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  • Unenforceable debt query

    Hi.
    I have an unenforceable debt with PRA group (defaulted in 2016) which I have not been paying for over a year now. However I am now hoping to get a mortgage and my mortgage advisor has said that he is concerned about the non payment to this debt. So, I am wondering if now is the time to offer a full and final on the debt or to restart payments for a few months so my bank statements show regular payments. Has anyone had any experience in a similar situation?I do have other defaulted debts but because I have been paying them regularly they are apparently not too much of an issue. Thanks for any help.

  • #2
    Originally posted by Nicsam View Post
    I have an unenforceable debt with PRA group (defaulted in 2016) which I have not been paying for over a year now. . . . my mortgage advisor has said that he is concerned about the non payment to this debt. I am wondering if now is the time to offer a full and final on the debt or to restart payments for a few months so my bank statements show regular payments. . . . . I do have other defaulted debts but because I have been paying them regularly they are apparently not too much of an issue.

    Hello

    In order to answer your question I need to ask you a few questions of my own.

    If the Default currently showing on your CRA file was registered in 2016 it won't be removed until 2022 even if you agree a settlement with PRA. It may be marked part-settled but the blemish would still be there when it comes to credit scoring for a mortgage.

    You say the debt is "unenforceable" so can you explain why you believe that to be the case? Perhaps you sent a s77-79 CCA Request (when?) and someone (who?) told you the debt was then unenforceable?

    Who was the original creditor before it was assigned to PRA (or possibly to someone else before PRA)? Should they (original creditor) have defaulted you earlier than 2016? For example Barclaycard had a reputation of defaulting accounts a year or two late.

    How much is the balance outstanding with PRA?

    I'm not sure why your mortgage broker thinks other Defaults on your file won't be an issue for mortgage approval just because you are paying them. A Default is a Default is a Default.

    Are all these other Defaults also from 2016 or could some of them be from earlier so will fall off your CRA file sooner?

    I'm not being negative - it's important to know the facts before making any suggestions.

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    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

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