Florida Jens diary

[Joanna Connolly Solicitors]

I hope someone can help as I am beside myself with worry. I have today received a letter from PRA Group headed "Continuation of Legal Process" .

In light of the above we must advise that we shall continue to take this matter to court and issue proceedings in accordance with the Pre Action Protocol within the next 15 days.

Can you clarify which of your debts this relates to please. Is it Debt No 5 for £1,900 approx or another one?

It would help if you could re-quote the post with the full history so forum members can make suggestions.

If PRA issue a claim you need to be prepared, so if this was one of your Barclays loans you should send a SAR to Barclays.

Di

[Joanna Connolly Solicitors]

I hope someone can help as I am beside myself with worry. I have today received a letter from PRA Group headed "Continuation of Legal Process" .

In light of the above we must advise that we shall continue to take this matter to court and issue proceedings in accordance with the Pre Action Protocol within the next 15 days.

PLEASE can anyone give me urgent advice?

Hello

I've replied to your email.

Di

[nightwatch]

Hiya FJ, did you send the new paperwork to Niddy?

As Cym says PRA are trigger happy in the proceedings dept, there is nothing you can do if they decide to go ahead
Please try not to panic, when the paperwork turns up, contact DI
You can email Di and she will be able to explain more about what happens next, we are all here for you

NW xxx

[Floridajen]

Hi, try not to worry too much (easier said than done!). There is nothing that you can do to stop any action; if they do issue a claim get in touch with Diane Mayhew who will be able to advise you on what to do.

Thank you for your advice very much appreciated

[cymruambyth]

Hi, try not to worry too much (easier said than done!). There is nothing that you can do to stop any action; if they do issue a claim get in touch with Diane Mayhew who will be able to advise you on what to do.

[Floridajen]

I hope someone can help as I am beside myself with worry. I have today received a letter from PRA Group headed "Continuation of Legal Process" .

In light of the above we must advise that we shall continue to take this matter to court and issue proceedings in accordance with the Pre Action Protocol within the next 15 days.

PLEASE can anyone give me urgent advice??? this was deemed unenforceable originally by Niddy and they recently sent me a reconstituted copy.

[nightwatch]

Nothing to be done at the moment, send CCA to Niddy for checking and wait for their next letter.

[Floridajen]

Any advice please

[Floridajen]

I sent the form back stating that they had not sent me the CCA as requested.

I then received a letter from PRA stating that they have asked Barclays for this info. Also on this letter interestingly it states two account numbers and two debts not just the one they originally wrote about. It states on there that the other debt (largest) is classed as unenforceable then asks how we wish to proceed with it?

I have now received a further letter from PRA Group enclosing a reconstituted copy which comprises of a short form cancellation, historic terms and conditions and varied terms and conditions, nothing with any signature etc. The letter just stated that further to my recent contact with them this is now enclosed. It does not ask for any payment etc.

Any advice on which way i go now please? with both accounts. Should they not write separately about two different accounts or is this normal practice?

[Floridajen]

Di, thanks so much I will send back recorded delivery on Monday. Happy new year x

[Joanna Connolly Solicitors]

UPDATE 18/12/2018
Letter received from PRA
account now been transferred to litigation dept.
this is a letter before claim and to give notice of PRA intention to issue court proceedings
since I did not respond I am now liable for the original amount !!!!!
given a time by where I have to respond and tick sheets on if I agree that just owe the amount or owe some of it, don't know, dispute etc.
tick sheet if I am paying now, pay but need time
am I getting advice
do I need further info?

HELP this has scared me now. Niddy originally though this was UE.

please can anyone help me or advise me what to do. !!!!!!!!!

If you’ve been told the credit agreement is unenforceable then tick Box D on the Letter Before Claim reply form stating that they have not complied with your s77-79 CCA Request.

Thats all

No need to complete the Income & Expenditure section, or any other section.

Di

[Floridajen]

Thank you so much for the reply's I will email Diana . Much appreciated

[Spud]

Just to follow on from that........Have a look at another members diary who are in a similar position to yourself regarding a PRA letter........ https://all-about-debt.co.uk/forum/d...n-s-ue-journey

We will get you sorted

[Spud]

First things first........Although it is hard not to....... and easy for me to say........Please don't be scared .........I and many members here have been in the same position as yourself........Its not fantastic.......I totally acknowledge that..........But neither is it anything to worry about......Knowledge conquers fear........trust me


It would seem that you have until 16th January to reply - So that will leave you plenty of time........There is no panic to get this back so we can breathe for a few days and get things in order

Just because PRA say they have the intention to issue court proceedings.......It does not mean they necessarily will........although yes.....they might

Niddy has previously deemed this to be unenforceable - So there must be some errors somewhere ( Keep those to yourself at this stage) - There are many reasons why a claim would fall down in court - Not just the agreement being unenforceable........so this is all to play for at this stage........It is a logical and ordered approach that will win the day here

It is not unknown for PRA to issue court proceedings on accounts that are completely unenforceable - Indeed is is very common - I speak from personal experience

So just because they are thinking of issuing a claim.........It does not mean the account IS Enforceable.......its just that they may think it is......or are chancing their arm hoping that you will just give in......so again don't worry - Many claims issued from PRA ( If they ever get that far ) are discontinued once they realise that they are unlikely to win or they just plain lose the case due to various faults or reasons

The main thing is we will get you back in control and feeling better about this.......As I said - Knowledge is power.........

[cymruambyth]

Hi, send Diana Mayhew a message. You need to reply and she is the best person to guide you. You have 30 days to reply; she may take a few days as it is the holidays.
Try not to worry as you will get help and guidance.