PRA Group full and final settlement help please

[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

[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]

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

[1Gent]

I did Di but only so you had the picture.

[1Gent]

As much as I don’t wish to accuse all on this section of the forum of being a one trick pony, I couldn’t really get much help with what I was trying to achieve so had to go it on my own. It took me only a touch over three weeks to achieve exactly what I wanted, namely to only pay the reduced (by two thirds) amount offered by PRA as a Full & Final settlement, meaning I can now forget about it. See attachments.

To_PRA_1.pdf
From_PRA_1.pdf
Reply_to_PRA.pdf
From_PRA_2.pdf

It seems that because nearly everybody answering here has been in a similar situation themselves in the l past this section of the All About Debt Forum seems to have become a bit of a bank and DCA bashing exercise, as well as an advert for Joanna Connolly Solicitors.

Like most others I disagree with the likes of PRA being able to make vast profits from others misfortunes. On the other hand the banks themselves, as well as the CC companies, do the same on a daily basis and often whilst providing a less than adequate service. Although while on the subject these days many UK companies make millions (Telecoms, utilities and Airlines for example) and Joe public still happily uses them in spite of the level of service often being worse than bad.

So hopefully it will get through to some that because I wished to deal with this debt as quickly as possible and move on with my life sooner rather than later, it doesn’t make me a DCA sympathiser or lover of anyone in any type of financial organisation, just someone who became clear in his own mind that his preference (even if different to others) was to not spend the next six years waiting for the next letters to arrive or waiting to see if they do.

Mostly people provided me with advice on how the card companies would trick me, track me down, take me to court and even how a judge may or may not react to me, but nothing much discussing what I actually asked for help with.

In particular Diana Mayhew’s post number 9 (link below) even advised me that whether or not I spend several years dealing with this wasn’t in my control, Diana I beg to differ!

I also agree that nobody wants to spend several years dealing with debt but sadly that's not something that's within your control. The debt purchasers/creditors hold all the cards until you find a way to turn the tables. A section s 77-79 CCA Request can be the start of shifting the dynamics.

Di

However I am willing to accept that in the main people on here are genuinely trying to help others from their own experience (Warwick65 being the best example), in exactly the way forums are supposed to work, only perhaps things are becoming a little too biased towards using CCA requests.

My hope is that this may help others in a similar situation who will at least feel they can consider there may be another way, and that even if it won’t suit everyone with one of these offers I had, with very carefully written letters and proceeding with caution, for some it might be a better option than a CCA request.

[vaper]

As much as I don’t wish to accuse all on this section of the forum of being a one trick pony, I couldn’t really get much help with what I was trying to achieve so had to go it on my own. It took me only a touch over three weeks to achieve exactly what I wanted, namely to only pay the reduced (by two thirds) amount offered by PRA as a Full & Final settlement, meaning I can now forget about it. See attachments.

[ATTACH]n1515892[/ATTACH]
[ATTACH]n1515894[/ATTACH]
[ATTACH]n1515896[/ATTACH]
[ATTACH]n1515898[/ATTACH]

It seems that because nearly everybody answering here has been in a similar situation themselves in the l past this section of the All About Debt Forum seems to have become a bit of a bank and DCA bashing exercise, as well as an advert for Joanna Connolly Solicitors.

Like most others I disagree with the likes of PRA being able to make vast profits from others misfortunes. On the other hand the banks themselves, as well as the CC companies, do the same on a daily basis and often whilst providing a less than adequate service. Although while on the subject these days many UK companies make millions (Telecoms, utilities and Airlines for example) and Joe public still happily uses them in spite of the level of service often being worse than bad.

So hopefully it will get through to some that because I wished to deal with this debt as quickly as possible and move on with my life sooner rather than later, it doesn’t make me a DCA sympathiser or lover of anyone in any type of financial organisation, just someone who became clear in his own mind that his preference (even if different to others) was to not spend the next six years waiting for the next letters to arrive or waiting to see if they do.

Mostly people provided me with advice on how the card companies would trick me, track me down, take me to court and even how a judge may or may not react to me, but nothing much discussing what I actually asked for help with.

In particular Diana Mayhew’s post number 9 (link below) even advised me that whether or not I spend several years dealing with this wasn’t in my control, Diana I beg to differ!



However I am willing to accept that in the main people on here are genuinely trying to help others from their own experience (Warwick65 being the best example), in exactly the way forums are supposed to work, only perhaps things are becoming a little too biased towards using CCA requests.

My hope is that this may help others in a similar situation who will at least feel they can consider there may be another way, and that even if it won’t suit everyone with one of these offers I had, with very carefully written letters and proceeding with caution, for some it might be a better option than a CCA request.

I have been following this thread because I am in a similar position with PRA ex MBNA and have received almost identical settlement letters (apart from the amounts).
I am glad you managed to close the account with a full and final settlement which you were happy with.
You say you didn't get the answers you needed and ended up finding the information yourself. Well done.
I do think that your post comes across as very rude to the people on this forum have offered you advice free of charge!!!!! Just my opinion of course.
I will carry on reading these boards and take the free advice offered by the many lovely, helpful members.

