Alianza's Unenforceability Diary PRA debt 1

[alianza]

Hi, As I have posted on here occasionally and always in a different place I will try to put all of the history in one thread so anyone can see it all and offer advice.

Backstory is went through a divorce, couldn't pay debts etc at the time so ended up with a MBNA credit card (originally taken out in 1994) that I couldnt pay. Was with debt management plan for some time but the company doing it folded and so I decided to go self managed. So here is a summary of all the correspondence/advice I have received .

7th feb 2017. Letter from PRA telling me to stop paying my debt management company and to contact them.

i did contact them and arranged to pay them the same amount i was paying through the debt management company however i never went through with it and at this point i decided to go self managed after reading online.

16th Feb 2017 I sent a cca request using a template i got online somewhere.

16th feb 2017 i got a statement of account showing amount outstanding is £945.06

17th feb 2017 Letter from PRA acknowledging my cca request and returning my postal order, collection activity stopped until further notice.

10th march 2017 received a bundle of photocopies of MBNA credit card statements and a letter stating that they are awaiting further documentation and to quote 'we have currently deemed this debt as unenforceable which means we are not able to take court or further enforcement action against you to recover the balance'. Needless to say that letter is filed away carefully.

22nd June 2017 letter asking me to settle my account. ignored and filed.

3rd August 2017 letter from PRA telling me it is being passed to investigations and litigation dept. Ignored and filed.

15th August 2017 letter from PRA indicating they are going to take action stating it is a formal letter before claim i remember Niddy helped me write a letter in response that i sent to them. It all went quiet after that.

8th feb 2018 letter from pra of statement, filed.

20the feb 2019 letter from pra of statement. filed

december 2019 letter from pra asking me to contact them or they will transfer account to Credit Security ltd. Ignored and filed

27 jan 2020 letter from CSL , notice of instruction' want me to call them. Ignored and filed.

17th feb 2020 letter from CSL ' notice of continued action' please call etc. ignored and filed.

march 2020. statement from pra.

april 2020 . letter from csl offering chance to settle for £444.18. Ignored and filed.

12 jun 2020 letter from csl. if i do not contact them the account will be returned for further recovery action. Ignored and filed.

Feb 2021. letter from PRA. 'Pre Action protocol' if i do not contact them within 30 days the account may be submitted to the county court.

[alianza]

Can someone advise me as to any action I need to take on the most recent letter or whether i should just ignore it and see what happens. Thanks. Alianza

[Joanna Connolly Solicitors]

Can someone advise me as to any action I need to take

Hello

Why don't you email me a copy of that letter so I can see what they intend to claim and why they think they have the right to claim it using di@joannaconnollysolicitors.co.uk

Can I also clarify that PRA didn't send you any further documents after 10th March 2017 when they sent you a bunch of statements from MBNA and admitted in their letter that the debt was unenforceable following your s77-79 CCA Request to them?

Don't do anything just yet.

Di

[alianza]

i will email it to you. i received no further documents after the bundle of statements for this debt. I do have another debt with pra. Will do a diary of that in a bit. didn't expect a reply so quick and have just put the kettle on...

[Joanna Connolly Solicitors]

i will email it to you. i received no further documents after the bundle of statements for this debt.

Thank you - I've received your email.

From what you say this debt is currently unenforceable due to PRA's failure to comply with your CCA Request in 2017

I'll reply shortly.

Di

[alianza]

I have found my folder of early documents regarding this debt.

7th June 2012 letter from MBNA default notice. i probably ignored this.

7th July 2012 letter from MBNA notice of arrears

13th Sept 2012 letter from MBNA informing me they have decided to sell the debt to Aktiv Kapital Portfolio AS Zug Branch

20th Sept 2012 letter from Aktiv Kapital (UK) Ltd stating they are acting on behalf of Aktiv Kapital Portfolio AS Zug Branch, could i phone them etc. Ignored, filed.

3rd October 2012 repeat letter from Aktiv Kapital (UK) Ltd stating they are acting on behalf of Aktiv Kapital Portfolio AS Zug Branch, could i phone them etc. Ignored, filed.

9th April 2013 letter from Aktiv Kapital offering a discount. ignored and filed.

1st july 2013 letter from Aktiv Kapital offering a discount. ignored and filed.

16th Jan 2015 letter from PRA Group informing me that my account was assigned to PRA Group (UK) Ltd from Aktiv Kapital Portfolio, AS,Oslo,Zug branch on 31/12/2014 and also a statement of account that gave an account summary and also states that on 6th November 2014 Aktiv Kapital (UK) Ltd changed its name to PRA Groip (UK) Limited

dont seem to have any documents from then to 2017 as I think that was when i was doing a dmp through some company., Alianza

[Joanna Connolly Solicitors]

I have found my folder of early documents regarding this debt.

