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  • #1

    Fieldy618's diary

    Hi all,

    Was looking for some advice on how to proceed with debt I have with PRA group - the timeline is below.

    Barclaycard
    Account started 24/01/15
    Defaulted 24/02/17
    Amount outstanding £2685
    PRA group bought the debt

    Update 13/10/20
    Sent PRA a F&F settlement offer to which they've countered with a high offer.

    Intrum finance debt added to my diary:

    RBS
    Account started 09/06/14
    Defaulted 27/04/18
    Remaining balance £1100
    Intrum bought the debt

    Update 13/10/20

    Moorcroft has put account on hold while they investigate my CCA request from May.

    Intrum finance debt added to my diary:

    Halifax
    Account started 16/12/13
    Defaulted 27/04/18
    Remaining balance £572
    Intrum bought the debt

    Update 13/10/20

    Moorcroft has put my account on hold while they investigate my CCA request from May.

    Capital One debt added to my diary:

    CapitalOne
    Account started 18/11/11
    Defaulted 19/03/17
    Remaining balance £550
    Debt with CapitalOne directly

    Update 17/10/20
    Received a letter from CapitalOne rejecting my F&F offer. Haven't sent a CCA request to them yet so that will be my next step.

    Cancelled my Stepchange debt management plan in August 2020 however I only recently sent a CCA request to PRA to see if it was enforceable. I sent their lettered response to the email on these forums to check for enforceability to which Niddy responded that it is unenforceable due to them not sending me any signed agreement so it could be anyone's debt.
    I guess I would just like to ask anyone knowledgeable on how to proceed from here? Should I just stop paying PRA and not mention that the debt is unenforceable and focus on debt that I have directly with credit card companies?

    Thanks in advance,
    Last edited by Fieldy618; 22 October 2020, 14:02.
    Tags: None
  • #2
    Diana Mayhew good advice
    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
      I removed personal detail that could identify you
      Legal Disclaimer
      I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. 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.

      If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
      • 3 likes

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      • #4
        I would suggest you make a CCA request to all the credit card companies but remember to keep proof of postage.

        To pay or not is only a decision that you can make and is dependent on your financial circumstances and whether you admit any liability to the creditor.

        While payments are being made the 6 year period for limitation keeps being extended.
        Legal Disclaimer
        I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. 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.

        If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
        • 3 likes

        Comment

        • #5
          Originally posted by Fieldy618 View Post
          recently sent a CCA request to PRA to see if it was enforceable. I sent their lettered response to the email on these forums to check for enforceability to which Niddy responded that it is unenforceable due to them not sending me any signed agreement so it could be anyone's debt.
          I guess I would just like to ask anyone knowledgeable on how to proceed from here? Should I just stop paying PRA and not mention that the debt is unenforceable

          I agree with Jo, and would only add that it's wise not to inform PRA that the credit agreement they sent you in response to your CCA Request is unenforceable as this may prompt them to try harder to comply.

          Do you recall how you opened this Barclaycard, and whether you would have signed an agreement at the time?

          Di

          Comment

          • #6
            Originally posted by Joanna Connolly View Post
            I would suggest you make a CCA request to all the credit card companies but remember to keep proof of postage.

            To pay or not is only a decision that you can make and is dependent on your financial circumstances and whether you admit any liability to the creditor.

            While payments are being made the 6 year period for limitation keeps being extended.
            Hi,

            Thanks for the response and the edit. I have also sent a request to Moorcroft as they own two other accounts that I have so I'll see what comes back from them. The last account I have is with CapitalOne so I haven't sent a CCA request to them as I figured they'd have that and there's nothing I can do about that?

            I'm just a little confused with how to proceed with PRA as it's been advised that I shouldn't contact them to tell them that I haven't received a copy of my credit agreement with signature on but if I contacted them and said that the debt is unenforceable then I could offer a small settlement amount?

            Thanks

            Comment

            • #7
              Originally posted by Diana Mayhew View Post


              I agree with Jo, and would only add that it's wise not to inform PRA that the credit agreement they sent you in response to your CCA Request is unenforceable as this may prompt them to try harder to comply.

              Do you recall how you opened this Barclaycard, and whether you would have signed an agreement at the time?

              Di
              Hi,

              It was an Internet application so I probably would have made a digital signature on the application.

              Thanks
              • 1 like

              Comment

              • #8
                Moorcroft don’t own debts merely collect on behalf of others, they are generally a collection company on commission.

                small settlements rarely work so to contact them with anything is more an opportunity for them than yourself.
                these companies want you to engage, they need you to engage otherwise all the work is for them to do.
                so sit back, follow the advice as given and relax. Make them work for their crust.
                • 1 like

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                • #9
                  Originally posted by Fieldy618 View Post
                  It was an Internet application so I probably would have made a digital signature on the application.
                  Probably or definitely?

                  Do you recall being sent a credit agreement to sign after your online ‘application’ ?

                  The devil is in the detail

                  Di

                  Comment

                  • #10
                    Originally posted by Diana Mayhew View Post

                    Probably or definitely?

                    Do you recall being sent a credit agreement to sign after your online ‘application’ ?

                    The devil is in the detail

                    Di
                    I don't think I received anything to sign in the post but can't be 100%. I'd say I'm fairly certain that I wasn't sent anything in the post to sign.

                    Thanks
                    • 1 like

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                    • #11
                      The last account I have is with CapitalOne so I haven't sent a CCA request to them as I figured they'd have that and there's nothing I can do about that?

                      why do you say that,
                      when was it taken out
                      nothing is sure in this time line x
                      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

                      • #12
                        Originally posted by nightwatch View Post
                        The last account I have is with CapitalOne so I haven't sent a CCA request to them as I figured they'd have that and there's nothing I can do about that?

                        why do you say that,
                        when was it taken out
                        nothing is sure in this time line x
                        I just figured that because it is with the original card debtor that they'd have a copy of my CCA agreement. It was taken out on 18/11/11. Default 19/03/17.
                        • 1 like

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                        • #13
                          Intrum finance debt added to my diary:

                          RBS
                          Account started 09/06/14
                          Defaulted 27/04/18
                          Remaining balance £1100
                          Intrum bought the debt

                          CCA request sent 4th May to Intrum. Intrum emailed me late May to say they have requested the documentation. Heard nothing since.
                          • 1 like

                          Comment

                          • #14
                            Intrum finance debt added to my diary:

                            Halifax
                            Account started 16/12/13
                            Defaulted 27/04/18
                            Remaining balance £572
                            Intrum bought the debt

                            CCA request sent 4th May to Intrum. Intrum emailed me late May to say they have requested the documentation. Heard nothing since.
                            • 1 like

                            Comment

                            • #15
                              No news is good news, just have to wait, and wait, and wait.
                              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.
                              • 1 like

                              Comment

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