My Diary

[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.

[ca71]

Re: Debt1 - Yay! Default will drop off my credit file soon.

[The Tech Clerk]

Making Offers, Formula & CFS

If for any reason you're not comfortable with making offers to your creditor then we are happy to help you to compile a suitable letter, however we cannot actually get involved on your behalf and deal direct with the creditor. Please contact us if you need assistance with a bespoke offer template. This last paragraph probably is still the case!

Never-In-Doubt may be able to update on this issue?

[Pat]

I am not sure but I think getting a 3rd party to write making the offer may not reset the clock. So if you have a family member who knows about your debts - but I am not sure. Years ago there used to be letters on here, not sure if they are still about.

[ca71]

I think you must do what is right for you however a couple of points to bear in mind
If you make a F&F then you may well be acknowledging the debt and thus resetting the bar
It might be that if you were to ask, they may just close the account- they did this with a couple of mine but they totalled under 5K

No one, and I mean no one, on a forum or in real life can tell you the right way to deal with it- As NM says, everyone's circumstances are different.

Good Luck

I'm wondering if there are a form of words I could to use to request them to close the account that does not reset the SB clock.

[ca71]

I think you must do what is right for you however a couple of points to bear in mind
If you make a F&F then you may well be acknowledging the debt and thus resetting the bar
It might be that if you were to ask, they may just close the account- they did this with a couple of mine but they totalled under 5K

No one, and I mean no one, on a forum or in real life can tell you the right way to deal with it- As NM says, everyone's circumstances are different.

Good Luck

Thanks, Pat. I've submitted a SAR to the original lender in the hope of picking up some additional chatter between them and Cabot. Once I reviewed the output, I'll then decide on a way forward.

[Pat]

I think you must do what is right for you however a couple of points to bear in mind
If you make a F&F then you may well be acknowledging the debt and thus resetting the bar
It might be that if you were to ask, they may just close the account- they did this with a couple of mine but they totalled under 5K

No one, and I mean no one, on a forum or in real life can tell you the right way to deal with it- As NM says, everyone's circumstances are different.

Good Luck