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  • Pra /barclays

    I had a loan 2008 for £6000. I defaulted 2 years later, had no job. Started paying Barclays £15 a month. Then they sold it to pra a year or so later, whom I have also been paying 15 a month since. Got a letter today, there's £2850 still outstanding, and they want more.

    I want this gone but cannot afford the full amount, but read that they dont take kindly to people offering a reduced amount to pay of off. Have been reading about cca, but I'm nervous to start the ball rolling.

    Any advice how to start this would be greatly appreciated. These are the only details i have and what pra sent me today.

    . Barclays loan
    . 21st april 2008
    .£2850 outstanding
    . £15 a month to pra

    thanks in advance

    Lisee

  • #2
    Start a diary give dates etc save. Lot of questions and advice can be up to date??
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    • #3
      Originally posted by Lisee View Post
      I had a loan 2008 for £6000. I defaulted 2 years later, had no job. Started paying Barclays £15 a month. Then they sold it to pra a year or so later, whom I have also been paying 15 a month since. Got a letter today, there's £2850 still outstanding, and they want more.

      I want this gone but cannot afford the full amount, but read that they dont take kindly to people offering a reduced amount to pay of off. Have been reading about cca, but I'm nervous to start the ball rolling.

      Any advice how to start this would be greatly appreciated. These are the only details i have and what pra sent me today.

      . Barclays loan
      . 21st april 2008
      .£2850 outstanding
      . £15 a month to pra

      thanks in advance

      Lisee
      As @technical clerk suggests AAD Diary helps you taking control as well as filling in the missing details.

      Its the missing background details for instance when was this assigned to PRA or was it first Assigned to Aktiv?
      At some point you will need to raise a DSAR with Barclays to fill in the background. BUT not at this point!

      I suggest that you set up your Diary and NOW send a S.77/78 request plus £1 to PRA by recorded delivery.
      Do not engage with PRA let your reply be this CCA request!
      NO PHONE CALLS, LETTERS , TXT'S , EMAILS just send the AAD template S.77/78 request at this stage.

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      • #4
        Originally posted by Lisee View Post
        I had a loan 2008 for £6000. I defaulted 2 years later, had no job. Started paying Barclays £15 a month. Then they sold it to pra a year or so later, whom I have also been paying 15 a month since. Got a letter today, there's £2850 still outstanding, and they want more.

        I want this gone but cannot afford the full amount, but read that they dont take kindly to people offering a reduced amount to pay of off. Have been reading about cca, but I'm nervous to start the ball rolling.

        Any advice how to start this would be greatly appreciated. These are the only details i have and what pra sent me today.

        . Barclays loan
        . 21st april 2008
        .£2850 outstanding
        . £15 a month to pra

        thanks in advance

        Lisee
        Send a CCA to PRA - sadly by paying them you've stopped them defaulting you, so until they do default you will always have +6 years of bad credit history. Had this defaulted in 2010 then there'd be nothing on your credit report.

        This is one single reason why I think all DMC companies should be sued and / or outlawed as they sell their service to the consumer, get paid by the banks and yet fuck us over with their ridiculousness of offering to repay an unlawful debt.

        Makes me mad - you're one of those who will be affected for 6 years until such time you stop paying and get properly defaulted. That is more important than any CCA!

        Give us a shout if you get stuck
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        • #5
          Originally posted by Lisee View Post
          I had a loan 2008 for £6000. I defaulted 2 years later, had no job. Started paying Barclays £15 a month. Then they sold it to pra a year or so later, whom I have also been paying 15 a month since. Got a letter today, there's £2850 still outstanding, and they want more.

          . . . . Have been reading about cca, but I'm nervous to start the ball rolling.


          . Barclays loan
          . 21st april 2008
          .£2850 outstanding
          . £15 a month to pra

          Hello

          I've only just seen your thread - sorry I'm late.

          My suggestion is you send a s77 CCA Request to PRA to establish your legal position.

          Don't be nervous of PRA.

          They took me to court and lost as Jo explains here >


          Originally posted by Joanna Connolly View Post
          ‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
          “UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGNMENT PROVED”


          So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


          Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


          After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


          Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


          This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


          Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

          Was your Barclays Loan assigned direct to PRA or was it assigned to another business first?

          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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