PRA Group MBNA unenforceable debt

[KB11]

I think you you need to look at this situation from a different angle.

PRA are chasing your husband for an unpaid debt. You’ve sent a s 77-79 CCA Request to them.

They’ve told you that the debt is currently unenforceable, but that doesn’t necessarily mean it will remain unenforceable for ever if they eventually source the credit agreement from MBNA or are able to reconstitute a credible one.

I wouldn’t do anything now that could provoke PRA to try harder to comply with your CCA Request, and then decide to issue legal proceedings against your husband.

Your focus should be on managing the debt, so can you say how much is the balance outstanding, is your husband still paying PRA, and if not when was his last payment towards this debt ?

Di

Hi

My husband had not paid anything towards PRA as of yet and they have just written back to say it is unenforceable but can still chase. The figure is 7K we are wondering how likely they would be to remove the default if we pay them an amount but not the full amount?
Thanks for all your help.

[Joanna Connolly Solicitors]

not paid anything towards PRA as of yet and they have just written back to say it is unenforceable but can still chase. The figure is 7K we are wondering how likely they would be to remove the default if we pay them an amount but not the full amount?

At a guess I would say they are highly unlikely to remove the default because under ICO rules they must report accurately - so if the account was defaulted in June 2018 then that is what it will say on the CRA files until six years have gone by (i.e. June 2024).

Obviously if the default was not in June 2018 then that information would be inaccurate, and should be corrected.

If any payments are made/accepted by PRA then the account may be marked 'settled' or 'part settled' if not the full sum, but the default would remain.

I asked when your husband had last made a payment to see whether the debt would be Statute Barred or nearing SB status. So when would his last payment to MBNA have been?

Di

[KB11]

Hi, the last payment was made in March last year when account was still with mbna. Thanks

[Joanna Connolly Solicitors]

the last payment was made in March last year when account was still with mbna. Thanks

So the debt will not be Statute Barred until at least March 2024 or more likely June 2024 if the Default date is accurate.

Maybe it'll be wise for your husband to not 'rock the boat' with confrontational correspondence over a Default which may be accurate especially if PRA are currently in default of his s 77 - 79 CCA Request.

He should send a Subject Access Request to MBNA to get the full history of the account prior to its assignment to PRA last year.

Di