PRA Group MBNA unenforceable debt

[KB11]

Hello

First of all if an account has defaulted then the creditor may register the default with the Credit reference Agencies, although the date must be accurate. Is it possible that MBNA defaulted you in June 2018 then assigned/sold the debt to PRA in November 2018?

If a debt owner cannot comply with a s 77-78 CCA Request then they cannot enforce the debt in court. This doesn't mean the debt has been extinguished. It still exists but they can't enforce it in court. It's then up to you to decide whether you wish to continue to pay towards the debt or not.

This situation continues until or unless the debt owner does comply with your request which can be up to a year later, sometimes even longer. During that time the debt is in limbo legally speaking. This doesn't mean that the debt owner should remove the default from your CRA file. It will be removed automatically six years after it was put on - in fact the whole account entry vanishes at that point.

Can you add a little more information such as how much is the outstanding balance, when (what year) did you open the account, when did you last pay anything towards the account, and was it assigned direct from MBNA or was it assigned to another debt purchaser before that such as Aktiv Kapital?

Di

Hi, MBNA did not put the default on it was PRA Group, The account was opened in April 2005, the last payment made by myself was March 2018. It was assigned directly from MBNA to PRA Group in August 2018, the default was put on in June 2018 by PRA and not MBNA and shows under PRA on my credit file MBNA have never put anything on my file. The balance left is £7,169.35.

[Joanna Connolly Solicitors]

PRA Group are chasing for a debt for MBNA. I wrote to PRA asking for information Sections 77-79 CC Act 1974 and got the following response " . . . . we are awaiting further documents in order to complete your request. . . .we currently deemed this debt as unenforceable which means we are not able to take court or further enforcement action against you"

. . . They have now put a default on my account dated June last year. I dont know when the debt was sold but I was only contacted by them in Nov. Can they put a default on for an unenforceable debt? I want to get this removed from my credit file

Hello

First of all if an account has defaulted then the creditor may register the default with the Credit reference Agencies, although the date must be accurate. Is it possible that MBNA defaulted you in June 2018 then assigned/sold the debt to PRA in November 2018?

If a debt owner cannot comply with a s 77-78 CCA Request then they cannot enforce the debt in court. This doesn't mean the debt has been extinguished. It still exists but they can't enforce it in court. It's then up to you to decide whether you wish to continue to pay towards the debt or not.

This situation continues until or unless the debt owner does comply with your request which can be up to a year later, sometimes even longer. During that time the debt is in limbo legally speaking. This doesn't mean that the debt owner should remove the default from your CRA file. It will be removed automatically six years after it was put on - in fact the whole account entry vanishes at that point.

Can you add a little more information such as how much is the outstanding balance, when (what year) did you open the account, when did you last pay anything towards the account, and was it assigned direct from MBNA or was it assigned to another debt purchaser before that such as Aktiv Kapital?

Di

[Timewilltell]

It is my understanding that a default can only show on your credit file once, so when did the account originally default, it may be that the mbna had already put the default on your file and it has subsequently come off as it has been 6 years or more? Alternatively it may just have transferred to PRA group if within the 6year period from original default?

[KB11]

Hi I wonder If I could have some advice please. PRA Group are chasing for a debt for MBNA. I wrote to PRA asking for information Sections 77-79 CC Act 1974 and got the following response " I Refer to your request for copy documentation regarding the above account. Please find enclosed documentation received to date (nothing was sent); we are awaiting further documents in order to complete your request. (This letter is dated Feb this year). They go on to say we currently deemed this debt as unenforceable which means we are not able to take court or further enforcement action against you to recover the outstanding balance.... They go on to say it is not written off but they legally are entitled to keep contacting me, pass details on to a third party collection agency, and continue to report on my credit file. They have now put a default on my account dated June last year. I dont know when the debt was sold but I was only contacted by them in Nov. Can they put a default on for an unenforceable debt? I want to get this removed from my credit file so want to know the best way to go, should i offer a token payment?

Many Thanks