[cymruambyth]

1Gent I am sorry that you feel let down by AAD. Not many people are in the position to raise the money that you could to arrange a F&F settlement for their debts, so the advice given reflects this.
The reliance on CCA requests is because knowing whether or not there is a legally enforceable agreement can help people decide on the best way to proceed.
Finally to state that this site is free advertising for Jo Connolly is a total misnomer. Procedural and legal guidance is given through the vast experience that Jo has in fighting to ensure that the Consumer Crefit Act is correctly enforced. This advice on the site is free. Di, after having spent many years fighting financial battles has gained considerable experience with which she tries to help others; she gained a job with Jo due to the knowledge that she had gained. Her signature reflects her job not as an advertisement. The advice she gives has saved many posters a considerable amount of money and given support and comfort at difficult times in their lives.

As you stated this site is a self help group with people giving advice based their experiences and when they have the opportunity to spend time here.

[1Gent]

Vaper,

My post wasn't intended to be rude just to the point so I would certainly apologise to anyone who felt this was the case.

The point I was making is that I couldn't find the information myself anywhere, so when I wrote the first letter to PRA I was totally flying by the seat of my pants, and had they come back and said "We want 100% of what we are owed" I would have been stuffed. On the other hand nobody seemed to know either how I stood should I do a CCA request which failed because PRA had all of the documents needed, and as I said from the start personal circumstances meant I was unsure about playing the long game.


cymruambyth,

I accept the point that few people could raise the money to clear their debts in this way, but in my particular case I did make it clear from the start that I was willing and able to borrow the money.

[Roger]

On the contrary there are very good reasons for NOT going the F&F route.
If the Debts are UE and they will remain on your Credit File for 6 years! Why would you want to fork out a penny to PRA?
These Debts have been written off for tax purposes. That means monies which might have gone to genuine Charity.
It is your choice off course AND in some Cases yes! However do you have any guarantees that the residual Out Standing Debt won't be sold ON because this is a partial settlement.

This happens. AAD wish you well.

[Roger]

The problem is no Diary Entry to help.
Its almost impossible to advise without at least the basic Info.
Can really speculate without more knowledge and background detail.

Each Case really is different. The Law is more dynamic than you might think.
However in the End you are satisfied with your Outcome. This is all that really matters.
As I say AAD wishes you well.

[1Gent]

However do you have any guarantees that the residual Out Standing Debt won't be sold ON because this is a partial settlement.

This happens. AAD wish you well.

Only the paragraph on their reply as below

[vaper]

Vaper,

My post wasn't intended to be rude just to the point so I would certainly apologise to anyone who felt this was the case.

The point I was making is that I couldn't find the information myself anywhere, so when I wrote the first letter to PRA I was totally flying by the seat of my pants, and had they come back and said "We want 100% of what we are owed" I would have been stuffed. On the other hand nobody seemed to know either how I stood should I do a CCA request which failed because PRA had all of the documents needed, and as I said from the start personal circumstances meant I was unsure about playing the long game.


cymruambyth,

I accept the point that few people could raise the money to clear their debts in this way, but in my particular case I did make it clear from the start that I was willing and able to borrow the money.

Sorry, my mistake. I took it the wrong way

[Roger]

Only the paragraph on their reply as below

But where in the CCA is there any provision for F&F ? You wont find it in the Consumer Credit Act. Could or would that F&F stand up in Court?
This isn't a Tomlin agreement and in reality you won't be Statute Barred until 6 years from now because you have acknowledged these Debts and this is at face value not partial value.
It is worth while looking at how this is shown on your Credit Reports BTW.

Actually a better route for you would have been to offer them a £1 per month.

[Roger]

Only the paragraph on their reply as below

But where in the CCA is there any provision for F&F ? You wont find it in the Consumer Credit Act. Could or would that F&F stand up in Court?

This isn't a Tomlin agreement and in reality you won't be Statute Barred until 6 years from now because you have acknowledged these Debts and this is at face value not partial value.

It is worth while looking at how this is shown on your Credit Reports BTW.

Actually a better route for you would have been to offer them a £1 per month.

[1Gent]

But where in the CCA is there any provision for F&F ? You wont find it in the Consumer Credit Act. Could or would that F&F stand up in Court?

[LEFT][COLOR=#555555][FONT="Noto Sans"][SIZE=13px]This isn't a Tomlin agreement and in reality you won't be Statute Barred until 6 years from now because you have acknowledged these Debts and this is at face value not partial value.

Roger,

From everything I have ever read, a lot of it on this actual forum, the DCA's pay a very small percentage when they buy these debts, it therefore seems to me to be pretty unlikely they are going to spend time chasing someone who has paid about 30% of the total (more than ten times their cost if estimates are correct) especially after sending the letters I have received. If this should happen I will quite happily try my luck in front of a judge in court.

I would have been statute barred for almost 6 years in any case and from my reading once it was defaulted nothing was going to stop that anyway, even paying it off in full!

Actually a better route for you would have been to offer them a £1 per month.

Everybody who I asked on forums (and even citizens advice) suggested that if I was on any kind of payment plan with PRA, whether it be a pound or a lot more per month, they would want regurlar income and expenditure forms completed along with proof of income, or in the case of unemployment proof of this and a good reason you can't get a job. As it is my intention to get straight back into self employment and build a decent business rather than become a layabout this course of action doesn't seem to make very much sense to me.