"The debt is for £13,363.20 and their notes show they purchased the debt for £370."

That is very interesting, that`s less than 1%, first time we have seen an actual price paid for a debt.

You can clearly see how they make their money on these accounts, and it also shows something else, just exactly how little regard lenders have for their customers that get into financial difficulties, they can offload these accounts in bulk for less than 1% of their face value, to some faceless multinational debt purchasing company, yet they can`t afford you the same curtesy.

Take note all you people struggling to pay your consumer credit debts this summer, your debt to the bank actually means nothing to them, nada, nowt, ziltch, those of you that are afraid to miss a single payment, scared of some imaginary consequences, well this is what will likely happen, they will sell your debt for a fraction of what its face value is, all those letters and calls, several times a day, its just a massive con, a show, your 13k debt was sold for the price of a good lunch, at a fancy restaurant, makes my blood boil, it really does.

freshstart2023

I did a CCA request for all of my debts and have a self managed DMP in place for all others as they all produced the docs. PRA was the old one that wrote to me stating it was unenforceable and the only one I didn't start to repay. I really wish they had told me it had became enforceable as now im going to have court costs on top and will need to repay the £13K to them in the knowledge they paid so little for it :(

freshstart2023

@sourcrates are you any good with recon CCA's? Would be great to have someone cast an eye over it although I know it will be for the court to decide, i'm not really sure what I'm looking for, it does have my name and address at the top but from there appears just to be standard text.