Alianza's Unenforceability Diary PRA debt 1

[Warwick65]

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.

So they issued a claim and my guessing it was the one where you engaged solicitors who defended the claim and you won. If you had asked them for the paperwork it is quite likely they would not have been able to find it and possibly not issued (maybe saving you some money but you might feel it was a price worth paying for a 7000 claim). This particular claim is for under £1000 and would be just totally uneconomic to engage solicitors even if they would take it. Therefore my argument is ask for the paperwork and try to stop the claim. If the paperwork doesn't exist they won't find it and if it does- well the lag between issuing a claim and getting to court at the moment is huge - so they would probably find it.

Every case is different but the AAD way does work more often than not and that is to avoid court at almost any cost (short of paying).

[Night Monkey]

Every case is different

Couldn't agree more, and if the same were to happen to me in different circumstances I may well make the opposite call. I was just offering one reason for why ignoring a threat of action might be the way forward.

[Roger]

We don't know the whole backstory here and I think that Alianza is in good hands at this time because PRA are litigatious.
PRA obviously have a file of the letters that they have sent but that hasn't stopped them sending the LBC has it!
I hope that they are hit in their pocket here! Because that is something they do understand!

[Warwick65]

Roger- I hope you are right but remember this is for £945 . The cheapest fixed fee I can find is £600 which, I don’t know about you but for the bulk of my life it might as well have been £6000000. I didn’t have that sort of money.

The whole point of the pre action protocols is to keep things out of court which AAD does very well. My only visit to court was because I took my eye off the ball and stopped communicating . 25+ other creditors didn’t go anywhere near court.

Of course we don’t know the back story, it might be that a 0 was missed off the end of the amount in which case I would be first to say go to Jo.

I am afraid I think it immoral if not amoral to say do nothing when you know that will almost certainly lead to a claim, causing untold stress and anxiety- if it can be avoided. I know cos I’ve been there with the enemy claiming they hadn’t received my witness statement. I was lucky because I had a brilliant barrister and he did win some costs back but only half what we asked for so I still had to pay my contribution.

I have been there when I perceived one option was to go BR and I won’t tell you what the other option was. Needless to say, I found here and am still here so it can’t all have been bad. This is the nearest I get to bring evangelical about a system. AAD works

[Roger]

I much appreciate your contributions and indeed your logic here!
I agree also that AAD ideally is to keep out of court and asking for proof of debt, of assignment, of conformity to the Consumer Credit Act.
But this is PRA!
Of course PRA know this isn't cost effective! PRA also know exactly what they are doing!

Now will they put their money where there mouth is?

[Warwick65]

Of course PRA know this isn't cost effective! PRA also know exactly what they are doing! [/COLOR]

That is my whole point- it is cost effective for them but not cost effective for Alianza to engage legal representation. We all know about Judge inconsistencies . A friend with a low value claim had £200 costs slapped on and ended up taking a PDL to pay it because they could not get a CCJ because of work. The claimant had even refused mediation - throwing out received wisdom that judges look unfavourably on people who refuse mediation.

Oh and thank you for your vote of confidence

[Roger]

That is my whole point- it is cost effective for them but not cost effective for Alianza to engage legal representation. We all know about Judge inconsistencies . A friend with a low value claim had £200 costs slapped on and ended up taking a PDL to pay it because they could not get a CCJ because of work. The claimant had even refused mediation - throwing out received wisdom that judges look unfavourably on people who refuse mediation.
Oh and thank you for your vote of confidence

With these Global Groups like PRA brute force and money is used to achieve their Ends which is to maximise their investment!
The irony is Bad Debts and poor Credit Ratings are for them good investments!

[The Tech Clerk]

With these Global Groups like PRA brute force and money is used to achieve their Ends which is to maximise their investment!
The irony is Bad Debts and poor Credit Ratings are for them good investments!

reminds me of the Mafia?

[Roger]

reminds me of the Mafia?

Jo saw them off in my Case and with a bloody Nose to boot!

Reading elsewhere seems PRA are sending Letters threatening to send Letters Before Claim!

That's a nice ploy to get you to engage!! Perhaps restart the Statute Bar Clock!!!
Show your Hand, walk into their gentle smiling Jaws!

Mafia and knee cap jobs!

[The Tech Clerk]

Jo saw them off in my Case and with a bloody Nose to boot! = Yes That was a good result!

Reading elsewhere seems PRA are sending Letters threatening to send Letters Before Claim! = seen a lot lately

That's a nice ploy to get you to engage!! Perhaps restart the Statute Bar Clock!!! = last ditch attempts sometimes as you say get them to engage statute barred out of window,?

Show your Hand, walk into their gentle smiling Jaws!

Mafia and knee cap jobs!

then a rope! off a cliff

[Warwick65]

I do think some people forget that receiving that dreaded claim form can often push people to start thinking (maybe not totally seriously but even thinking is bad enough) of short ropes and tall buildings.

[PlanB]

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.

If you ignore that Letter of Claim they will issue legal proceedings against you.

You say you have a letter from PRA admitting the debt is unenforceable so why not tick Box D disputing the debt which might stop them from issuing a county court claim.

And even if they do issue a claim you can demonstrate to the court that you put them on notice that they didn't have the relevant paperwork in their possession at the time.

Another AAD member recently did that (ticked Box D) and the solicitors have written to them to say the account has been suspended because they don't have the relevant documents. So far so good.

Things could change later down the line but considering the value of the debt (£900 approx) you should think carefully before putting your head in the lion's mouth if that can be avoided.

Updated

Just received letter from Overdales

"Our client has informed us that unfortunately the copy of agreement and default notice are not available...We have suspended your account . . . . "


. . . I think this is 'potentially' good news?

Di

[alianza]

I was uncertain whether to ignore or dispute the letter i got but in the end i followed Warwick65's advice and ticked box D and listed the reasons he gave. I have received a letter back saying the account is on hold while they get further information from the original creditor etc, Alianza

[PlanB]

This is very good news indeed, especially since you previously foiled a Letter Before Action from PRA in August 2017 after they had admitted (in writing ) that the debt was unenforceable due to non compliance with your CCA Request.

If they couldn't produce the credit agreement in 2017 then I doubt they'll be able to produce it over four years later.

Let's hope they look closely at the file and see the history!

a MBNA credit card (originally taken out in 1994)

16th Feb 2017 I sent a cca request

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.
. . . .

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.
. . . .
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.

Di

[alianza]

Letter from PRA received. Account still on hold while they await further information. Alianza