7th June 2012 letter from MBNA default notice. i probably ignored this.

7th July 2012 letter from MBNA notice of arrears

13th Sept 2012 letter from MBNA informing me they have decided to sell the debt to Aktiv Kapital Portfolio AS Zug Branch

20th Sept 2012 letter from Aktiv Kapital (UK) Ltd stating they are acting on behalf of Aktiv Kapital Portfolio AS Zug Branch, could i phone them etc. Ignored, filed.

You've sent me some documents but may I now see the Default Notice from MBNA in June 2012, and any Notice of Assignment in September 2012.

Di

[alianza]

You've sent me some documents but may I now see the Default Notice from MBNA in June 2012, and any Notice of Assignment in September 2012.

Di

sent via email

[Joanna Connolly Solicitors]

sent via email

Thank you.

I’ll run forensics over those - especially the DN.

Di

[alianza]

Hi all, new development today as I have received a bundle of papers from PRA

First paper states it is a Letter Before Claim and a formal demand for £945.06 and notice of PRA group's intentions to issue court proceedings. Apparently I entered into a credit agreement on or about the 15th August 1994 (they don't know the exact date as they have never complied with my original CCA request because they cannot get the documents from MBNA). I am expected to respond to the letter and invitation to ADR by 8//7/2021/

four more pages are reply form with boxes ABCDEFGHI I am sure you have seen these before, also an information sheet, a copy of my June 3 2021 account summary, a personal information form for income/expenditure etc and a Ready to pay page with lots of info about how I can pay them...(lol no chance of that)

would appreciate any advice as to how to respond to this.

Alianza

[PlanB]

it is a Letter Before Claim and a formal demand for £945.06 and notice of PRA group's intentions to issue court proceedings. Apparently I entered into a credit agreement on or about the 15th August 1994 (they don't know the exact date as they have never complied with my original CCA request because they cannot get the documents from MBNA).

Hello

Please don't feel intimidated by a Letter of Claim because sometimes (mostly in my point of view) this is intended to 'put the frighteners' on you (i.e intimidate).

I'll take a peek back at your whole thread tomorrow before making any suggestions.

However after a brief look back at the history tonight this may be an unenforceable debt since they've not complied with your CCA Request for starters!

I'm not raising your expectations which is why I'll post on your thread again tomorrow.

Your use of the word "apparently" is exactly what this situation is all about

Di

[Warwick65]

Hi all, new development today as I have received a bundle of papers from PRA

First paper states it is a Letter Before Claim and a formal demand for £945.06 and notice of PRA group's intentions to issue court proceedings. Apparently I entered into a credit agreement on or about the 15th August 1994 (they don't know the exact date as they have never complied with my original CCA request because they cannot get the documents from MBNA). I am expected to respond to the letter and invitation to ADR by 8//7/2021/

four more pages are reply form with boxes ABCDEFGHI I am sure you have seen these before, also an information sheet, a copy of my June 3 2021 account summary, a personal information form for income/expenditure etc and a Ready to pay page with lots of info about how I can pay them...(lol no chance of that)

would appreciate any advice as to how to respond to this.

Alianza

Hi there.

I know receiving letters of claim can be rather unnerving . It seems they have not complied with your CCA request however I am not sure if just now is the time to tell them.

What I would do is
Tick Box D saying I dispute the claim
Then ask for the following
The credit agreement
The notice of assignment
The deed of assignment
A full statement of account
The default notice

As this is so old were there other owners in-between (for example I have an account that was sold by creditor A to company B who were then bought by company C and therefore there should be notices of assignment from A-B and then B-C). If there were other owners I would ask for All notices of assignment and All deeds of assignment.

Hopefully that will shut them up.

By the way can you evidence you sent a cca request (copy of letter, proof of posting, proof of delivery and maybe even a thank you for your request we are looking?)

[alianza]

Thx for you suggestion, i have spoken with someone at Joanna connolly solicitors and have decided to follow their suggestion of just ignoring it and seeing what they do.

I did keep a copy of the cca and proof of posting and have their written replies that they received it and were trying to get the info. Also a letter from 2017 where they admit they can't get the info and they actually write that it is unenforceable so i don't think I will have too much trouble with this if they do decide to go further.

[Warwick65]

Why did they suggest ignoring it? If you do you will almost certainly get a claim. Of course it’s up to you. It is however easier to stay out of court. They could knock up a recon and a judge might deem it ok.

[Night Monkey]

Why did they suggest ignoring it? If you do you will almost certainly get a claim.

I also chose to ignore PRA when they threatened to issue a claim, the thinking being that asking for paperwork gives them time to get their house in order before they do so; once they involve the courts then strict time limits apply, the clock is ticking and the time they have to find what they need is therefore more limited.

As it happened they did issue a claim (as I understand PRA are wont to do), couldn't provide the documentation when asked and duly lost.