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  • FIRST POST
    • Taffy100RSA
    • By Taffy100RSA 15th Jan 18, 9:43 AM
    • 3Posts
    • 5Thanks
    Taffy100RSA
    PRA Group Chasing for 18yr Debt
    • #1
    • 15th Jan 18, 9:43 AM
    PRA Group Chasing for 18yr Debt 15th Jan 18 at 9:43 AM
    Hi All,

    I have received a letter and a phone call off a company called PRA Group telling me I owe debt to 2 lenders from 1998 and 2001.

    I have to be totally honest and say that I cannot recall the debt, and after some searching about PRA Group, discovered that they apparently purchase old debt and try to recover it.

    As stated, I do not recall this debt as being unsettled, however when I was very young, did get into a spot of financial bother, but do not remember where this apparent debt comes from as it was so long ago.

    I do not want to admit liability for the debt until i know more about PRA Group and where the debt actually comes from.

    They have told me on the phone that the last payment on the debt was circa 2000 and 2001 respectively.

    I've also read something about statute barred debt. Is this Statute Barred...?

    any advice would be appreciated.

    Cheers,

    TaffyRSA
    Last edited by Taffy100RSA; 15-01-2018 at 11:39 AM.
Page 1
  • National Debtline
    • #2
    • 15th Jan 18, 11:11 AM
    • #2
    • 15th Jan 18, 11:11 AM
    Hi Taffy and welcome to MSE,


    Unfortunately, this is not as rare as you would think. People are contacted about old debts all of the time and when a debt is this old it is understandable that you would not recall all of the details. Don't worry about the PRA Group, they are a debt collector and not a bailiff, so they cannot come into your home or try and take anything. You can deal with this in the post or via email and you can approach this in one of a couple of ways.

    One option is to send them the 'proveit' first which asks the creditor to provide more information about the debt. But don't worry, the letter specifically says that you are not accepting liability for it. Once you know more you could still argue the age of the debt, or you could go straight in with an argument of limitations (especially as they have said the last payments were in 2000 and 2001).


    There is a piece of legislation called the Limitations Act 1980 that does state, if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no county court action started, then the debt may no longer be enforceable through the county court and becomes known as Statute Barred. There is a sample letter for this too - https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx. Best of luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Taffy100RSA
    • By Taffy100RSA 15th Jan 18, 11:42 AM
    • 3 Posts
    • 5 Thanks
    Taffy100RSA
    • #3
    • 15th Jan 18, 11:42 AM
    • #3
    • 15th Jan 18, 11:42 AM
    Hi Laura,

    Thanks, I will send the Prove It letter as you state and see what happens. I will provide an update as soon as I get a response from PRA to let you know what they say in return.

    Watch this space...

    Thanks,

    TaffyRSA
    • sourcrates
    • By sourcrates 15th Jan 18, 12:29 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    • #4
    • 15th Jan 18, 12:29 PM
    • #4
    • 15th Jan 18, 12:29 PM
    Hi,

    Old debts such as this are bought up in bulk every now and again, then some dubious debt collector will chance there arm at collecting on them, knowing full well that they are statute barred.

    They are well aware of the limitations act, and they have admitted the last payment was 2001............if it was me, i`d go straight for the statute barred letter, that should put it to bed once and for all.
    Last edited by sourcrates; 15-01-2018 at 12:31 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Taffy100RSA
    • By Taffy100RSA 15th Jan 18, 1:24 PM
    • 3 Posts
    • 5 Thanks
    Taffy100RSA
    • #5
    • 15th Jan 18, 1:24 PM
    • #5
    • 15th Jan 18, 1:24 PM
    Hi there,

    Talk about quick response. I emailed PRA the Statute Barred Letter and they have already responded with this:

    Confirmation of Account Closure

    Thank you for your query which we received on 15/01/2018 in which you advised your above accounts have now exceeded the period specified in the !!!8220;Limitations Act 1980!!!8221;.

    We confirm that under section 5 of the Limitation Act 1980, your debts have become !!!8216;statute barred!!!8217;.

    What this means for you:

    The above accounts have now been closed on our system, and neither we nor any other party will contact you at any point in the future, in relation to collecting an outstanding balance on these accounts.

    If you have any further questions please contact us on ........

    So, there you have it... done, sorted, goodbye PRA...!!!

    Thanks again for your help and advice.

    TaffyRSA
    • sourcrates
    • By sourcrates 15th Jan 18, 1:39 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    • #6
    • 15th Jan 18, 1:39 PM
    • #6
    • 15th Jan 18, 1:39 PM
    Hi there,

    Talk about quick response. I emailed PRA the Statute Barred Letter and they have already responded with this:

    Confirmation of Account Closure

    Thank you for your query which we received on 15/01/2018 in which you advised your above accounts have now exceeded the period specified in the !!!8220;Limitations Act 1980!!!8221;.

    We confirm that under section 5 of the Limitation Act 1980, your debts have become !!!8216;statute barred!!!8217;.

    What this means for you:

    The above accounts have now been closed on our system, and neither we nor any other party will contact you at any point in the future, in relation to collecting an outstanding balance on these accounts.

    If you have any further questions please contact us on ........

    So, there you have it... done, sorted, goodbye PRA...!!!

    Thanks again for your help and advice.

    TaffyRSA
    Originally posted by Taffy100RSA
    There you go, great result.

    They knew they didn't have a leg to stand on, but were hoping you were unaware also.

