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  • FIRST POST
    • nicsam
    • By nicsam 12th Jan 19, 2:30 PM
    • 2Posts
    • 1Thanks
    nicsam
    Debt Query
    • #1
    • 12th Jan 19, 2:30 PM
    Debt Query 12th Jan 19 at 2:30 PM
    Hi.
    So over the past 24 hours I have read a lot of the threads on here and discovered quite a lot I didn't know about my debt.
    I have a debt with PRA Group for £8000 that was originally a credit card with Halifax who sold it to them when I got into financial difficulties. For the past 18 months I have been paying PRA £40 a month. They contact me every 6 months and the payments have stayed the same. However, now i've read all these informative threads I'm wondering if I should submit a request to see my CCA?
    I am just wondering though if its worth doing as on the PRA Group letters they have the agreement date (2005) and the credit account number?
    On the last letter i received from PRA in July 2018 they did say that they may be able to offer me a one off, reduced F and F but did not state for how much. I never followed this up as not been in a position to make a large payment.
    Also I have other debts with another bank that have not been sold on. Is it worth asking for my CCA's with them as well or wait until they maybe one day get sold? I'm assuming the banks will more than likely still have all of the copies of their own credit agreements.
    Tbh I don't mind continuing to pay the £40 a month but hate the phone calls every 6 months. Do I have to answer them and do I have to do the 6 monthly review or just continue paying as I am?
    Many thanks for all your help.
    Nicsam
Page 1
    • David2Prit
    • By David2Prit 12th Jan 19, 2:38 PM
    • 53 Posts
    • 26 Thanks
    David2Prit
    • #2
    • 12th Jan 19, 2:38 PM
    • #2
    • 12th Jan 19, 2:38 PM
    You don't have to answer the phone calls, no.
    I also do not believe you have to have a 6 month review..... Been around 3 years since my last one!

    It is worth sending a CCA in, doesn't really hurt if they have everything, continue as you are going, but may well be worth thousands if they don't hold correct documentation.
    • sourcrates
    • By sourcrates 12th Jan 19, 5:02 PM
    • 16,160 Posts
    • 15,280 Thanks
    sourcrates
    • #3
    • 12th Jan 19, 5:02 PM
    • #3
    • 12th Jan 19, 5:02 PM
    Agree with the above.


    Lets just get one thing straight here, no one can make you do anything you do not want to do, recent updates to the data protection act give you the consumer, more rights than ever before when it comes to how companies can contact you.

    You simply write to them, or email, and specifically state how you want them to contact you, best to opt for "in writing only", they must comply with your wishes, if they don't, you can complain, they will more than likely receive a large fine.

    Always worth going down the CCA route, incredibly, debts are sold on without a single piece of original agreement paperwork ever changing hands, they are stored by the original creditor, and they should keep them a maximum of 6 years, but things happen, agreements get lost, mis-filed, damaged, burnt, etc so they cannot always produce them when asked.
    The consumer credit act is a lovely piece of legislation, its there for both the creditors, and your own, protection.


    Sec 77/79 CCA 1978 covers the requesting of credit agreements, for credit card accounts, and loans, a creditor has 12 plus 2 days in which to comply, whilst he is complying, the agreement cannot be enforced through the courts, so no payment need be made.
    If the creditor does produce a legible copy of the agreement that is compliant, then that is the end of the matter, but if they don`t, then the account cannot be enforced through the courts until they do, however long that may be.


    In that scenario you could choose to just walk away and stop paying, or you could use the lack of a credit agreement as leverage to obtain a good discount to settle once and for all.
    Remember, this is one of your statutory rights, so making such a request cannot be held against you.
    Last edited by sourcrates; 12-01-2019 at 5:04 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". I have extensive experience of debt, and itís solutions, as well as the collection industry in general.

    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.
    • nicsam
    • By nicsam 12th Jan 19, 8:22 PM
    • 2 Posts
    • 1 Thanks
    nicsam
    • #4
    • 12th Jan 19, 8:22 PM
    • #4
    • 12th Jan 19, 8:22 PM
    Thanks ever so much for your replies.
    I will get CCA and contact "in writing only" letters in the post on Monday morning and go from there.
    Thanks again.
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