PRA Group full and final settlement help please

[1Gent]

Hello Di,

Many thanks for the quick reply.

Opened July 2011.

May have been online but more likely an invitation but the only paperwork I have doesn’t show this.

Not previously assigned so far as I can tell, seems to have gone directly from MBNA to PRA. I have read about Experto Credite onine but don't believe they were involved.

I get what you say about a possible CCA but bear in mind that even though I consider DCA’s leaches of the worst kind it might not suit my circumstances to go through a slow process.

I’m guessing your second but last paragraph should read; Even if PRA are able to produce a credit agreement that doesn't necessarily mean the debt will be enforceable?

Thanks for the reference to your own case, you will be pleased to learn that I have not only read about it here in the past as well as on other forums but it is also probably the main reason it was in the back of my mind to tread carefully if PRA ever became involved in my case.

Thanks again
Bob

[Joanna Connolly Solicitors]

Hello

I'd like to ask you a few questions before making my suggestions.

When (what year) did you open this MBNA credit card and how did you open it (i.e. online, invitation letter, over the phone etc)?

Was this account assigned to anyone else before PRA such as Varde or Aktiv Kapital, and does the name Experto Credite mean anything to you?

My advice will probably be for you to send a s 77-79 CCA Request to PRA but wait until things become clearer before doing that.

Even if PRA are able to produce a credit agreement that doesn't necessarily mean the debt will be enforceable since there are many other statutory duties which need to be complied with.

Read about the the case of PRA v Diana Mayhew ( me ) and you'll see what I mean >

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

I look forward to helping you.

Di

[1Gent]

The assistance I need is relating to MBNA CC debt that has been defaulted on (no payments made since May 2017), hopefully someone can help advise my best option/s.

Attached are two letters received from PRA, the first just after they bought the debt (May 2018) and the second a few days ago, neither have been responded to in any way. Sorry if I’m being paranoid by editing out even the £ amounts but thought better safe than sorry.

PRA_1_Edit.pdf
PRA_2_Edit.pdf

My initial thought when receiving letter two was that ignoring their first letter had been a good idea and that I would probably try to raise the 7K and pay it off, however having re-read it I’m now not so sure.

What I found interesting was that the words ‘full and final settlement’ exist in the first letter but not the second and to me the part I have bordered in green on the second letter purposely leaves the possibility the remaining debt will remain live or be sold on to a third party

Anyway, what I’d like to know is;

• Should I pay or is there a chance the debt won't be fully cleared?
• Better to start by sending a CCA Request?
• However, if a CCA request were successful and PRA have got and produce said docs how do I stand then? Might I end up being chased for the lot?

Lastly, even having posted this in the unenforceable credit agreements section I’m not sure I’m particularly inclined to play the long game like some on this forum (even though I have all the respect in the world for those who do), although I guess this will largely depend on the response to my last question above.

Many thanks
Bob