My Diary

[ca71]

The Diary reveals
balance: £25.8k

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 consider the account unenforceable.
28/08/2021 - Standing order cancelled.

19/12/2022 - I made a F&F offer of <1%. PRA countered saying they would accept 90% of the alleged outstanding balance.

The debt is substantial and any claim would be above the small claims court!
So ca71 has a very strong position against PRA because CCA Request (evidence by PRA of receipt and confirmation of £1) this in Law means UE until PRA fulfil that CCA Request.

There is no evidence of receipt of collection activity from PRA in the Diary until that entry 01/08/2021 then the last payment 28/08/2022

NOW step back and consider the following.

Colin G Quinn entry https://all-about-debt.co.uk/forum/d...87#post1544187
There is a UK Supreme Court authority Judgment which provides that a 'creditor' has a duty to ensure a credit agreement remains enforceable before continuing to report a default to the credit reference agencies.

So if they deem the agreement unenforceable, which it is in law as they can't comply with a statutory request, then they should not be reporting a default on your credit file until such a time that they believe the agreement to be enforceable.


Case Law has the Statute Bar starting from the issue of Barclaycard's Original Default Notice and restarted from each payment of £5 paid until this was stopped!
But Barclaycard have in writing revealed that Default Notice was wrong because of 09/06/2021 the debit was incorrectly calculated because of default fees.

ca71 Please understand that PRA have acknowledged in writing UE August 2021

You seem to be in a strong position in Law which needs legal advice!

I suggest
First
Check if this is DEBT is still being reported by PRA with the Credit Agencies?
Second
Take legal advice here before doing anything!

The Debt is substantial and there seems to legal positions here which should be reviewed by a lawyer
My advice is contact Colin G Quinn with reference to this Debt in your Diary (initial interview is free)

Agree 100%. I'll get JCS on the case as and when a claim arrives. Until such time it is will be radio silence from me. All 3 of my defaults will fall off my credit report this quarter so I'm going to just sit tight and hopefully watch my credit rating soar.

JCS have just successfully defeated a claim for one of my Cabot debts for over 12K (was 11.5K but but the time they added on the court fee it was over 12k) - That'll teach them!

[ca71]

One thing though - the diary omits that a SAR was requested in 2020.

Hi Roger - My bad. Now added.

[Roger]

I am just a tad worried about your offer in Dec 2022. At that point you were a little over a year towards SB but did your offer reset the clock?

I mean, if it’s UE it’s UE but the sooner it’s time barred the better

The Diary reveals
balance: £25.8k

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 consider the account unenforceable.
28/08/2021 - Standing order cancelled.

19/12/2022 - I made a F&F offer of <1%. PRA countered saying they would accept 90% of the alleged outstanding balance.

The debt is substantial and any claim would be above the small claims court!
So ca71 has a very strong position against PRA because CCA Request (evidence by PRA of receipt and confirmation of £1) this in Law means UE until PRA fulfil that CCA Request.

There is no evidence of receipt of collection activity from PRA in the Diary until that entry 01/08/2021 then the last payment 28/08/2022

NOW step back and consider the following.

Colin G Quinn entry https://all-about-debt.co.uk/forum/d...87#post1544187
There is a UK Supreme Court authority Judgment which provides that a 'creditor' has a duty to ensure a credit agreement remains enforceable before continuing to report a default to the credit reference agencies.

So if they deem the agreement unenforceable, which it is in law as they can't comply with a statutory request, then they should not be reporting a default on your credit file until such a time that they believe the agreement to be enforceable.


Case Law has the Statute Bar starting from the issue of Barclaycard's Original Default Notice and restarted from each payment of £5 paid until this was stopped!
But Barclaycard have in writing revealed that Default Notice was wrong because of 09/06/2021 the debit was incorrectly calculated because of default fees.

ca71 Please understand that PRA have acknowledged in writing UE August 2021

You seem to be in a strong position in Law which needs legal advice!

I suggest
First
Check if this is DEBT is still being reported by PRA with the Credit Agencies?
Second
Take legal advice here before doing anything!

The Debt is substantial and there seems to legal positions here which should be reviewed by a lawyer
My advice is contact Colin G Quinn with reference to this Debt in your Diary (initial interview is free)

[Pat]

I am just a tad worried about your offer in Dec 2022. At that point you were a little over a year towards SB but did your offer reset the clock?

