My Diary

[Roger]

Re: Debt1 - Now passed to PRA Group UK Portfolios Limited.

Debt > £10

Your Diary doesn't mention which PRA Group company was Assigned the Debt.
01/08/2021 - PRA considers the account unenforceable. (This Letter is GOLD DUST!)
When you say passed do you mean Assigned and from whom in PRA to PRA Group UK Portfolios Limited

I presume nothing has changed since 1st August 2021
File do nothing which would restart the Statute Bar Clock and SILENCE

[ca71]

Re: Debt1 - Now passed to PRA Group UK Portfolios Limited.

[The Tech Clerk]

In holding there was such a breach of DPA 1998 by registering a default where the agreement is wholly unenforceable, the Court of Appeal reached a decision that has far-reaching effects both for borrowers and for the credit industry. The decision of course provides an important benefit for defaulting borrowers under unenforceable credit agreements, as an adverse entry with a credit reference agency can have a significant effect on the ability to borrow, or the cost of borrowing (the registration of Mr Grace’s non-payment increased the cost of the annual percentage rate (APR) on a loan taken out by his co-habitee from 10.5%. to 17.9%). It also gives creditors a problem as, when deciding whether to lend, the fact of non-payment by the potential borrower is still relevant even if the agreement is unenforceable, but the credit reference agencies’ systems do not currently allow the lender to make an entry explaining that, while there has been non-payment, this was under an unenforceable agreement—the judgment prevents them therefore registering such a default at all. Credit reference agencies will be under pressure to amend their systems to address the problem. ##

Grace and another v Black Horse Limited [2014] EWCA Civ 1413, [2014] All ER (D) 05 (Nov)

[The Tech Clerk]

The whole debt will NOT be deleted if the CCA can't be found. The debt still legally exists, even though it is unenforceable in court, and the creditor is entitled to report your credit history accurately for it. as I understand it.

[Pat]

This gets discussed periodically, and my understanding is that you'd need a definitive judgment that a debt was irredeemably unenforceable for a CRA to remove an entry. It's always 'possible' that a CCA could be retrieved in the future for instance, and making an argument for removal would probably involve resetting the SB clock. AFAIK everyone here has erred on the side of caution and just let the clock run down.

That is what I thought but someone who should know told me arguably it could apply to accounts that creditors said were UE. Not heard of it being used though.

Indeed tick tock

[The Tech Clerk]

tick tock

[Night Monkey]

...the case law about not reporting UE accounts

This gets discussed periodically, and my understanding is that you'd need a definitive judgment that a debt was irredeemably unenforceable for a CRA to remove an entry. It's always 'possible' that a CCA could be retrieved in the future for instance, and making an argument for removal would probably involve resetting the SB clock. AFAIK everyone here has erred on the side of caution and just let the clock run down.

[Sparkles]

It would be good to know what the case law about not reporting UE accounts- I know it exists as someone told me but I can't for the life of me remember who or what it is.

Colin G Quinn mentioned that in this comment on my thread:

https://all-about-debt.co.uk/forum/d...07#post1544107

[Pat]

Lets look at your Diary
1/ 01/08/2021 - PRA considers the account unenforceable.
2/ 12/01/2023 - Notification from ClearScore that this card will shortly be removed from my credit file.
3/ 09/06/2021 - Letter from Barclaycard refunding (direct to PRA) fees due to incorrectly calculated default fees.

There is Case Law that says can't be reported to CRA'S if UE and while it remains UE hence 2/

Barclaycard reference to Default fees seems to imply that any Default Notice figures were wrong and as the A|ccount has been sold to PRA these cannot be corrected 3/

PRA can in Law ask (using Moorcroft as there Agent) but they have admitted 1/ above UE and this means they can't make a legal claim.

No CRA so this can't inpact on your credit rating! PRA can't sue!

This is going nowhere!

Just ignore completely your last payment 28/08/2021 well added 6 years and 1 month takes you to 28/09/2027 another 4 years to sit out!
SILENCE here is golden and do or say nothing that would restart the Statute Bar clock!

I rather think the reason the account is being removed from the credit file is because it is 6 years since it was defaulted.

It would be good to know what the case law about not reporting UE accounts- I know it exists as someone told me but I can't for the life of me remember who or what it is.

[The Tech Clerk]

Passed to MOORCROFT (They are collectors not Owners) they do not buy debts just hopeful commissions

[Roger]

Debt 1 - PRA Group - Status: In Dispute

Type of account: Barclaycard Platinum Credit card
Date commenced: October 2010
Approx balance: >£10k
Date last paid in full: December 2016
Date last part paid: August 2021
Status: Default Issued Jan 2017
Being Reported to CRA: No
Current status: Not paying
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
17/12/2020 - SAR output received from Barclays.
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.
15/01/2021 - CCA documents received from PRA Group. Scanned and sent to Niddy.
18/01/2021 - Niddy states unenforceable.
09/06/2021 - Letter from Barclaycard refunding (direct to PRA) fees due to incorrectly calculated default fees.
01/08/2021 - PRA considers the account unenforceable.
28/08/2021 - Standing order cancelled.
19/12/2022 - I made a "Without Prejudice" F&F offer of <1%. PRA countered saying they would accept 90% of the alleged outstanding balance.
12/01/2023 - Notification from ClearScore that this card will shortly be removed from my credit file.
27/09/2023 - Your account is being transferred to Moorcroft. They'll be in touch.

Lets look at your Diary
1/ 01/08/2021 - PRA considers the account unenforceable.
2/ 12/01/2023 - Notification from ClearScore that this card will shortly be removed from my credit file.
3/ 09/06/2021 - Letter from Barclaycard refunding (direct to PRA) fees due to incorrectly calculated default fees.

There is Case Law that says can't be reported to CRA'S if UE and while it remains UE hence 2/

Barclaycard reference to Default fees seems to imply that any Default Notice figures were wrong and as the A|ccount has been sold to PRA these cannot be corrected 3/

PRA can in Law ask (using Moorcroft as there Agent) but they have admitted 1/ above UE and this means they can't make a legal claim.

No CRA so this can't inpact on your credit rating! PRA can't sue!

This is going nowhere!

Just ignore completely your last payment 28/08/2021 well added 6 years and 1 month takes you to 28/09/2027 another 4 years to sit out!
SILENCE here is golden and do or say nothing that would restart the Statute Bar clock!

[ca71]

Re: Debt1 - Update today: The account is being transferred to Moorcroft. Do they usually mean sold on or just passed over for them to try to get some cash out of me?

[The Tech Clerk]

Re: Debt2 - Official notification from the court that the claim has been dismissed

Good Result.

[ca71]

Re: Debt2 - Official notification from the court that the claim has been dismissed

[ca71]

All 3 defaults have now dropped off my credit report and score has increased significantly.