My Debt Diary

[DF.Ben]

Thanks Dottir

it has got included an information sheet and reply form. States they could take me to court if I don’t send the reply form back in 30 days.

no I&E form included but one of the many available box options is to send a financial statement with a proposal for repayments

[Dottir]

Just wanted to add- this is a really good guide from Sara a senior member of CAB. She has appeared on BBC MoneyBox on Radio 4
https://debtcamel.co.uk/letter-before-claim-ccj/

Just a thought are they definitely letters of claim, you know, the ones with 4 pages that include a space for Iand E?

[Dottir]

Hi Ben

Everywhere I look the advice is always the same (well apart from some on here). Do not ignore a letter of claim. Sorry I have not looked back fully at what you have written.

If you have a non compliant S77/78 request I would write asking for a copy of the agreement, a copy of the default notice, a copy of the statement of account and a copy of the notice and deed of assignment.

If you have never sent a S77/78 or if you have and they have sent one back then I would send a new one with the £1 fee and a copy to whomever sent the letter of claim. I would also ask whoever sent the letter of claim the above - highlighted in red.

At this point I would also send a DSAR to the original owners of the debt.

The whole point about sending a letter of claim is to prevent court action so one of two things happens, they realise they do not have a case and hopefully stop or you realise they have a case and make some sort of settlement.

Again, my advice would be, if they do send all the stuff back you asked for then think about consulting a professional who deals with consumer credit.

When I say advice I really mean what I would do. I am not qualified to give legal advice and if anyone else gives you advice I would ask their qualifications as well.

[DF.Ben]

Hi all

Updated 2 debts as I received letter before claim for both of them from PRA.

1 is the same debt I received the same LBC around a year ago, I ignored it at the time due to forgetting mainly! (my partner and I were doing IVF and planning a wedding - we’ve now literally just had a baby, 5 days old!)

Can someone please advise right response to these? I can post them if needed.

I am only a year away from these defaults being 6 years old. I am hoping to get a mortgage in 2 years, I cannot risk further harm to my credit history really at this point. Though may not be in position to buy house if I have to make arrangements to pay. With my wife not working due to just having a baby, sky high rent and bills, there is even more pressure on finances - not sure anything left for them to take from me!

thank you

[Pat]

Hi all. Just thinking about potential outcomes with these debts…

Not paid or been in contact with PRA for over 3 years now and it’s around 18 months from the 6 years mark when the defaults and debts will no longer be on my credit report - what is the usual behaviour from PRA leading up to this?

surely as more than 1 is enforceable then PRA wouldn’t be so stupid to let them become time barred based on last payment/contact either? Before that happens would it not be more likely that I get claim letters from them?

no reason for me to get in touch and payment plans them at the moment though I could afford small over a decade long repayment plans.. I should have lump sum to partially settle within next 2 years and will be dropped off my report anyway - some may say to not even partially settle but I don’t want them lurking in the background constantly and surely even though won’t be on my report it would still come up during a mortgage application or is it up to me to tell them? But can’t lie on that obviously!

thanks for your help and advice.

Hi Ben

As I am sure you know- but just a reminder anyway.

Once the account falls off your credit file this does not mean it is time barred.
The clock starts ticking either at the S87(1) DN remedy date - so the date by which you should have made a payment according to the latest DN - or the date of last payment or the date of last acknowledgement of the dabt - whichever is the latter.
Of course, PRA may not be aware of some interactions with the OC but are usually aware of payments.

It is not unheard of for payments to mysteriously appear - sometimes these are random and when challenged they can not say where the payment came from, other times these are by the incorrect allocation of say or £1 CCA fee or (from when we had to pay) the £10 SAR. Sadly many of us do make random payments just to shut them up and usually before we are aware of the importance of not doing so. Equally we may write in frustration , so once I sent a harassment by telephone letter but in retrospect this may have been seen as an acknowledgement - mainly because of what I put in the covering email ( I sent a copy by post and a copy by email ) oddly they still contact me asking for an email address which if they were bright enough to search for they have.

If they are not chasing I would ignore them, personally I would only settle (even partially) if it was really important that I didn't get a CCJ and they were getting heavy. For some people getting a CCJ can mean unemployment if the employer finds out. I believe you can not work for a bank or have a consumer credit licence to provide credit if you have a CCJ.

If you are worried about lurking old data maybe talk to a Mortgage Broker. Businesses do keep their own data for a long time - possibly even longer than GDPR would strictly allow - I know I can not get a bank account or credit card from Lloyds banking Group where I had a mortgage, current account , defaulted loan and credit card back in the day however I can get a Natwest CC even though I had two that were sold to Cabot way back when.

[Roger]

We have all been where you are Now.
PRA seek to maximise their Profits! They are not a Charity!
Without going into details basically they will have a profile on You this is what DCA's do.

Doesn't matter how many of your accounts they have assigned to them If you haven't any money they can't get blood out of a stone.
But read between the lines

They passed your Case to their specialist
Investigation & Litigation Team In Kilmarnock Scotland
It was they who sent out that June 2023 Letter Before Claim
You let the 30 days go by without a response!
Thats nearly six months ago! and No Claim issued!
WHY? Either a legal issue OR an economic assessment!

