Pra Group

[creditcritter]

Re: Pra Group

Yes Pra , Brodie's solicitors are now chasing me on there behalf even though the Cca is unenforceable & the debt is still being disputed , the debt was sold by Mbna a long time ago to Experto Credito who are in liquidation yet Brodies say Pra where sold the debt by Mbna alll vey confusing if Mbna sold the debt years ago how can Mbna have sold it to Pra post liquidation of Experto surly makes it even less enforceable ?

[The Tech Clerk]

Re: Pra Group

to PRA group as before no doubt

[creditcritter]

Re: Pra Group

An interesting point you made previously my alleged debt was sold to Experto who are in liquidation , I have just read the liquidators information they are unable to supply deeds of assignment & may have passed the debt onto another agency or back to the original lender ?

[creditcritter]

Re: Pra Group

Hi Plan B I have not bothered you further as all had gone quiet , it turns out the answer to my complaint from a while ago from Pra was a trap they wanted to give me £400 compensation if I agreed to all there terms making me sign I actually owed the money then they would have me , I have done as you said kept my head down they have now sent the file to Brodie's who are asking me to pay all monies due by a date in June or they may consider legal action without notice but also wishing to talk about a payment plan , my wife dose not want to go to court regarding this , what would your advice be , I sent the request to Mbna for Sar request unfortunately heard nothing back big mistake , I did not send by recorded delivery which is the usual way I do no no proof on that

[PlanB]

Re: Pra Group

To Mbna remember it was an Abbeycard ( Abbey National ) operated by Mbna

The answer is: send the SAR to MBNA - assuming the question was "where do I send the SAR?"

Di

[creditcritter]

Re: Pra Group

To Mbna remember it was an Abbeycard ( Abbey National ) operated by Mbna

[PlanB]

Re: Pra Group

sounds the best plan

The thing is you are quite rightly angry at the way you have been treated but unfortunately indignation is not a Defence.

So far you've put in a lot of effort with fighting PRA but now it's time to concentrate on what you need to do in case they issue proceedings.

There's a SAR template letter here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Di

[creditcritter]

Re: Pra Group

Thanks very much Di will go by your guidance sounds the best plan

[PlanB]

Re: Pra Group

Will need you check more accurately later but if I remember correctly

1) If I remember correctly Experto purchased the debt from Mbna
2) don't think there was Ppi but will check again
3) point 9 you would be better reading I have sent it to Niddy as I don't know how to forward you it
4) they seem to think once the statement of account arrives they can re start , Niddy reckons what they have sent me would fail to stand up in court due to a past case involving Pra you would need to see for yourself

Thanks for all that.

The idea is to do the research before any claim is issued so that you are in the best possible position to fight it. I'm familiar with PRA claims so that's why I've focused on the Varde (Experto Credite) connection.

Even if you've got an unenforceable credit agreement it's still a good idea to throw in as many other legal arguments as you can in case one doesn't stick.

You haven't got a claim yet but there's no harm in being proactive

If you need to email us please use di@joannaconnollysolicitors.co.uk

Di

[creditcritter]

Re: Pra Group

Will need you check more accurately later but if I remember correctly

1) If I remember correctly Experto purchased the debt from Mbna
2) don't think there was Ppi but will check again
3) point 9 you would be better reading I have sent it to Niddy as I don't know how to forward you it
4) they seem to think once the statement of account arrives they can re start , Niddy reckons what they have sent me would fail to stand up in court due to a past case involving Pra you would need to see for yourself

[PlanB]

Re: Pra Group

Item No 4 - who does PRA say they've purchased the debt from in the NOA? Does it say MBNA?

Does your wife recall getting any letters from or paying Experto Credite at any point in the debt's lifecycle? If so has she ever received a letter from Experto saying that Varde had been assigned the account by MBNA? I would normally suggest a SAR to Experto Credite but 'for one reason or another' they went into liquidation last November.

When was anything last paid towards the account and who was it paid to?

Di

[PlanB]

Re: Pra Group

That's helpful.

No 3 on your list has caught my eye since it suggests the account was assigned to Varde (managed by Experto Credite) before it was probably assigned by them (Varde) to MKDP. If PRA do issue proceedings they will need to prove the assignment trail.

