Stevo62 My Diary

[nightwatch]

Looking at your updates on this thread you have nine debts which are currently unenforceable, so you’re off to a good start.

Di

nothing more to add

[Stevo62]

Account PRA Group UK Ltd
Credit Card original lender unknown
Approx balance £540
Last payment June 10th 2020 through SC
Stopped paying

CCA request sent 3rd of April, letter received from PRA 21/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date, (06/07/20)

17/07/20 Letter received from PRA

Unfortunately we are unable to fulfil your request as we have not yet completed the required security checks in order to verify your identity, the information we require is as follows-

Full name
Date of birth
Previous address and postcode

You can contact us via letter or telephone to complete the checks we are required to make in line with the Data Protection Act 2018
On completion of the above details we will endeavour to respond to your request as soon as possible

Do I reply to this or just sit tight?
They have kindly returned my P/O for £1.00

[nightwatch]

You have sent them a CCA request, they do not need anymore information, they are the one's taking money off you. they also know where you live to contact you.

you have not asked for information under the DPA, that would be needed for a SAR but not a CCA,

Is this a Tesco or Lombard CC, as both of them did this with me, at that time I told them to stop being stupid they didn't need that information, never did get anything from Lombard, tesco finaly sent a CCA (UE) but said it was under the DPA.

This sounds like they, original creditor, can find no information on you, I would sit and wait to see what happens next.

[Joanna Connolly Solicitors]

Account PRA Group UK Ltd
Credit Card original lender unknown
Approx balance £540
Last payment June 10th 2020 through SC
Stopped paying

CCA request sent 3rd of April, letter received from PRA 21/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date, (06/07/20)

17/07/20 Letter received from PRA

Unfortunately we are unable to fulfil your request as we have not yet completed the required security checks in order to verify your identity, the information we require is as follows-

Full name
Date of birth
Previous address and postcode

You can contact us via letter or telephone to complete the checks we are required to make in line with the Data Protection Act 2018
[COLOR=#000000]On completion of the above details we will endeavour to respond to your request as soon as possible

Do I reply to this or just sit tight?

First of all I'm intrigued to see you don't know who the original lender was. Maybe PRA don't know either.

You've been in a DMP with StepChange for 10 years, so have they been sending you monthly statements so you could identify a change of ownership from *X* to PRA by the amount being paid to them?

Have you moved house since the debt was assigned to PRA? Do you recall receiving a Notice of Assignment from PRA and the Original Creditor?

I would definitely NOT give them your DOB or previous address in case they use that information to reconstitute a credit agreement. I can't think of any other reason they would want your previous address.


Di

[Stevo62]

Thank you Nghtwatch, embarrassingly I do not know who the original lender was, I'll file it and as you say sit and wait

[Joanna Connolly Solicitors]

I'm not sure whether you saw my earlier post #19, but have you got your StepChange statements which might show who the payments were being made to before PRA acquired the debt, by crosschecking the payment amounts on the list?

Is there no reference to the original creditor's name on any correspondence you have received from PRA (if they have been writing to you in the past)?

First of all I'm intrigued to see you don't know who the original lender was. Maybe PRA don't know either.

You've been in a DMP with StepChange for 10 years, so have they been sending you monthly statements so you could identify a change of ownership from *X* to PRA by the amount being paid to them?

Have you moved house since the debt was assigned to PRA? Do you recall receiving a Notice of Assignment from PRA and the Original Creditor?

I would definitely NOT give them your DOB or previous address in case they use that information to reconstitute a credit agreement. I can't think of any other reason they would want your previous address.


Di

[Stevo62]

Good afternoon Di, the debt has changed hands like most numerous times, I chose to be paperless with SC so everything was accessed on line, in March I requested a full paper statement with outstanding balances and creditors to allow me to send the CCA requests, the statement only listed current creditors and didn't show original lenders, once I informed SC of my decision to self manage my account was instantly disabled so could no longer login to get any historical info, the DMP became an easy option over the years, we were never bothered by anyone and SC took care of everything the odd communication was never filed, possibly naive and careless but didn't ever think that I would be challenging/resisting the creditors in this manner.
PRA is the only creditor that hasn't listed the original lender on their letters, the rest have
I won't be giving any information to PRA

[Joanna Connolly Solicitors]

Maybe sending a SAR to StepChange would be a good way to get clarity on the history of all these debts.

Di

[Stevo62]

Debt 10 Account PRA Group UK Ltd
Credit Card original lender MBNA
Approx balance £540
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from PRA 21/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date, (06/07/20)1

7/07/20 Letter received from PRA

Unfortunately we are unable to fulfil your request as we have not yet completed the required security checks in order to verify your identity, the information we require is as follows-


05/08/20 Letter received from PRA - Unfortunately at the time of writing this letter, there is still not an agreement in place to resolve this matter, an outcome of this is that your account is with our investigations and litigation dept to look at your outstanding debt for possible litigation recovery.
It goes on we want to work with you ........
If we do not here from you within the next 30 days then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.
Call us today ......... (Filed)

[nightwatch]

But if they don't know who you are to fulfil your CAA request.they will find it hard to take it to court of they don't know who you are.????

