LarimarBlue's UE Diary

[LarimarBlue]

Hi, I'm new on here so hopefully I'm posting in the right place!

I received standard letters from PRA Group on behalf of Verde Experto requesting payment or offering settlement terms for a credit card I'd originally taken out with MBNA in 2002.0 I have simply been ignoring all of them.

However on 02/06/16 PRA Group wrote saying they'd purchased the outstanding balance from Varde Experto and it is now being managed by their Investigations and Litigation Department for possible Litigation recovery. To be honest, I didn't even read it, just assuming it was the usual idle written threat.

I then got a letter from PRA Group on 24/06/16 saying my account has now been transferred to the Investigations and Litigation Department and this is now a letter before claim as required by the Practice Direction on Pre-Action Protocols to give me notice of PRA Group's intention to issue court proceedings against me etc.

Not realising that it was not Varde Experto who owned the debt anymore (because I'd failed to read the previous letter properly), on 1 July I sent a CCA request letter addressed to Varde Experto c/o PRA Group with a £1 postal order made out to Varde Experto.

I received a reply back from PRA Group dated 06/07/16 acknowledging receipt of my correspondence and saying they have requested the required information. They also returned the £1 payment as they do not require it to action my request.

Then on 07/07/16 I sent PRA Group a Letter Before Action letter, telling them that I intend to defend any claim and requested key documents; credit agreement, deed of assignment, notice of assignment, default notice, termination notice, statement of account.

I have now received from them a letter dated 28/07/16 enclosing documentation received to date and are awaiting further documentation to complete my request. What they've sent is (laughable)...

• a photocopy of a credit search done on me in 2002 that simply shows my name and address at the time, salary details, income, bank details and that I had another credit card already. Erm, how is this relevant to anything?
• original signature form for credit agreement with MBNA showing a credit reference number and original credit limit and name and address details
• a photocopy of Abbey National written Terms & Conditions - what has THIS got to do with anything?

They've said I'll receive no further contact from them until the requested information has been supplied to me.

My questions are

1. Should I resend the CCA letter but address it to PRA Group? Or would that make no sense?
2. Should I reply pointing out that what they've sent is not a credit agreement with PRA Group? And the other documents are just rubbish?
3. Is there another template I should use to contact them again?

What do I do next? Please help. Thank you

[sara2]

Re: PRA Group / Varde Experto / MBNA - advice please

Hi LarimarBlue,

Welcome to the forum, what will help is starting a thread on diary section, and detailing the communications in it so the more experienced guys here can help you. I will wait for the others to advice you in this but if it was me, that last letter is all you need as they are still haven't fulfilled your request yet by their own admission. So keep that letter secured, I wouldn't send them anything else until they say that we have completed your request.

[cymruambyth]

Re: PRA Group / Varde Experto / MBNA - advice please

Hi and welcome to AAD. As Sara has said, keep your letter safe and wait for their next move. Failure to comply with a CCA request means that it is not enforceable. They have said they won't contact you until they have the documentation, hope fully that will take a few years. How long since you made any sort of payment? If you start a thread in the diaries then you can get help and pointed to the relevant letters which have been checked by our solicitor to ensure that there is no admissions made that could compromise any debts that become statute barred.

[LarimarBlue]

Re: PRA Group / Varde Experto / MBNA - advice please

Thanks for answering Sarah2 - a completely div question - where is the diary section? I can't see anything obvious to click on.

[LarimarBlue]

Re: PRA Group / Varde Experto / MBNA - advice please

Thanks for the advice. I'm not sure if my original CCA request is valid though as I addressed it to Varde Experto c/o PRA Group when their previous letter had informed me that they had purchased it from Varde.

I've not made a payment in years - since 2010 I think, could be longer. They don't appear on my credit search anymore, so it's been over 6 years since default. I'll move this to diaries when I figure out where that is

Hi and welcome to AAD. As Sara has said, keep your letter safe and wait for their next move. Failure to comply with a CCA request means that it is not enforceable. They have said they won't contact you until they have the documentation, hope fully that will take a few years. How long since you made any sort of payment? If you start a thread in the diaries then you can get help and pointed to the relevant letters which have been checked by our solicitor to ensure that there is no admissions made that could compromise any debts that become statute barred.

[LarimarBlue]

Re: PRA Group / Varde Experto / MBNA - advice please

Is this where I should be posting? http://forums.all-about-debt.co.uk/f...bility-Diaries

[Deepie]

Re: PRA Group / Varde Experto / MBNA - advice please

Is this where I should be posting? http://forums.all-about-debt.co.uk/f...bility-Diaries

Yes .....

[LarimarBlue]

LarimarBlue's UE Diary

Hi, I'm new on here so hopefully I'm posting in the right place!