    Always challenge everything !!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Art1972
    • By Art1972 16th Apr 18, 9:23 PM
    • 1 Posts
    • 1 Thanks
    Art1972
    • #7
    • 16th Apr 18, 9:23 PM
    • #7
    • 16th Apr 18, 9:23 PM
    Hi all;

    This is my first post but this topic has helped me no end. I!!!8217;ve had the same kind of letter this morning and PRA are chasing a debt of £340 from 2003 that I can honestly say I know nothing about. I signed up here a few hours ago and been hoping someone had the same thing and a way to sort this as if the debt is definitely mine then I will pay it obviously.

    Thank you so much for all the advise that I have read here and I will be e-mailing them first thing in the morning with the same letter.

    Many thanks ladies and gents.
    Last edited by Art1972; 16-04-2018 at 9:23 PM. Reason: Emoji not working
  • National Debtline
    • #8
    • 17th Apr 18, 4:05 PM
    • #8
    • 17th Apr 18, 4:05 PM
    Hi Art1972 and welcome to the forum.


    I hope you get a similar outcome to that of the OP - I certainly see no reason you shouldn't. You might find our general guide to time limits for debt recovery useful for reference: https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Suseka97
    • By Suseka97 18th Apr 18, 4:10 PM
    • 295 Posts
    • 393 Thanks
    Suseka97
    • #9
    • 18th Apr 18, 4:10 PM
    • #9
    • 18th Apr 18, 4:10 PM
    Whilst really pleased for the OP and other poster - this really pee's me off because people who are not aware of their rights in relation to statute barred debts, or may not happen across this type of forum, may well end up paying some if not all of what PRA are chasing for

    As Sourcrates has already stated - they are simply chancing their arm and it's outrageous when they know they have no legal footing with these
    LBM Apr13: 14 Creditors / £85k+ owed
    Self-managed Aug17
    Current Status: 3 UE's and 3 with CCA's pending / £11k o/s
    • sourcrates
    • By sourcrates 18th Apr 18, 8:22 PM
    • 14,336 Posts
    • 13,533 Thanks
    sourcrates
    Whilst really pleased for the OP and other poster - this really pee's me off because people who are not aware of their rights in relation to statute barred debts, or may not happen across this type of forum, may well end up paying some if not all of what PRA are chasing for

    As Sourcrates has already stated - they are simply chancing their arm and it's outrageous when they know they have no legal footing with these
    Originally posted by Suseka97
    Thatís the true nature of debt collectors unfortunately, they are not bothered how they make a profit, as long as they do.

    Recent regulation has tamed them somewhat, but there are certain DCAís who deliberately buy up statute barred debts, then try to collect on them without divulging there true status.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • paulx132
    • By paulx132 21st May 18, 6:46 PM
    • 2 Posts
    • 1 Thanks
    paulx132
    PRA Group
    Hi

    Found this thread really interesting and helpful after googling PRA group

    I thought i,d paid all my debts off recently but then got a letter from PRA group this morning saying I owed £360 from an old payday loan.

    (I,ve never seen this on my credit file which i found strange)

    I phoned them up and asked when the debt was from but they couldn,t tell me as they didn,t know. However they did say that they purchased the debt in October 2012. So now they are getting in touch with the company to find out when it was from. I am sure it is well over 6 years as i did have a heroin addiction then and took loans out wherever i could. It was quite easy to do then especially with payday loans even though i wasn,t working. i just lied on my application.

    I understand the above posters frustration at not knowing their rights and paying back money which they may not have had to. I,ve paid thousands back to all sorts of companies and only afterwards heard about debt releif orders which i would have been entitled too.

    I will await details back from PRA about when the debt was from and then take it from there or is it 6 years from when they purchased the debt?

    Very interesting forum and wish i joined sooner

    I,ve been quite ill with depression and anxiety over the last couple of years and debts and bailiffs have just added to that. Its taken a lot time and effort to get them sorted so this one was a bit out of the blue and hope i can sort it soon

    TC

    Paul
    • Suseka97
    • By Suseka97 22nd May 18, 11:50 AM
    • 295 Posts
    • 393 Thanks
    Suseka97
    Hi Paul,

    You've jumped on the tail-end of an older thread -so might be worth starting one of your own. But anyways, as far as I understand the 'statute barred' rules -the 6 year clock starts ticking from the point you last acknowledged the debt. So the last payment made, or last piece of contact between you and the original creditor or the then DCA. PRA have clearly bought up some old debts and are working their way through them. There was also a link to a 'proveit' template provided above, so maybe send that off to PRA.

    Whatever else you do - don't acknowledge ownership, that's there job -but I think this sits in the 'statute barred' domain.
    LBM Apr13: 14 Creditors / £85k+ owed
    Self-managed Aug17
    Current Status: 3 UE's and 3 with CCA's pending / £11k o/s
    • fatbelly
    • By fatbelly 23rd May 18, 4:49 AM
    • 12,347 Posts
    • 9,390 Thanks
    fatbelly
    Just to be clear, there are two ways you can 'acknowledge' a debt - by payment or in writing, by you or someone acting for you.

    Phone calls do not count

    Letters from the creditor do not count

    If in writing, there must be a clear inference that you accept this is your debt, so a 'prove-it' for instance would not count.

    The six year period is a limit for when they can start a court claim, so if they start a claim in this period, that's the end of your protection under these rules.
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 23rd May 18, 10:18 AM
    • 5,207 Posts
    • 5,328 Thanks
    poppasmurf_bewdley
    It's also worth remembering that once a debt is statute barred, it cannot be 'unbarred'.

    That means once a debt becomes statute barred, nothing you do such as making a payment or acknowledging the debt will reverse the matter.

    But many DCA's will try to say different.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
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