By all means pop back on here BUT PRA can be beaten!! JCS beat them on my behalf!
In the mean time read the Diaries make notes (for yourself) and SILENCE sit on your Hands.
If you can save do so! Bluff and Tactics

[DF.Ben]

Hi all. Just thinking about potential outcomes with these debts…

Not paid or been in contact with PRA for over 3 years now and it’s around 18 months from the 6 years mark when the defaults and debts will no longer be on my credit report - what is the usual behaviour from PRA leading up to this?

surely as more than 1 is enforceable then PRA wouldn’t be so stupid to let them become time barred based on last payment/contact either? Before that happens would it not be more likely that I get claim letters from them?

no reason for me to get in touch and payment plans them at the moment though I could afford small over a decade long repayment plans.. I should have lump sum to partially settle within next 2 years and will be dropped off my report anyway - some may say to not even partially settle but I don’t want them lurking in the background constantly and surely even though won’t be on my report it would still come up during a mortgage application or is it up to me to tell them? But can’t lie on that obviously!

thanks for your help and advice.

[Pat]

Hi Ben

The reason I mentioned about credit was the one and only claim against myself came not long after I took out a credit card. Maybe it was a coincidence but once bitten and all that. Claim never got as far as court but it was a worry for a while.


As you’ve had them for a while I would hope all is good.

Congratulations on getting hitched by the way.

[Roger]

The Tech Clerk
I suggest this letter is taken down because I suspect it could be traceable!
There is more than sufficient prior advice given by @Di for instance a highly respectable contributor.
I personally am grateful for the real kicking that JCS performed on my behalf with PRA

Enjoy Trustpilot Review of PRA
Pragroup Reviews | Read Customer Service Reviews of pragroup.co.uk (trustpilot.com)

Investigation & Litigation Team
In Kilmarnock Scotland
PRA Group Legal Payment | PRA Group UK

[Pat]

It is definitely from PRA, on their letterhead.

Oh so from PRA . In my experience letters of claim come from solicitors so maybe it was a threat o gram. That would explain why they did not follow through

[DF.Ben]

DF.Ben

Who sent you the Letter of Claim can you remember?

It is very unusual for PRA not to follow through

???????

Good point TC

It is definitely from PRA, on their letterhead. I still have it if any details would be helpful

On the topic of new credit, to be honest I do have
2 credit cards (£2k and £3k limit) since these defaults - bad credit types (ocean / cap one) for the last 2-3 years that I never miss payments on and 95%+ of the time pay in full but do use every 2-3 months as needed. for example got married a few months ago so had a need to use them for short term pinch point - all paid off now in full so without any interest charges. I certainly don’t intend to apply for any new credit and can close these if that would be best idea! Other than that I have a £1k overdraft (rarely used maybe end of month only £1-200) from before the defaults, sky mobile, next directory £150 no balance, PayPal credit £200 but again no balance just use it 1 month and pay the next. Sometimes spread payments interest free for 3 months on it.

I never missed payments on the original debts until the end, I went through divorce and the debts just got so unsustainable that I was paying £1k+ in min payments every month and having to spend again every month on them to make ends meet, I could no longer balance transfer my way out of interest so was suddenly getting swamped by interest and had no choice but to default in the end.
At the time it felt like the best thing I’d ever done as I knew what money I had and could live off once I wasn’t paying credit cards. But a few years down the line and I don’t really have a plan to deal with the debts. I always thought I’d partially settle but I’ve just never got to the point of having enough of a lump sum.

As far as I can tell PRA have never viewed my credit file and I have accounts on all the free monitoring sites - MSE, totally money, credit karma etc. I only got an alert when Tesco sold to Intrum and Intrum did some sort of creditor search.

[Pat]

DF.Ben

Who sent you the Letter of Claim can you remember?

It is very unusual for PRA not to follow through

???????

Principles and Codes of Conduct look through here see if misuse of procedures but have no intention following it through?

Good point TC

[The Tech Clerk]

Principles and Codes of Conduct look through here see if misuse of procedures but have no intention following it through?

[Pat]

16th January 2021 "I do not have any lump sum available for F&F. Total debts of £39k all defaulted Jul/Aug 2019."
Its ALL in the Diaries

PRA assigned first 4 Debts thats so they Know
"Lloyds Bank Credit Card",
"MBNA Credit Card|",
"Lloyds Bank Credit Card",
"Halifax Credit Card"
The Fifth with Intrum

@Di
very kindly remarked on
https://all-about-debt.co.uk/forum/d...68#post1538368
also
https://all-about-debt.co.uk/forum/d...70#post1538370
AND Especially
https://all-about-debt.co.uk/forum/d...49#post1538549

Timewilltell

Excellent advice
"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
"..
In June they decided to send me a Letter Before Claim, where I had 30 days to respond with an info sheet and reply form supplied. I ignored it and then never heard anything about court proceedings being started. I assume then it is ok to ignore a letter before claim as just another tactic they deploy and they don't always result in court proceedings being started?
.."
Nice tactic LBC on one just to get at the I&E?
Here we are End of October

And your point is?

You did not actually answer any point I made.

[Roger]

16th January 2021 "I do not have any lump sum available for F&F. Total debts of £39k all defaulted Jul/Aug 2019."
Its ALL in the Diaries

PRA assigned first 4 Debts thats so they Know
"Lloyds Bank Credit Card",
"MBNA Credit Card|",
"Lloyds Bank Credit Card",
"Halifax Credit Card"
The Fifth with Intrum

@Di
very kindly remarked on
https://all-about-debt.co.uk/forum/d...68#post1538368
also
https://all-about-debt.co.uk/forum/d...70#post1538370
AND Especially
https://all-about-debt.co.uk/forum/d...49#post1538549

Timewilltell

Excellent advice
"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
"..
In June they decided to send me a Letter Before Claim, where I had 30 days to respond with an info sheet and reply form supplied. I ignored it and then never heard anything about court proceedings being started. I assume then it is ok to ignore a letter before claim as just another tactic they deploy and they don't always result in court proceedings being started?
.."
Nice tactic LBC on one just to get at the I&E?
Here we are End of October