Was there PPI on the account and if so when they sent a response to your CCA Request did it include the PPI's Ts & Cs? They would have to do that in order to comply with your request. PPI wasn't always obvious to the account holder who may not have realised it had been added. Is there a PPI tick box on that "CCA" you've been sent?

You've posted on your thread that this debt is your wife's. She needs to send a Subject Access Request to MBNA right away so you've got the full history of her account. The Transaction Log may prove to be illuminating. MBNA can be slow to respond to SAR requests so it makes sense to do that now so that you're one step ahead of them (PRA) if they decide to issue proceedings,

I don't understand point No 9. Do you mean PRA's complaint response letter is not valid for some reason? Or do you mean they also sent you the same credit agreement again with their response letter and it's the credit agreement which is not valid?

Finally you say that they said they would resume collections once they had sent you a statement, so presumably the debt will not be passed to Brodie's until then (at the earliest). Post up when the statement arrives.

Di

[creditcritter]

Re: Pra Group

Plan B I will post what I can amount £6,363.07 Abbeycard / Mbna ( Abbey National )

1) Pra recieved my CCA request 16/12/2015;
2) 17/12/2015 recieve confirmation of request recieved returning my postal order for £1
3) 20/01/2016 recieved small signature box signature form enclosed terms dated 11/02 plus a printed date with details sub client Varde Experto
4) 24/010/2016 recieve a letter of assignment saying Pra Group have purchased the debt
5) 11/11/2016 I get sent an income & expenditure sheet which I have done nothing with as I am disputing the debt as they have not recieved a valid complete Cca , I again requested a valid Cca
6) 8/12/2016 recieved the same as a year earlier but with several sheets of transactions attached & the same signature form with the date on the terms hand altered to 11/03 they where now intimating it was time to make an arrangement to pay within ten days of the letter
7) 6/01/2017 recieved letter they had investigated my personal circumstances & where going to pursue the best action to get full payment naming the usual threats & saying if I did not contact them it would be passed to there solicitors Brodie's for litigation
8) approximately say 10/01/2017 I recieved a follow up call to the letter I recieved previously from an operative that was clueless to the paper trail her only mission was to threaten me with action & to be as intimidating as possible , I took out my folder & quoted times dates etc she was clueless , I gave her better than I got & asked to place a formal complaint about the unfair relationship with her company as the paperwork trail was all over the place in there file & they had not not addressed my request regarding a valid Cca & as such the account was in dispute I put it all in writing
9) recieved a reply to my letter of complaint 10/02/2017 answering & upholding most of my point except one they reckoned they had supplied a valid Cca they have apologised for poor handling of my case & have offered me £480 compensation for upheld point if I sign the acceptance form that my complaints have been resolved sounds like a trap to me , they say they will resume collections when they have sent me a statement of account , I have sent Niddy the latest letter he has advised me that what they have sent me is not valid.

[PlanB]

Re: Pra Group

Hi I will take advice from all Plan B

My first question is how much is the balance outstanding on this debt?

You live in Scotland.

PRA have threatened you with referral to Brodies solicitors. The implication being that they (Brodies) may be instructed to issue legal proceedings.

If that happens then a claim under £5k will follow "Simple Procedure" rules http://www.scotcourts.gov.uk/rules-a...rocedure-rules

If any claim has the potential to be over £5k then it my follow "Ordinary Cause" rules https://www.scotcourts.gov.uk/rules-...ry-cause-rules

As I have said I'm happy to help but you need to post the history of this debt including who said what to whom and when.

Your first post said it was an MBNA/Abbey credit card. Do you mean it was an Alliance and Leicester account which was taken over by MBNA?

requested a cca from Pra group long story , in January I recieved a small box application agreement standard Mbna Abbey card type pretty unreadable with some terms on the back , some application details attached pretty basic print out attached , they said in the letter I would here no more from them until they could complete my request , today I recieved the same again with a few pages of transactions on a print out demanding the balance thought I had heard the last from them what has changed the card was taken out in 2003.

And so on . . . .

Di

[Spud]

Re: Pra Group

Some good advice there - Dont let them wind you up etc

Plan B really does know her onions with these things so definately listen to anything she advises

Plan B/Jo were absolutely brilliant when PRA started claims with myself - They soon backed off once they were on their case so take some reassurance from their previous succeses