Template letters?

[Timewilltell]

Morning all,

Just a quickie are the template letters up to date as I may be in need of one shortly? imminent PRA coming in, so may need the CCA request template to slow them down!

Forever thankful.

[nightwatch]

as far as we know the CCA request is still valid.

[Joanna Connolly Solicitors]

imminent PRA coming in, so may need the CCA request template to slow them down!

Can you tell me more about the PRA debt since I can't find any posts on your other thread.

Sometimes it's a good thing, and sometimes it's not a good thing to send a CCA Request. It's all about timing.

A CCA Request may slow them down but it won't get rid of them; in fact it may only encourage them to get their house in order with documentation and then issue a claim.

Have you received a 'Letter of Claim' from them, or just a regular debt letter which has unsettled you?

(Some of the forum templates are currently being refreshed).

Di

[Timewilltell]

Hi Di,

the long and short is that Lloyds sold an account to them December last year, i have had a couple of intro letters and requests to pay, now they have sent a letter saying with Investigations and Litigations department and i have 30 days to respond otherwise they will consider legal proceedings, whilst this would not normally bother me, i know that PRA are keen to litigate, so just thought a CCA request may show what they have as i know Lloyds don't always pass on the CCA etc.

the account defaulted in 2015, no payments from early 2016 if i remember correctly. they might just be testing the water, so i may well just hold my nerve a little longer and wait their next move.
I have had a SAR from Lloyds a couple of years ago for something completely separate and know the agreement was there.

[nightwatch]

because it was in your Sar then, does not mean it is still there now.

[The Tech Clerk]

Claim Received CCA Request Template === only use if advised on here

[Joanna Connolly Solicitors]

Claim Received CCA Request Template === only use if advised on here

PRA have not issued a claim (yet!) so let's see what transpires.

Di

[The Tech Clerk]

That is why if advised stated

[Joanna Connolly Solicitors]

Hi Di,

. . . Lloyds sold an account to them December last year . . . they have sent a letter saying with Investigations and Litigations department and i have 30 days to respond otherwise they will consider legal proceedings, whilst this would not normally bother me, i know that PRA are keen to litigate . . .

the account defaulted in 2015, no payments from early 2016 . . .

I have had a SAR from Lloyds a couple of years ago for something completely separate and know the agreement was there.

So PRA's 'Investigations and Litigation' department have written to you. Email me their letter (we have spoken previously) so I can see what they may have in mind using di@joannaconnollysolicitors.co.uk

Was this originally a credit card, personal loan or a current account overdraft, and what year was the account opened? How much do PRA say is the current outstanding balance?

If the account was defaulted in 2015 (according to you) and no payments have been made by you (and no acknowledgement of the debt?) since "early 2016" then this may have been flagged up as a debt nearing Statute Barred status so please tread carefully so as not to attract attention to yourself until we've done some discrete background research

From what you say they are "considering legal proceedings". PRA considered legal proceedings against me and then went ahead which was a big mistake since they lost in court and had to pay my legal costs.

This post by Jo explains that it takes more than issuing a claim to actually win a case >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGNMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Di

[Timewilltell]

Diana Mayhew you have mail.

[Joanna Connolly Solicitors]

Hi Di,

. . . a CCA request may show what they have as i know Lloyds don't always pass on the CCA etc.

. . . so i may well just hold my nerve a little longer and wait their next move.
I have had a SAR from Lloyds a couple of years ago for something completely separate and know the agreement was there.

I've received your email and replied.

Can you also send me the document from your SAR to Lloyds which you believe is the credit agreement.

If your aim is to get to Statute Barred before any claim is issued then wait to send the CCA Request until you receive a 'Letter of Claim' giving you 30 days to reply.

In the meantime look through that SAR to see if there's any reference to a Default Notice etc.

Di

[Timewilltell]

I’m not home until weekend so will dig it out then.