My Debt Diary

[DF.Ben]

Debt 1 - PRA Group (Barclaycard)
Date commenced: November 2010
Approx balance: £13k
Status: Defaulted July 2019
Current status: No payment made since June 2020.

History:
May 2020 - CCA request made
September 2020 - PRA have sent photocopies of agreements and terms, claim it is enforceable
January 2021 - Letter from PRA which wasn't prompted by me offering 20% discount to clear the account, so about £10k, not intending to respond.
January 2021 - PRA group put all my accounts on hold for 90 days which is mid April 2021.
January 2021 - Niddy advises the Barclaycard one looks border line only as it's unsigned / no tick in the box
January 2023 - Letter received from Moorcroft saying they are working for PRA group.
March 2023 - Letters from moorcroft about payment plans / discount offer - ignored

Updated

[Still Waving]

There's nothing in your Halifax diary about a formal Letter Before Claim, could your diary do with an update before anyone comments without the full story?

Ideally the entire diary entry for the account should be brought forward to the top of this thread (in the way you have just done on DF.Ben's behalf).

[Night Monkey]

Debt 4 - PRA Group (Halifax Credit Card)
Date commenced: April 2014
Approx balance: £5.5k
Status: Defaulted August 2019
Current status: Enforceable. No payment made since June 2020, impacted by coronavirus couldn't afford the c.£10 payment plan

History:
May 2020 - CCA request made
September 2020 - PRA have sent photocopies of agreements and terms, claim it is enforceable.
January 2021 - Niddy confirmed that the agreement supplied by PRA does appear enforceable as is quite a new one.
January 2021 - PRA group put all my accounts on hold for 90 days which is mid April 2021.

There's nothing in your Halifax diary about a formal Letter Before Claim, could your diary do with an update before anyone comments without the full story?

[DF.Ben]

Hi all,

Just a quick update and bit of advice if possible. I've not made any payments or made any contact regarding the x4 PRA group debts, I'm still not in a position where I can pay anything off them. They still call frequently but I never answer it.

Most if not all of the defaults will drop off my credit file July/August 2025 which doesn't feel too far away now.
I am not really sure what to do about them long term though. In total it's about £40k. I'd like to buy a house one day but not sure if that will be possible with this debt, whether or not it's on my credit report, so think I will at least have to make offers to settle if I'm in a position with a lump sum one day.

The only debt I make a very small monthly payment to is Tesco/Intrum.

Anyone have any advice?

I'm about to move house as well and wondering whether I should tell them my new address or let them work it out for themselves?

Thanks!

[The Tech Clerk]

Moorcroft just commission agents hopefuls if collect they get most of it. ignore

[Still Waving]

Hi

It is more likely that they have farmed out collection activity to Moorcroft, rather than sold it to them. You can just file and ignore their letters. They would notify of their intention to send someone to your home (which they are allowed to do), but you should not get into a discussion with anyone if they do turn up. Just tell them "everything in writing" and close the door. It would only be some local agent with no powers.

[DF.Ben]

Hello, I've been ignoring PRA group, apart from the calls they haven't written apart from on MBA which they admit is UE to offer me 20% off but I've just ignored it.

I've just had a letter from PRA relating to Debt 1 Barclaycard stating it has been transferred to Moorcroft Debt Recovery Ltd (scary name) - is this a case of PRA selling the debt onto them? Do I treat them the same as PRA or can I expect them to start turning up at the house? (I thought that was not allowed anyway for this sort of debt, but I googled them and this is the sort of thing I saw)

[Joanna Connolly Solicitors]

Diana Mayhew is this 90 days on hold a nod towards the COVID 90 day deferral of payments to creditors instruction? Or is this a ‘norm’ behaviour?

Good question, and not one I can easily answer

It might be a nod towards COVID-19 'tolerance' delivered through gritted teeth.

Or 'norm' behaviour? I'm not so sure - unless maybe PRA aren't really sure of their legal position?

Di

[Timewilltell]

Diana Mayhew is this 90 days on hold a nod towards the COVID 90 day deferral of payments to creditors instruction? Or is this a ‘norm’ behaviour?

[Joanna Connolly Solicitors]

Niddy has looked over the 3 documents and advised, that the Barclaycard one is the only one that looks borderline as it's unsigned / no tick in the box. The two LBG ones are both too new and look enforceable.

PRA have helpfully put my accounts on hold for 90 days

If the accounts have been put on hold for 90 days then wait to see what they do then before reacting.

In the meantime you could send a SAR to the original creditors to see what data they have on file which may reveal other reasons for potential unenforceability. Debt 3 is Lloyds and Debt 4 is Halifax (have I got that right?).

You can then also check to see whether the credit agreement documents which PRA sent to you (which appear to be enforceable) are recons which must be honest and accurate not a library template etc from a debt purchaser.

I saw one recently from another debt purchaser which looked perfect, until it became clear that it was the credit agreement for his wife's account not his!

Di

[Timewilltell]

My advice Ben, is to ignore all that they send whether advised enforceable or not, carry on with your life and only take action when the court claim papers drop, they prey on people bowing to their pressure, as it is written, resist the devil and he shall flee.
just make sure that you keep filing all that arrives so that you have your own paper trail.

[DF.Ben]

Hi everyone,

Niddy has looked over the 3 documents and advised, that the Barclaycard one is the only one that looks borderline as it's unsigned / no tick in the box. The two LBG ones are both too new and look enforceable.

PRA have helpfully put my accounts on hold for 90 days as I informed them again that I was financially impacted by coronavirus.

Updated above.

Thanks guys, hope everyone is having a great weekend!

[Night Monkey]

Whether or not to stop paying is always a personal decision, and I spent quite a few months prevaricating before I finally pulled the plug. That's when the journey proper starts, and I can certainly say that I haven't regretted it.

And no, I wouldn't be sending them any completed I&E forms :-)

[DF.Ben]

Thanks all, much appreciated.

Sent the files over to Niddy over the weekend so will update when I hear back.

I'll be able to afford to make payments again from next month. Would you be recommending I do not pay them anything further at this point and don't enter into sending them new I&E etc?

[Spud]

Hi and welcome to the forum

Just to echo what Di Mayhew and Nightwatch have already said

PRA had a few debts of mine and would send me half a rainforest a week claiming that everything was enforceable and jumping up and down about how I should do this or that - Seriously they could have given themselves an ulcer with all the frantic letter sending

Truth of the matter is tho, When it came down to it, They weren't enforceable

And as people have correctly said, There is a lot more to an account being enforceable than just an agreement. The amount of times on here we have seen an enforceable agreement but the debt wasn't assigned correctly or other important points couldn't be satisfied. Its so common

Hang in there, Post up as you get updates from Niddy or letters from creditors, Your doing great