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  • #46
    Originally posted by PlanB View Post



    The good thing is you now have a letter from PRA which states "no credit agreement would have been set up when opening the account". This suggests that they're not even going to bother asking NatWest if one exists

    They're entitled to their opinion, but it's only an opinion not necessarily a statement of fact. As Niddy has said a Judge saw things differently in a recent case explained by Jo here >






    Was this an unarranged overdraft or an arranged overdraft which should have been renewed in writing every year after October 2012?

    Di
    Well then this is a nice bit of news to start off with, I shall keep it safe for now and see what comes after.

    In answer to your question, it was an arranged overdraft, previously a student, then graduate overdraft then just a normal overdraft, I certainly don’t remember it being reviewed once a year?

    Comment


    • #47
      When did you enter into the agreement for the arranged overdraft?
      Legal Disclaimer
      I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

      If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

      Comment


      • #48
        read back and can see 2006.

        Yes agreement regulated by the Consumer Credit Act 1974 and S.78 of the Consumer Credit Act 1974 is applicable.
        Legal Disclaimer
        I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

        If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

        Comment


        • #49
          See, PRA are chatting shit. They do this regularly, as you correctly say - wait and see

          Don't push them. They're in default of your s.78 request.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #50
            Originally posted by Never-In-Doubt View Post
            See, PRA are chatting shit. They do this regularly, as you correctly say - wait and see

            Don't push them. They're in default of your s.78 request.
            Thank you!

            I’m already so humbled by how willing you all are to help. This situation sent this mamma to the scariest, deepest, darkest of places in 2019 and I just wish I knew then what I know now. The sense of shame I used to feel has very much turned to a very strong sense of determination. ?


            Comment


            • #51
              Originally posted by Never-In-Doubt View Post
              PRA are talking nonsense.

              Originally posted by Never-In-Doubt View Post
              PRA are chatting shit. They do this regularly

              I agree

              Also thank you for the reminder that this forum does not have a swear filter so members are able to let off steam in posts on their threads when they feel overwhelmed by debt purchasers (and original creditors) who bully them when they (the business) may not have a legal leg to stand on!

              Di



              Comment


              • #52
                ... this forum does not have a swear filter
                Now you tell me - I've bitten my tongue so many times when updating (primarily PRA's) shenanigans with me .

                Good luck Jumpy, I'm no fan of PRA. FWIW they've just taken me to court & lost, so stay strong and know that this forum will have your back.


                Comment


                • #53
                  Very interesting to hear about your dealings with PRA! I have an OD from NW with them too. I’ve not heard from them for ages though so I think I’m just going to sit tight for now and not poke the beast.

                  Really nice to read similar stories. Good luck

                  Comment


                  • #54
                    Good luck, keep us updated.

                    As for swear filter; noooo - we're all adults & advocates of free speech
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #55
                      Originally posted by JumpyMonkey View Post
                      Replies received for all my PRA accounts, mostly bundled onto one letter and including a factsheet on requesting information about original credit agreements.

                      Also, all of my postal orders from PRA have been returned, do I keep them as documentation?

                      Meanwhile

                      The answer to your other question is *Yes* keep the returned postal orders stapled to the letter which came with them so you have proof that you did pay the statutory fee. And they have helpfully proved that they received your CCA Request otherwise they wouldn’t have been able to return the postal orders.

                      Job Done!

                      Di

                      Comment


                      • #56
                        Originally posted by JumpyMonkey View Post
                        ADVANTIS / Home Retail Group (Argos)

                        • Type of account: CC
                        • Date commenced: 2012
                        • Approx balance: £790
                        • Last FULL payment: October 2017
                        • Last TOKEN payment: September 2020
                        • Status: Default
                        • Account owner: DCA Advantis

                        29/04/21 - CCA Request and £1 postal order sent
                        08/05/21 - letter received from Advantis:

                        “We recently received a postal order in relation to your outstanding debt with Argos Card; however, we were unable to cash the postal order has it has not been made payable to Advantis.


                        We have enclosed the postal order for your records. Please advised that you do no need to re-issue the postal order as no further action will be taken by Advanta’s in relation to this account”

                        ...And the award for most ambiguous / bullshit letter, complete with spelling mistakes (even of their own company name!), goes to...

                        ADVANTIS!!!!!!!!


                        The letter was signed :

                        Ella
                        Advantis Credit Ltd

                        I think Ella with no surname might be new?

                        I’m lost with what to do next with this one - no further action is being taken on this account? As in they are handing it back to Argos, or they are just ignoring it? Also zero mention of my CCA request.



                        Comment


                        • #57
                          sit back and see what comes next, seems they do not want to play
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #58
                            Originally posted by JumpyMonkey View Post
                            [COLOR=#3498db]08/05/21 - letter received from Advantis:

                            We have enclosed the postal order for your records. Please advised that you do no need to re-issue the postal order as no further action will be taken by Advanta’s in relation to this account

                            I’m lost with what to do next with this one - no further action is being taken on this account? As in they are handing it back to Argos, or they are just ignoring it? Also zero mention of my CCA request.

                            That was quick since you only sent your CCA Request on 24th April (i.e. the weekend before last) and it seems they've dropped collection of your account like a hot potato in response. Yay!

                            There's nothing you need to do until or unless you receive the next inevitable letter from someone, and then post on your thread for suggestions of how to manage the situation.

                            The fact they didn't mention your CCA Request is not a problem since they returned your £1 postal order so must have received your CCA Request or they couldn't have done that (returned your postal order)

                            Di

                            Comment


                            • #59
                              Originally posted by JumpyMonkey View Post
                              NatWest/PRA

                              • Type of account: CC
                              • Date commenced: 2010
                              • Approx balance: £2650
                              • Last FULL payment: October 2017
                              • Last TOKEN payment: September 2020
                              • Status: Default
                              • Account owner: PRA


                              29/04/21 - CCA Request and £1 postal order sent
                              06/05/21 - Reply from PRA " We have received your correspondence and requested the required information." Account on hold. Postal order returned as PRA do not charge a fee (so what do I do with the 6 returned postal orders??)- Filed
                              11/05/21 - CCA received from PRA along with CC statements - agreement is 2 pages long and looks like the internet application form with a tick box for signature. Not sure where to go from here or how to know if all looks in order?

                              Comment


                              • #60
                                Originally posted by JumpyMonkey View Post

                                11/05/21 - CCA received from PRA along with CC statements - agreement is 2 pages long and looks like the internet application form with a tick box for signature. Not sure where to go from here or how to know if all looks in order?

                                Email a copy of what you've been sent to Niddy for his opinion using webmaster@all-about-debt.co.uk

                                Documents can look in order on face value but they can also be recons which are not necessarily 'honest and accurate'.

                                Di

                                Comment

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