PRA Group full and final settlement help please

[Joanna Connolly Solicitors]

Not permanently though Di which is why didn't mention it, definitely coming back just don't know when exactly yet.

Edit: Only been here a couple of months so more like an extended holiday than running away

I note you have edited your previous post.

There's been no suggestion of you running away from your debt (do you have others which may need help?).

Judges sometimes take the view that Defendants use the Consumer Credit Act for debt avoidance. This forum doesn't see it that way and neither does my firm.

It's a legal argument not a moral argument

Di

[Warwick65]

Well Freedom of Info requests are made to public bodies not privately owned debt purchasers so I think they might be another internet wacko - there's a few of them about you know

Also the rate paid which was 20% seems very high, very often these debts get sold for less than half of that. Additionally these were from a good few years ago and the accounts are likely to be pre 2007 so more likely to be UE

You often need to get a judge to order Deeds to be disclosed and they can be redacted

Posts crossed with Di

[Joanna Connolly Solicitors]

searching for those elusive people who have successfully made F & F settlements I came across the following (see post 3 from Charlotte).

https://www.netmums.com/coffeehouse/...ccpeted-d.html

Never believe anything you read on another internet forum - unless it was posted by me of course

The Freedom of Information Act gives you the right to access recorded information held by public sector organisations. There's a list of those here on the Government website > https://www.gov.uk/make-a-freedom-of...or-information

Freedom of Information Act legislation > http://www.legislation.gov.uk/ukpga/2000/36/schedule/1

You'll see there's no mention of MBNA on the list so it's probably safe to assume that you can take that netmums post with a pinch of salt! (It's also eleven years old.)

Di

[1Gent]

Whilst still searching for those elusive people who have successfully made F & F settlements I came across the following (see post 3 from Charlotte).

https://www.netmums.com/coffeehouse/...ccpeted-d.html

I know it’s a while ago but find it unlikely such a company would supply such information!

Any comments anyone?

[1Gent]

Sorry the tech clerk but there isn't much of that sentence I understand!

[The Tech Clerk]

the contents are what arrives with a Phishing letter = if you are not do so contact us, failure woukd mean you probably are? old trick to get contact with you,

[1Gent]

Not permanently though Di which is why didn't mention it, definitely coming back just don't know when exactly yet.

Edit: Only been here a couple of months so more like an extended holiday than running away

Edit 2: Will see if I can check land registry but currently doing maintenance!

[Joanna Connolly Solicitors]

I'm currently abroad

If you are currently living abroad then that may make a difference as to how you chose to manage this situation.

It's always best to give as much relevant information as possible when seeking advice from the forum, otherwise we're boxing in the dark.

Di

[1Gent]

Not Royal Mail! With a private company and no direct link to me or family plus I'm currently abroad

I had previously looked into how the Electoral Roll works (link below). Conformation from someone that this was/is would be good.

https://www.yourvotematters.co.uk/fa...toral-register

[Joanna Connolly Solicitors]

So far as MBNA / PRA are concerned the address has remained the same throughout and is still the same, however their letters have reached me through a redirection service as I haven't been their since June as sold, currently 'in between properties'.

So I'm glad I picked up on the possibility of that being a fishing letter to get confirmation of your whereabouts

You say you've moved house and set up a redirection service. There's anecdotal evidence that Royal Mail 'share' their information with various entities. It says they can do that buried in the small print in the Ts & Cs which you sign. Was it Royal Mail?

If you are "in between properties" you're probably not on the Electoral Roll at your current address so if PRA search your CRA file (have they?) you won't be visible at the new address - hence the fishing letter (if it was).

If PRA search Land Registry (a public register which anyone can search) they would see that you old property has been sold. Creditors/debt purchasers search Land Registry when a debt has the potential to be secured by a Charging Order if a CCJ is obtained.

I cannot give you debt advice (that activity requires authorisation by the FCA) but I can say that having a cynical attitude towards debt purchasers' modus operandi can be beneficial at times.

Di

[1Gent]

So far as MBNA / PRA are concerned the address has remained the same throughout and is still the same, however their letters have reached me through a redirection service as I haven't been their since June as sold, currently 'in between properties'.

Bob

[Joanna Connolly Solicitors]

Have you moved house at any stage since opening the MBNA account?

I ask because that PRA letter from June has a final paragraph which states: "if you are not the person referred to above, please don't hesitate to contact us on 0800 . . . ".

Could this be a fishing letter to see if you are living at that address? Was this offer made to tempt you to make contact?

The answer to my question will depend on whether PRA have your current address. You say they sent a Notice of Assignment in April so presumably they do.

Di

[1Gent]

Only ever owned by MBNA from start, summer 2011.

Default notice received early January this year.

Sold to PRA early April this year.

No don’t own my own home, sold when business went.

Another thing just in case it is relevant, some 16 days before the letter informing me MBNA had sold to PRA I had a letter to say that my MBNA account had been terminated and advising me of a recovery account number instead, presumably a first step of them legally selling the account, I’ll assume this is normal unless anyone flags up otherwise.

Warwick65: Re your first few paragraphs above.

If I do ever make an offer it will be carefully in writing and of course I don’t have any money myself so would have to be offered from a friend of mine on the basis the money is only available for a true F&F settlement.

Sorry my edited PRA letter may have given the wrong impression where I was trying to not be too specific! The total for paying off over 3 months is approx £65 more than for the lump sum and £115 more for paying it over 6 months, although I do realise this doesn’t necessarily mean it’s any more genuine an offer.

Bob

[Warwick65]

Hi

I have been thinking and to me something just doesn't seem right but of course I may be wrong.

What worries me is that if you call up to pay the 7K they will suddenly decide they won't accept it and realising you have cash will issue a claim for the full 20K

However I personally have never had an offer where basically they will accept the same be it in a lump sum or 6 payments - not that i ever took anyone up on it

There is a school of thought that says if they offer a discount there must be something wrong so they know they can't enforce , not a view I am entirely comfortable with to be honest.

A couple of questions which might help you decide and and us give better opinions

The account was an MBNA credit card? WAs it always that although I am not aware of MBNA buying other brands

Was it ever owned by anyone else other than the MBNA and PRA?

Did you ever receive a Default Notice - you might have said but I can't find it. MBNA from my personal experience were quite happy to leave a DN until just before sale - in my case about 4 years. I think this would have led to an unfair relationship , well that was a suggetion made by PRA's lawyers in a relatively recent case regaring limitations.

Finally do you own your own home ? If you do I am surprised they haven't issued a claim and tried to slap a charging order on it

[Joanna Connolly Solicitors]

Does anyone on here who has been in a similar position think the CCA request makes it more likely the DCA’'s will then chase even more, assuming they can provide said evidence?

That question is best answered by a clairvoyant not a lawyer

No one can tell you how a specific debt purchaser or their appointed DCA will react to a s 77-79 CCA Request. They all behave in different ways.

I think you're worried that if the current owner of a debt learns that the credit agreement is obtainable (and more importantly compliant with other statutory obligations) then that might trigger a claim. Maybe, maybe not.

But the flip-side of that (not sending a CCA Request) is that they may issue a claim regardless of having the credit agreement, and I can say from experience many thousands of claims are issued without the Claimant (debt owner) having the documentation they need to win.

Perhaps this is because 90% of claims go to Default Judgment (a CCJ) due to non action by the Defendant (debtor) so debt purchasers may take the view that it's worth giving it a go.

MOJ statistics > https://assets.publishing.service.go...n-mar-2018.pdf

Di