My Diary

[Joanna Connolly Solicitors]

Debt 1 - PRA Group

Type of account: Barclaycard Platinum Credit card
Date commenced: October 2010
Approx balance: £23.5k
Date last paid in full: December 2016
Status: Default Issued Jan 2017
Current status: £5 per month by standing order since date of default
Assigned: PRA Group in December 2017
Account Owner: PRA Group

History:
09/05/2019 - PRA offered to settle account for 37.5% of the outstanding debt - Filed
22/12/2020 - CCA sent and proof of posting obtained
08/01/2021 - Reply from PRA; returning £1 Postal Order (they don't charge) and stating they need to refer to the original lender and that collection activity will cease. I've cancelled my Standing Order.

PRA have chosen to cease collection activity because they don't have your credit agreement relating to this old Barclaycard.

They have been content to receive a modest sum (a fiver) each month since 2016 or thereabouts. They offered to settle the £23k debt for only 37% of the value. I wonder if they know or suspect it's got 'enforceability' issues.

I'm not raising expectations but PRA have a reputation for losing in court when it comes to proving they own the debt let alone an enforceable credit agreement (see below )

Most people know that PRA took me to court and lost, but that's not the only time it happened as Jo posted here >

Another headache for PRA Group (UK) Limited today as we won another case against them in Walsall County Court.

The District Judge found for us in all our defence points - the agreement unenforceable, no evidence of assignment, bad default notice, non service of statutory notices and s.78 CCA 1974 breach.

PRA Group (UK) Limited were refused permission to appeal.

It was a 10k claim.

Di

[ca71]

12+2 days are up tomorrow for the 2 outstanding CCA's. If no response by, say, Monday, is it worth resending this time recorded delivery with a covering letter saying 'Where is my reply to my CCA request?'

[The Tech Clerk]

nooooooooooooooooooooooooo you do not want them to dig deeper they know the rules may they fail to find one & if they did it may not be enforceable do not contact them

SIT ON YOUR HANDS and see what they come up with!

[ca71]

nooooooooooooooooooooooooo you do not want them to dig deeper they know the rules may they fail to find one & if they did it may not be enforceable do not contact them

SIT ON YOUR HANDS and see what they come up with!

Gotcha!

[Joanna Connolly Solicitors]

12+2 days are up tomorrow for the 2 outstanding CCA's. If no response by, say, Monday, is it worth resending this time recorded delivery with a covering letter saying 'Where is my reply to my CCA request?'

I agree with The Tech Clerk. Don’t remind or chase them!

Ideally you want them not to comply with your CCA Request so the debt becomes unenforceable. If you prod them they may just try harder.

What you want for your paper trail is a series of letters from PRA in which they admit that they ain’t got the documents which can be annexed to your Witness Statement if they decide to go legal

Patience is a virtue in this case.

Di

[ca71]

Thanks, Di and The Tech Clerk.

I just wasn't sure what the score was if they come back and say 'CCA Request? What CCA Request?' (As if they would do such a thing)

[Night Monkey]

'... if they come back and say 'CCA Request? What CCA Request?'

That's why you get proof of posting - you've asked, it's up to them to comply.

[ca71]

CCA response from PRA. Sent to Niddy.
Plus a covering letter from Cabot saying they are dealing with my request.

[ca71]

Bump - Niddy states the CCA response from PRA group is UE.

[The Tech Clerk]

Bump - Niddy states the CCA response from PRA group is UE.

update your diary with this

[ca71]

update your diary with this

Hi The Tech Clerk

Can I just check my understanding on this, please?

I've already updated the diary record (by editing thread 2) - however when an edit occurs it doesn't appear to add the full thread to the list of posts updated (I click on 'Today's Posts') to see what has changed.

So I end up adding a 'bump' type message to ensure that it does appear. Am I doing this right?

Thanks in advance

[Spud]

Hi ca71

I can see that you have updated your diary for the updated account ( Thread No2) which is absolutely spot on

If you update these initial diary entries as and when you get updates/contact/letters then we can see where you are. This will obviously not show as a new update on the diary if you are looking at the "Todays posts" list as you have edited ( Updated) an existing post, But don't worry about that for a second

We tend to keep the diary posts right at the start of your diary so we all know where they are and can find them quickly. Hence if you update them - We can find them without scrolling through 40 pages of posts ( As time goes on)

Now if its an important update - Such as letter you are concerned about or an important update from Niddy about the credit agreement etc - Then write up a short description as a new post and it will then grab the attention of anyone on here and will of course show up as a new post on the list

However the vast majority of updates to a diary are receiving a standard template letter or statement. So in this case, update your diary but we don't necessarily need know about it unless you have any concerns

Does that make sense? I think I have understood what you are asking

There isn't a specific need to post a "Bump post" unless you really want to. I know they do tend to on other forums but it doesn't happen so much here. That's not to say you shouldn't - Its just we tend to post up and refer back to the specific diary ( Say post 2 etc etc)

It is important to stress, Anything your not sure about or feel you want to ask - Ask away.

In the early years ( until you have built up some experience) its probably wise to ask before you send any letters etc as its important for you that we get this right. There is no such thing as a daft question and you will never encounter any type of judgement or belittlement on this forum - They are a great bunch of people and we have all "been there"

Your doing great

[ca71]

Thanks, Spud. That's very useful. Thanks for the encouragement. This site is a god send.

[ca71]

If I stop my SO will this flag on my credit file that I have a missed a payment? and potentially make my credit score go down?

[The Tech Clerk]

inevitable change of circumstances, last of your worries, then move on to to see how they react, facts recorded on file have to be true record, even with agreement to pay monthly they can take you to court as many of us found out. especially the likes of HSBC when they know you can cause trouble for them = there way of getting back at you ) (fact)