GDPR Cookie Consent by SimpleServe Privacy Script PRA settlement offer potentially unenforceable - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

PRA settlement offer potentially unenforceable

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • PRA settlement offer potentially unenforceable

    Hi only coping bit by bit but have updated one debt diary, hoping im posting correctly.


    Barclaycard Freedom (ironic)
    Opened 29.04.2013
    Balance default 7,098 current 7,756.05
    Last payment date 04.19
    No arrangement last contact from me oct 19 advised I had left due to domestic abuse and updated address
    Status CCJ attachment of earnings, Replied 03.02.24
    Owner PRA group

    18.03.19 – Your Barclaycard freedom is overdue as you have now missed three payments
    09.05.19 – Thanks for getting in touch to update us about your current situation – attached affordability assessment (not completed)
    09.06.19 – Your account is overdue – we need to speak to you urgently we’ve been trying to contact you for several months
    18.06.19 – Important you should read this carefully Default notice served under section 87(1) of the consumer credit act 1974 You must make a payment of .. to reach your account before..
    30.07.19 – A default has now been registered on your account -you need to pay your balance in full
    11.08.19 – We’ve sold your Barclaycard account We are getting in touch to let you know that on the 19.08.2019 we sold your account to PRA group
    21.08.19 - PRA group we have purchased your outstanding balance
    23.01.20 – PRA group -Your account has now been transferred to the investigations and litigation department. This is a letter before claim as required by the Practice Direction on Pre – action and Conduct and protocols contained in civil procedure Rules. Attached reply form
    As with all the debts no reply sent, at that time paying rent, that I thought would be a temporary solution (still here now) and also paid the mortgage to prevent repossession on home as only couple of years payments left. To enable this defaulted on all priority bills bank statements to prove this,
    18.03.20 – Claim form county court business centre
    Nursed covid patients, only person able to support mum who was extremely vulnerable and needed daily care, Ex stalking and harassing me daily. Debt least of my worries
    14.09.20 – Judgement for claimant in default attached N244 unreplied
    07.09.23 – Notice of application for attachment of earnings
    24.11.23 – Notice of transfer of proceedings transferred to local court because debtor did not file N56 the receiving court will arrange for the bailiff to serve N61
    02.01.24 – email had loads now keeping track of them Your account will continue to be managed by PRA group (UK) Limited, but the benefits, rights, title, and interest in this account are now owned by PRA Group UK Portfolios Ltd
    Mid-January unsure of date hand delivered local County Court bailiff – complete within 2 days thank god I opened it ! saw court address
    18.12.23 – Order for production of statement of means this must reach the court office within 8 days as above only received mid Jan, hand delivered
    02.02.24 – free legal advise gave me the starting point I needed
    03.02.24 - Replied to Attachment of earnings, broke even, still offered £30 pw meant to be £30 pm will I ever learn?
    05.02.24 – GDPR (SAR) request sent to both Barclay card and PRA group with account details
    13-02-24 – PRA Group (UK) Limited V …. Thanks for the letter dated 05.02.24 I can confirm
    Thanks for your letter dated 05.02.23. I can confirm that SAR request was issued

    14.02.2024 – Thankyou for your recent contact regarding privacy concerns. Be assured I have started my review and am to respond by 13th march 23

    21.02.24 – received General Form of Judgment or Order
    Before Judge sitting at ….. It being apparent that defendant cannot afford to fund any amount on the attachment of earnings and has significant other debt
    It is ordered that
    1. Application adjourned generally with liberty to restore dated 15.02.24
    ,,,,,,,,,,

    29.02.24 – PRA GROUP

    Dear miss ….
    Subject access request
    Thankyou for tour request received12.02.24 under article 15 of the retained EU law version of the General Data Protection Regulation (UK GDPR), which has been referred to me to respond to. I have completed my searches, and I am please to inform you that we can provide you with the information we hold to date to comply with article 15 of the UK GDPR, please find the copies attached. Also attached is a copy of our fair processing notice (FPN), as this might answer any further questions you may have regarding this process.

    In relation to your request for documents, I have contacted your original creditor Barclays Bank UK PLC on your behalf and requested an agreement and statement of your account. Regrettably , I am unable to of a timescale as to when your request for documents for documents will be freely available, as this depends on the original creditor. However, we will be in touch when the information has been received and your account will remain on hold until such time as the documents have been supplied

    None received

    In addition, PRA Group (UK) can provide you with all call recordings relating to your account. Please note your call recordings will follow in a separate communication for security purposes; the pass word …

    Moving forward, your account is being managed by our Investigation and Litigation Department (ILD). If you require any further information you can contact ILD on …..
    Or email ….