I mean, if it’s UE it’s UE but the sooner it’s time barred the better

[Still Waving]

Always carry the Diary entry forward! I apologise for NOT picking up that you had updated the Diary entry! Well Done its a good Diary!
Their 90% indicates confidence doesn't it?
Wait a while to see what happens next before sending for another SAR.

One thing though - the diary omits that a SAR was requested in 2020.

[Roger]

Debt 1 - PRA Group

Type of account: Barclaycard Platinum Credit card
Date commenced: October 2010
Approx balance: £25.8k
Date last paid in full: December 2016
Status: Default Issued Jan 2017
Current status: Not paying (was £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.
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 consider the account unenforceable.
28/08/2021 - Standing order cancelled.
19/12/2022 - I made a F&F offer of <1%. PRA countered saying they would accept 90% of the alleged outstanding balance.

Thanks for the responses.

SAR did in late 2020 - Lots of internal Barclaycard extracts from systems and a few other bits plus an application form for a completely unrelated card (with Morgan Stanley - Don't ever remember having a card with them).

PRA previously offered to settle for 37.5% so I don't think there is any rhyme or reason to their offer. They stated in Aug 2021 that the debt is currently unenforceable.

I used the F&F template off here which, as I understood it, does not reset the SB clock.

Is there any value in sending another SAR for any traffic since the last one, do you think?

Always carry the Diary entry forward! I apologise for NOT picking up that you had updated the Diary entry! Well Done its a good Diary!
Their 90% indicates confidence doesn't it?
Wait a while to see what happens next before sending for another SAR.

[ca71]

My advice in these circumstances of currently UE after same time delay would be to always SAR the Original Creditor to find out what DATA the actually have and the correspondence between them and PRA!

Do this before offering anything! Its better actually to let them come to you with offers. You have awoken PRA here with your offer and their 90% response suggests they are rather more optimistic than perhaps you might think.
I would watch PRA very carefully and perhaps next time seek advice on here!

Thanks for the responses.

SAR did in late 2020 - Lots of internal Barclaycard extracts from systems and a few other bits plus an application form for a completely unrelated card (with Morgan Stanley - Don't ever remember having a card with them).

PRA previously offered to settle for 37.5% so I don't think there is any rhyme or reason to their offer. They stated in Aug 2021 that the debt is currently unenforceable.

I used the F&F template off here which, as I understood it, does not reset the SB clock.

Is there any value in sending another SAR for any traffic since the last one, do you think?

[Still Waving]

I also suspect that PRA could make a good argument that the SB clock has been reset.

A salutary reminder that it's always best to seek other opinions before taking unilateral action.

[Night Monkey]

...or until SB arrives in Aug 2027

I also suspect that PRA could make a good argument that the SB clock has been reset.

[Roger]

Re: Debt1 - Having had PRA confirm that the debt is unenforceable I made a cheeky F&F offer of <1% to close the account. They replied with a counter offer of 90%. This alleged debt will drop off my credit report in Feb 2023. So it will now be radio silence until they issue a claim or until SB arrives in Aug 2027.

My advice in these circumstances of currently UE after same time delay would be to always SAR the Original Creditor to find out what DATA the actually have and the correspondence between them and PRA!

Do this before offering anything! Its better actually to let them come to you with offers. You have awoken PRA here with your offer and their 90% response suggests they are rather more optimistic than perhaps you might think.
I would watch PRA very carefully and perhaps next time seek advice on here!

[ca71]

Re: Debt1 - Having had PRA confirm that the debt is unenforceable I made a cheeky F&F offer of <1% to close the account. They replied with a counter offer of 90%. This alleged debt will drop off my credit report in Feb 2023. So it will now be radio silence until they issue a claim or until SB arrives in Aug 2027.

[ca71]

Did they give a reason ??

Not yet but they have most definitely been JCSed! (presumably dodgy paperwork)

[Still Waving]

Re: Debt 2 - Had verbal notification from JCS that Cabot have agreed to withdraw the claim.

Did they give a reason ??

[stuckinarut]

Great news, no party money for them then

[ca71]

Re: Debt 2 - Had verbal notification from JCS that Cabot have agreed to withdraw the claim.