CCA for Egg/Barclaycard/PRA

[Sparkles]

I wanted to ask for some advice on the situation I'm in.

Unfortunately I managed to end up in £42k of credit card debt. I entered a debt management plan in June 2021 and this is going well, all lenders have frozen interest, and the total balance is now down to £35k with an estimated debt free date of May 2025.

One of the debts started off as an Egg card taken out in 2001, this was taken over by Barclaycard who defaulted it in July 2021, and it has now been sold to PRA group. I've been wondering if it would be worth asking for the CCA from PRA and potentially stop paying them? I know it would leave an outstanding balance on my credit report until July 2027, but I'm going to have a default on it until then anyway. Can anyone advise on whether it would be better to try and stop paying it, or just leave things until it's all paid off?

[The Tech Clerk]

CCA PRA regarding Egg card with £1 postal order get proof posting keep copy of all on file. no cca no pay until/if ever they supply an enforceable one


Debt 1

• Type of account -
• Date commenced -
• Approx balance -
• Date last 'full' payment -
• Arrangement -
• Status -
• diary all alledged debts list and await advice/suggestions

etc

[Sparkles]

Egg/Barclaycard/PRA

• Type of account - Credit card
• Account owner - PRA Group (Originally Egg, then Barclaycard)
• Date commenced - August 2001
• Approx balance - £7,000
• Date last 'full' payment - June 2021
• Arrangement - Not paying
• Status - Defaulted July 2021
• 8/3/22 - CCA request sent to PRA
• 14/3/22 - CCA request acknowldgment from PRA
• 5/4/22 - Letter from PRA, saying currently unenforcable with 1 year of Barclaycard statements enclosed.
• 8/7/22 - Letter from PRA, varied conditions enclosed with letter from Barclaycard saying they can't provide historic terms.
• 11/7/22 - Email from PRA offering 10% discount and saying it was unenforceable (the uneforceable bit being right at the bottom after all the help and support contact details).
• 15/1/24 - Email from PRA: PRA Group (UK) Limited recently transferred your account to PRA Group UK Portfolios Ltd.

[The Tech Clerk]

Nationwide may be an idea to CCA to see if/what they come up with?? due to date taken out!

If you do send a CCA request, and the creditor is unable to provide compliant documentation, the debt becomes unenforceable until such time as they are able to comply. you can stop payments until/if they get an enforceable on; if sent to you we would suggest you send on here for checking via a link you would be given.

[Sparkles]

Thankyou. I wasn't sure if Nationwide would be worth it given that they are the original lender but I'll try and see what they produce.

[nightwatch]

I hasd CC with Nationwide, they have yet to sent the terms and conditions for mine,(10 years) they sold it on to a DCA who even now write to me asking if they can help me come to an arrangement to clear the debt, one day I may tell them it is SB.
But not yet.
xx

[Colin G Quinn]

Hi,

If the Egg agreement was from 2001 there is a very good chance the agreement either no longer exists in records or, if it does, is likely to be irredeemably unenforceable.

I have defended numerous consumers against claims for assigned Egg/Barclays debts and I don't believe I am yet to have dealt with one case whereby the agreement was produced or, if it was, whereby it was enforceable.

I cant advise whether to send a CCA request or not as that is your choice. What I would say, however, is that you should be vigilant in considering any response you receive. In a case I dealt with towards the end of last year, my client had sent such a request to a creditor who produced a document relating to a completely different original creditor altogether, and claimed to have subsequently complied with the request and that the agreement was unenforceable.

We were instructed when the creditor issued legal proceedings and the claim was dismissed was a Judge who determined the debt was irredeemably unenforceable.

Keep the thread updated with your progress.

[Colin G Quinn]

Just to add to that, by the way, you mention that the default would remain on your credit file until 2027.

There is a Supreme Court decision which is about as binding a decision as you can get, that a creditor has a duty to ensure a credit agreement is enforceable before it continues to report a default to the credit reference agencies.

[Sparkles]

Nationwide

• Type of account - Credit card
• Account owner - Nationwide
• Date commenced - August 2004
• Approx balance - £0
• Date last 'full' payment - June 2021
• Arrangement - None
• Status - Closed
• 17/2/22 - CCA request sent to Nationwide
• 23/2/22 - CCA request cheque paid
• 24/2/22 - Letter from Nationwide - they intend to issue default, won't take things further if payment agreement is kept to.
• 21/3/22 - Response to secure message received saying request had been received and passed to relevant dept on 25/2/22.
• 23/6/22 - Arrears notice received listing current arrears
• 29/6/22 - Letter received, your payments are still overdue, please make a payment immediately.
• 4/7/22 - Account defaulted, I noticed on Credit Karma but Nationwide have said nothing.
• 6/7/22 - Letter from Nationwide - please pay outstanding amount
• 22/7/22 - Letter from Nationwide - please contact us urgently or your account will be referred to Nationwide recoveries.
• 18/8/22 - Letter from Nationwide - please pay arrears immediately. They say I'll be issued with a default notice if they don't hear from me, but the account already has a default applied.
• 10/9/22 - Reconstituted CCA from Nationwide received, contains direct debit mandate signed in 2004 but no signature on agreement.
• 10/9/22 - Niddy has looked at what Nationwide sent and says it is unenforceable.
• 23/09/22 - Letter from Nationwide, account referred to ARC Europe.
• 29/9/22 - Letter from ARC Europe, please contact us to arrange payment.
• 25/10/22 - Letter from ARC Europe - this is a serious matter, our client reserves the right to consider further collection activity.
• 9/11/22 - Letter from ARC Europe. Please contact us within 14 days or we will recommence formal collections activity.
• 9/12/22 - Preliminary decision from Ombudsman about affordability complaiint, Nationwide shoukd refund all interest on balance above previous limit increase.
• 10/12/22 - Letter from ARC Europe - we can offer a substantial discount, please contact is about this, but no mention of how substantial
• 29/03/22 - Letter from Opos - we are now managing account, please contact us to make a payment arrangement.
• 21/04/22 - Balance wiped after affordability complaint.

[Sparkles]

I decided to send PRA a CCA request and they have sent me a "factsheet" and said they have asked for the information. I'll wait and see what they send me.

[The Tech Clerk]

before you take action always come on here and inform your intention, sometimes your actions are premature and allow them more time to dig deep.

[Sparkles]

Yes I will do, I've sent CCA requests to both PRA and Nationwide as detailed in my edited post above. My DMP is still running paying all the debts I listed. I'd like to stop paying the unenforcable ones and increase the payments on the enforcable ones.

[The Tech Clerk]

ok see what they send back then.

[Sparkles]

Egg/Barclaycard/PRA

• Type of account - Credit card
• Date commenced - August 2001
• Approx balance - £7,700
• Date last 'full' payment - June 2021
• Arrangement - £198 per month via Stepchange DMP
• Status - Defaulted July 2021
• 8/3/22 - CCA request sent to PRA
• 14/3/22 - CCA request acknowldgment from PRA

They haven't sent anything yet, can I stop paying now and do I need to tell them that if I do? (I'm paying via Stepchange)

[The Tech Clerk]

well up to you CCA outstanding some people stop until / if ever they get a enforceable copy, some carry on just in case, some even stop paying stepchange and bank in savings for later should things turn for the worse, nobody can tell you what to do it is your own judgment!