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  • #1

    Legal process after cca req

    Hi
    After requesting for cca in 2016,to PRA group, they sent a pre action protocol to court proceedings in November 2018, with forms to fill.
    I disputed the debt. For that they answered in Feb2019, letter attached. (with some old statements) (this letter has last payment details from debt management company details as well)
    But never sent any documents regarding CCA. In march2019 they sent a document which constitutes credit card agreement with T&C's. I can tell its not enforceable .First page attached.
    Then they sent a letter titled 'continuation of Legal process' which says in light of above matter we shall continue to take this matter to court and issue proceedings in accordance with the Pre action protocol within next 15 days.
    Do I just wait till court proceedings or reply to PRA.? I thought the solicitor's usually send a letter regards to court proceedings.
    Thanks in advance for any advices.

    Thank you
    Attached Files
    Last edited by cas04; 3 April 2019, 10:16.
    Tags: None
  • #2
    await their next move i.e. court N1 proceeding form, then come back here, they can start proceedings (Hoping you cave in with freight), but the end of the day pre 2007 agreements copies with all the correct terms would have to be produced just prior to and court appearance!
    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

    • #3
      Exactly as TTC has said above, Wait until their next move........because realistically......if you did contact PRA........With all due respect......What would you say that would alter the situation?

      They can huff and puff all they want.......But as it stands at the moment......It would appear they have a teeny bit of a problem.....and lets not forget....They may well know it too

      It could well be the case that PRA are testing the water to see if you contact them ......If it were me, I would wait it out as I don't see that there is anything to lose - Less is so often more in situations like this

      Without looking for your Diary entry - Have you sent their latest effort to Niddy to see whether it is Unenforceable or not?

      Any changes, Come back to us and lets see where we are

      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

      • #4
        Just as a quick note - I have removed the first attachment from your post for your own protection ( The letter from PRA) as it contained some information that would make it very easy for PRA to identify you - Something that I am sure you agree wouldn't be a great thing

        I can see that you had covered some of the information but the block of information with purchase date/default date /amount etc would make it a 5 minute job to identify you as it is well known that DCA's etc search this site

        Feel free to re-post the letter once you have also covered those details......I hope you can see that I have only removed the attachment for the right reasons - You wouldn't want PRA knowing your next move
        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.
        • 2 likes

        Comment

        • #5
          Originally posted by cas04 View Post
          After requesting for cca in 2016,to PRA group, they sent a pre action protocol to court proceedings in November 2018, with forms to fill.
          I disputed the debt. For that they answered in Feb2019, letter attached. (with some old statements) (this letter has last payment details from debt management company details as well)
          But never sent any documents regarding CCA. In march2019 they sent a document which constitutes credit card agreement with T&C's. I can tell its not enforceable .First page attached.
          Then they sent a letter titled 'continuation of Legal process' which says in light of above matter we shall continue to take this matter to court and issue proceedings in accordance with the Pre action protocol within next 15 days.
          Do I just wait till court proceedings or reply to PRA.? I thought the solicitor's usually send a letter regards to court proceedings.

          PRA tend to use in-house solicitors to issue claims these days.

          It's difficult to comment without knowing a little bit about the history of this debt such as when (what year) the credit card account was opened and how (online, over the phone, in branch etc)? Who was the original creditor and how much are PRA chasing you for?

          My suggestion is you email the credit agreement to Never-In-Doubt (forum owner) for an opinion on it's enforceability using webmaster@all-about-debt.co.uk. Put your AAD forum username in the subject bar and add a link to this thread in the body of the email. No need to blank out any documents as it'll be secure.

          Also there are many reasons for a debt to be unenforceable not just the credit agreement. There can be issues surrounding the assignment, Default Notice and other statutory duties which must be complied with in order to be successful in court.

          When did you last pay anything towards this debt?

          I wouldn't reply to PRA's letter without knowing all the facts so you can assess whether it needs to be answered at all or whether it's better to ignore them.

          Whatever happens don't tell them what is wrong with their documentation because they may remedy the problem and then issue the claim. I sometimes think those letters are sent to fish for information so they can see what your potential Defence might be. If PRA are intent on issuing a claim then they will issue a claim no matter what you say/do, so don't give them an advantage over you.

          I look forward to hearing Niddy's verdict on your credit agreement

          Di
          • 1 like

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          • #6
            Thank you for that. No problem.
            Will wait.

            Comment

            • #7
              Originally posted by Diana Mayhew View Post


              PRA tend to use in-house solicitors to issue claims these days.

              It's difficult to comment without knowing a little bit about the history of this debt such as when (what year) the credit card account was opened and how (online, over the phone, in branch etc)? Who was the original creditor and how much are PRA chasing you for?

              My suggestion is you email the credit agreement to Never-In-Doubt (forum owner) for an opinion on it's enforceability using webmaster@all-about-debt.co.uk. Put your AAD forum username in the subject bar and add a link to this thread in the body of the email. No need to blank out any documents as it'll be secure.

              Also there are many reasons for a debt to be unenforceable not just the credit agreement. There can be issues surrounding the assignment, Default Notice and other statutory duties which must be complied with in order to be successful in court.

              When did you last pay anything towards this debt?

              I wouldn't reply to PRA's letter without knowing all the facts so you can assess whether it needs to be answered at all or whether it's better to ignore them.

              Whatever happens don't tell them what is wrong with their documentation because they may remedy the problem and then issue the claim. I sometimes think those letters are sent to fish for information so they can see what your potential Defence might be. If PRA are intent on issuing a claim then they will issue a claim no matter what you say/do, so don't give them an advantage over you.

              I look forward to hearing Niddy's verdict on your credit agreement

              Di
              Hi
              Good thing is PRA sent a response to my dispute with some information needed.

              creditor: lloydstsb
              acc,opened: 1996
              default date: Sept 2009
              last payment: April 2013
              our purchase : june2013

              Not sure about the default date, as account opened 20 years ago, and stopped paying in 2005, then had debt management plan till 2014.
              Will wait there next move.

              Thank you
              • 1 like

              Comment

              • #8
                Originally posted by cas04 View Post

                creditor: lloydstsb
                acc,opened: 1996
                default date: Sept 2009
                last payment: April 2013
                our purchase : june2013

                Not sure about the default date, as account opened 20 years ago, and stopped paying in 2005, then had debt management plan till 2014.
                Will wait there next move.

                Was the account opened with Lloyds TSB in 1996 or was it with another creditor such as Halifax which became HBOS before it became Lloyds?

                How much is the debt because that might give an indication of the likelihood of PRA pursuing this all the way to court? If it's over £10k then they will know they would have to pay your legal costs is they lose.

                I agree with the others who've posted - wait their next move.

                In the meantime do your research. Send a Subject Access Request to Lloyds (it's free) so you've got the full history of what happened at the outset.

                Di

                • 2 likes

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                • #9
                  Thank you Di
                  Account opened with TSb in 1996.
                  Debt is only £1310.

                  Thank you

                  Comment

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