[Joanna Connolly Solicitors]

Debt 10 Account PRA Group UK Ltd
Credit Card original lender MBNA
Approx balance £540
Last payment June 10th 2020

CCA request sent 3rd of April, letter received from PRA 21/04/20 acknowledging CCA request and will forward paperwork when they have it,
still nothing to date, (06/07/20)1

7/07/20 Letter received from PRA

Unfortunately we are unable to fulfil your request as we have not yet completed the required security checks in order to verify your identity, the information we require is as follows-


05/08/20 Letter received from PRA - Unfortunately at the time of writing this letter, there is still not an agreement in place to resolve this matter, an outcome of this is that your account is with our investigations and litigation dept to look at your outstanding debt for possible litigation recovery.
It goes on we want to work with you ........
If we do not here from you within the next 30 days then your account will be considered for the next stage which would be putting you on notice that court proceedings may be brought against you.
Call us today ......... (Filed)

There's not enough information about the history of this debt on your thread for me to make any definite suggestions, but when PRA threaten legal proceedings they usually carry out that threat, albeit you should be given 30 days' notice so you can consider your options.

So now is a good time to do your homework.

You appear to have had a letter from PRA in April which is a tacit admission that they don't have the credit agreement following your s77-79 CCA Request. Did that letter also say they'd be seeking it from the original creditor?

You then refer to a letter requesting information to "complete security checks" nearly three months' later. I don't know what information they were asking for (apologies for not reading back through your whole thread) but it does sound like they were fishing for anything which could help them reconstitute a document if they can't get it from MBNA.

Maybe during that three month gap they tried and failed to get the credit agreement from MBNA so I think you should now send a SAR to them (MBNA) to see if there's any interaction between them (MBNA) and PRA during that three months noted on your file.

What year did you open the account, and could it have been one of the many MBNA branded cards? I note you have been in a DMP for ten years so hopefully this is an old account.

Di

[Stevo62]

The account was opened approx 2009, PRA bought the debt from MBNA (Virgin I think) in August 2012.

The letter requesting information to complete security checks on the 16/07/20 to verify my identity was -

full name
date of birth
previous address and postcode

upon confirmation of the above details we will endeavour to respond to your request as soon as possible.

I note from yesterdays letter it was addressed to my wife, I have no original paperwork from MBNA but all our c/cards were as far as I'm aware joint

[Joanna Connolly Solicitors]

The account was opened approx 2009, PRA bought the debt from MBNA (Virgin I think) in August 2012.

The letter requesting information to complete security checks on the 16/07/20 to verify my identity was -

full name
date of birth
previous address and postcode

upon confirmation of the above details we will endeavour to respond to your request as soon as possible.

I note from yesterdays letter it was addressed to my wife, I have no original paperwork from MBNA but all our c/cards were as far as I'm aware joint

In which case I think my first hunch may have been right - PRA might want your previous address in order to create a reconstituted credit agreement and/or Default Notice etc. Or am I being too cynical

Were you living at your previous address when you opened the account in 2009?

However to be fair to PRA there's another possibility - you say that yesterday's letter was addressed to your wife, so did she have a MBNA credit card which is why they don't recognise you as 'you' (debt owner) if you sent the s77-79 CCA Request in your name for an account you never had (if you follow me)?

You can't have a credit card account in joint names (unlike a loan). There would be the account holder and possibly an Additional Cardholder who would have no liability for the debt.

So why do you think they are writing to your wife not you?

Di

[Stevo62]

By joint I meant we both had credit cards on the account, I would have applied and asked for an additional card for my wife, we could well have been at the previous address when the account was opened, we had so much going on with 4 young children at the time its hard to recollect dates, the account could have been opened before 2009, sorry to be so vague.
It would have been unusual for my wife to take out a card in her name only but possible, should I send another CCA from my wife?

[Joanna Connolly Solicitors]

we could well have been at the previous address when the account was opened . . . the account could have been opened before 2009, sorry to be so vague. . . should I send another CCA from my wife?

No, since we don't know if it was your wife's account yet. That was my question to you, not a statement of fact.

What did yesterday's letter from PRA to your wife say?

Sending CCA Requests too early can cause problems. People do it in the hope of getting a black and white answer as to whether the debt is unenforceable or not. But there's much more to it than just the credit agreement.

You say this debt was assigned to PRA in 2012. But could it have been assigned to Aktiv Kapital before PRA? Does the name Experto Credite mean anything to you?

More haste less speed with this journey. Lawyers are pedantic for good reason

Di