GDPR Cookie Consent by SimpleServe Privacy Script MBNA/PRA - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

MBNA/PRA

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

  • MBNA/PRA

    • Type of account Credit Card
    • Date commenced April 2009
    • Approx balance £11,000
    • Date last paid Default date June 2015, last payment March 2015
    • Are you on arrangement or not paying Not paying
    • Status Defaulted June 2015
    • Account owner PRA
    Hi, long time no posts as long time no word from anyone

    This account has been totally quiet for 3 years, coming up to 6 years since the default date and I've had the odd letter reminding me to pay. Last letter today was offering a 70% discount, valid till 22nd April, obviously like all other such letters it will be filled and no action. But, it is very close to being (I think) SB. Since last paying in March 2015 I have not paid, nor written/acknowledged the account, so I'm looking for some advice. Previously, with another PRA account, they wrote with a big discount, then after the expiry date of their offer they started proceedings. For now I will do nothing, dont expect to hear from them till after 22/04, but what, if any, are my best options for delaying PRA putting a claim in before end of June? I think I'm right in thinking that as long as they get a claim in before the potential SB date then I can not use this as a defence? I need to be careful and start thinking here! I have not asked for a CCA or for any information from PRA on this account before

  • #2
    Originally posted by Arthur View Post
    • Type of account Credit Card
    • Date commenced April 2009
    • Approx balance £11,000
    • Date last paid Default date June 2015, last payment March 2015
    • Are you on arrangement or not paying Not paying
    • Status Defaulted June 2015
    • Account owner PRA
    Hi, long time no posts as long time no word from anyone

    This account has been totally quiet for 3 years, coming up to 6 years since the default date and I've had the odd letter reminding me to pay. Last letter today was offering a 70% discount, valid till 22nd April, obviously like all other such letters it will be filled and no action. But, it is very close to being (I think) SB. Since last paying in March 2015 I have not paid, nor written/acknowledged the account, so I'm looking for some advice. Previously, with another PRA account, they wrote with a big discount, then after the expiry date of their offer they started proceedings. For now I will do nothing, dont expect to hear from them till after 22/04, but what, if any, are my best options for delaying PRA putting a claim in before end of June? I think I'm right in thinking that as long as they get a claim in before the potential SB date then I can not use this as a defence? I need to be careful and start thinking here! I have not asked for a CCA or for any information from PRA on this account before
    Hi Arthur

    Hopefully by June 2021 (this summer) it will be statute barred.

    Who was the original creditor?

    Can I just ask, did you make the last payment or was it a debt management company on your behalf?

    They should now not contact you before 22/4 and if they do want to issue a claim they should send a letter of claim and you have 30 days to respond. If that happens post straight back here and we can decide the best course of action. That might be time to send a cca request but do not do that just yet.


    Several years ago I received a letter before action a few days before I sent a CCA request. I had no idea what a LBA was back then but I never heard from clarity again.

    Comment


    • #3
      Hi

      The original creditor was MBNA via Virgin Credit card.
      I made the last payment directly, still have a print out of the statement in the files.
      I'll hold tight and keep updated, would be good to see this one let go, but PRA arent known for being nice

      Comment


      • #4
        Originally posted by Arthur View Post
        Hi

        The original creditor was MBNA via Virgin Credit card.
        I made the last payment directly, still have a print out of the statement in the files.
        I'll hold tight and keep updated, would be good to see this one let go, but PRA arent known for being nice
        Thats great to hear. Yes let's hope it all goes quiet. At the moment I would not do anything unless you get a letter that needs responding to. Here's looking forward to June

        Comment


        • #5
          Originally posted by Arthur View Post
          Hi

          The original creditor was MBNA via Virgin Credit card.
          I made the last payment directly, still have a print out of the statement in the files.
          I'll hold tight and keep updated, would be good to see this one let go, but PRA arent known for being nice
          They were nice to me, I keep getting statements from them including an admission that it's unenforceable - as I believe Virgin cards generally are, from other posts on here.

          Comment


          • #6
            Originally posted by Arthur View Post
            The original creditor was MBNA via Virgin Credit card. . . . I'll hold tight and keep updated, would be good to see this one let go, but PRA arent known for being nice

            Hello

            Don't feel intimidated by PRA - they took me to court and lost because both of the credit agreements were ruled unenforceable.

            Jo explains what happened in my case here >



            Originally posted by Joanna Connolly View Post
            ‘“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
            I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

            I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


            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

            Working...
            X