    Finally if you are dissatisfied with the handling of your request …..

    Cara Kidd

    And details of attached …

    05.03.2024 – Barclays
    In order to complete your request, we require additional information from you. Please can provide proof of identity and address whilst quoting ….Please provide copies of documents Not original as we cannot guarantee when they will be returned to you.

    The reason for this because your surname/address does not match what we hold on records

    Yours
    Barclays general data protection team

    13.03.2024 - Suspended Attachment of earnings order (in the county court ….)

    Judgment Creditor
    PRA Group (UK) Limited

    The court has made an attachment of earnings order in this case. If it is served on the judgment debtors employer it will require him to deduct £120.00 per month from the judgment earnings and send it to the court until £7,756.05, the amount payable under the judgment or order, together with any interest (where judgment is for more than £5000 or includes a sum in respect of contractual or late payment interest, the judgement creditor may be entitled to further interest) has been paid, but not so as to reduce the judgment debtors net pay below £1,600.00 per month

    The court orders that the attachment earnings order be suspended and not enforced so long as the judgment debtor punctually pays the judgement creditor instalments of £120.00 for every month, the first instalment to reach the judgment creditor by 01 April 2024 until the sum of £7, 756.05 referred to above has been paid.

    The court further orders that the service of the attachment of earnings order on the employer be deferred accordingly.


    If you (either the judgment creditor or the judgment debtor) object to the terms contained in this order, you must write to the court with your reasons. You have 16 days from the date of the postmark to do this. A hearing will be arranged and both parties will be told when to come to court.

    Take notice box …. Further information payment conditions ect

    Not acted on didn’t really understand

    15 April 2024 PRA Group
    Dear …..
    PRA Group (UK) limited V ….
    Claim no ….
    Customer ref no …

    We are pleased to confirm that the payment plan of £120.00 per month, commencing on 01.05.2024 has been set up. Full details of available payment options can be found overleaf.

    The legal process is paused while you make payments. If you are ever unable to make a payment, it is important to get in touch.

    if you are experiencing financial difficulties, we urge you to seek free debt advice form an agency such as …….

    Any further questions …
    Taobane Lahila head of litigation (solicitor)

    01.08.24 – PRA Group
    PRA Group UK Portfolios Ltd V ……
    Claim no ….
    Customer no …

    You should have received notification from the Court that a County Court Judgment (CCJ) has been granted in favour of PRA Group UK Portfolios Ltd with respect for the above account.

    We can offer you a discount to clear this debt, close your account and have the CCJ undated as satisfied. Where appropriate, your credit file will be updated to show you have made a settlement payment. Paying this amount may not look as good on your credit file as paying off your balance in full, and may affect you borrowing money in the future.

    If it suits your financial circumstances, we can take payment of £3,05.82 (CCJ - 7,637.05) to close your account

    This offer will expire on 29.08.2024. You also have options to spread the payments.
    Please contact us to discuss your current situation.

    If you need help ……

    Taobane Lahila

    I’ve not responded only contact from PRA has been missed calls

    Barclays DSAR - no signatures on any documents no identifying tick boxes
    Additionally PRA letter dated 12.02.24 stated waiting for agreement from Barclays, however nothing received.
    Im now guessing that this is unenforceable?

    Sorry for the information overload is there a way to update previous diary?

    thanks











  • #2
    Hi, sorry but I am not Legaly minded,
    have you been in contact with Joanna Connolly, who may be able to give some advice on this

    best wishes
    Nightwatch

    to update original. go to diary, find post to update, hit edit at bottom of post, then enter text, hit post.
    Or post a reply at bottom of page in Diary
    Last edited by nightwatch; 28 October 2024, 18:07.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Thank you so much for your reply
      ive just realised i can't use unenforceable once its gone to CCJ stage
      im not in a postion atm to seek legal advice atm hopfully in the not too distant future

      Comment


      • #4
        im not in a postion atm to seek legal advice atm hopfully in the not too distant future
        The first conversation with JCS is free if that's what's holding you back, if nothing else they might give you some idea of your options and put your mind at rest.

        Comment

        Working...
        X