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  • Lowell

    Details:

    Type of account: Creation
    Date commenced: 2013
    Approximate balance: £1,100
    Date last payment was made - 15th Oct 19
    last full payment was made: Feb 2014
    Are you on an arrangement or not paying; Arrangement £2 per month
    Status (default/arrangement/up to date): DMP arrangement
    Account owner: PRA

    they have written to to say that they are not able to provide the CCA documents and would not be pursuing the outstanding balance at this time.

    im not sure what to do next. They previously refused to back date the default as did Creation and itís showing as a DM on my credit report.

    do I stop the £2 payments or offer a settlement figure. Not clear on what is best in order to get the DM of my report.

  • #2
    while you are paying the DM will remain on your file,
    Lot's of people start paying a reduced sum, not knowing that If the account was not defaulted before the repayment plan was set up, it can be registered as a DMP, which stays on your credit file till the money is paid back
    I would be tempted to stop payment's to see if that will finaly default the account, BUT, expect a lot of calls, try to ignore them, If they do get through to you just fail secuity questions and ask for everything to be in writing only.

    While they cannot find the agreement it is Unenforceable so they cannot enforce through court,
    They can still ask for payment , but you do not have to pay.
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    • #3
      Originally posted by DCC2000 View Post
      Details:

      Type of account: Creation
      Date commenced: 2013
      Approximate balance: £1,100
      Date last payment was made - 15th Oct 19
      last full payment was made: Feb 2014
      Are you on an arrangement or not paying; Arrangement £2 per month
      Status (default/arrangement/up to date): DMP arrangement
      Account owner: PRA

      they have written to to say that they are not able to provide the CCA documents and would not be pursuing the outstanding balance at this time.

      im not sure what to do next. They previously refused to back date the default as did Creation and itís showing as a DM on my credit report.

      do I stop the £2 payments or offer a settlement figure. Not clear on what is best in order to get the DM of my report.

      Hello

      If your last contractual monthly payment was in February 2014 then the ICO says the account should have been defaulted within 3 - 6 months of breaching the terms of the agreement (failing to make minimum payment).

      When (what date) was the account Defaulted which you want to get backdated?

      When did Creation assign this debt to PRA?

      If the account wasn't defaulted before that date then PRA have a problem, but it's not clear from your post when these events did or didn't happen.

      However you do say your last payment was 15th October 2019, but maybe that's a typo.

      Did you send PRA a formal s77/79 CCA Request together with the £1 statutory fee, or did you just write and ask them for the credit agreement? Assuming it was a formal CCA Request then if they can't comply the debt is unenforceable until or unless they do comply, so maybe an offer to settle is premature.

      I suggest you send a Subject Access Request to Creation to see what data and documents they have in their files.

      How did you apply for this Creation account and was it a loan, credit card or store card etc ?

      Sorry for all the questions but it helps to know the full facts before suggesting your next step.

      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. 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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