I received standard letters from PRA Group on behalf of Verde Experto requesting payment or offering settlement terms for a credit card I'd originally taken out with MBNA in 2002.0 I have simply been ignoring all of them.

However on 02/06/16 PRA Group wrote saying they'd purchased the outstanding balance from Varde Experto and it is now being managed by their Investigations and Litigation Department for possible Litigation recovery. To be honest, I didn't even read it, just assuming it was the usual idle written threat.

I then got a letter from PRA Group on 24/06/16 saying my account has now been transferred to the Investigations and Litigation Department and this is now a letter before claim as required by the Practice Direction on Pre-Action Protocols to give me notice of PRA Group's intention to issue court proceedings against me etc.

Not realising that it was not Varde Experto who owned the debt anymore (because I'd failed to read the previous letter properly), on 1 July I sent a CCA request letter addressed to Varde Experto c/o PRA Group with a £1 postal order made out to Varde Experto.

I received a reply back from PRA Group dated 06/07/16 acknowledging receipt of my correspondence and saying they have requested the required information. They also returned the £1 payment as they do not require it to action my request.

Then on 07/07/16 I sent PRA Group a Letter Before Action letter, telling them that I intend to defend any claim and requested key documents; credit agreement, deed of assignment, notice of assignment, default notice, termination notice, statement of account.

I have now received from them a letter dated 28/07/16 enclosing documentation received to date and are awaiting further documentation to complete my request. What they've sent is (laughable)...

• a photocopy of a credit search done on me in 2002 that simply shows my name and address at the time, salary details, income, bank details and that I had another credit card already. Erm, how is this relevant to anything?
• original signature form for credit agreement with MBNA showing a credit reference number and original credit limit and name and address details
• a photocopy of Abbey National written Terms & Conditions - what has THIS got to do with anything?

They've said I'll receive no further contact from them until the requested information has been supplied to me.

My questions are

1. Should I resend the CCA letter but address it to PRA Group as they bought the debt? Or would that make no sense?
2. Should I reply pointing out that what they've sent is not a credit agreement with PRA Group? And the other documents are just rubbish?
3. Is there another template I should use to contact them again?

What do I do next? Please help. Thank you

PS. Thank you to Sara2 and cymruambyth for advice already received

[Pixie]

Re: LarimarBlue's UE Diary

Hi LarimarBlue. I'm not sure why PRA sent the payment back but keep the letter acknowledging your request safe.

1. No need to send another CCA request.

2. Upload the MBNA agreement for Niddy to check --->http://forums.all-about-debt.co.uk/f...?do=form&fid=4 BTW you won't have a credit agreement with PRA. It's the agreement with the original creditor that's needed.

3. As they've said they won't contact you again until they've got the rest of the documentation there's no need to send them anything at the moment.

In the meantime it would be useful if you could set out the details for this as shown below:

Type of account (credit card/loan)
Date commenced (ideally before Apr 2007)
Approx balance
Date last paid (approximate date you last made a FULL payment)
Are you on arrangement or not paying
Status (default/in arrears/up-to-date)
Account owner (who is writing to you, a DCA or the lender)

[PlanB]

Re: PRA Group / Varde Experto / MBNA - advice please

I then got a letter from PRA Group on 24/06/16 saying my account has now been transferred to the Investigations and Litigation Department and this is now a letter before claim as required by the Practice Direction on Pre-Action Protocols to give me notice of PRA Group's intention to issue court proceedings against me etc.

Not realising that it was not Varde Experto who owned the debt anymore (because I'd failed to read the previous letter properly), on 1 July I sent a CCA request letter addressed to Varde Experto c/o PRA Group with a £1 postal order made out to Varde Experto.
I received a reply back from PRA Group dated 06/07/16 acknowledging receipt of my correspondence and saying they have requested the required information. They also returned the £1 payment as they do not require it to action my request.

Then on 07/07/16 I sent PRA Group a Letter Before Action letter, telling them that I intend to defend any claim and requested key documents; credit agreement, deed of assignment, notice of assignment, default notice, termination notice, statement of account.

I have now received from them a letter dated 28/07/16 enclosing documentation received to date and are awaiting further documentation to complete my request.

PRA may have returned your postal order because it was made payable to Varde and not to them.

From what you say your s.78 CCA Request letter was not 'addressed' to PRA (albeit posted to their office) so you could be in some difficulty arguing their (PRA's) non-compliance in court if things get that far. As far as PRA are concerned they have not been sent a s.78 CCA Request.

You won't be able to argue that Varde did not comply with your s.78 CCA Request because you didn't send it to them (you posted it to PRA) and therefore they (Varde) didn't receive it in order to comply with it (if you follow me).

The letter PRA sent you on 28th July appears to have been in reply to your LBA response letter (to their LBA) which would have requested the agreement as well as other documents. (Was it the AAD LBA response template letter?)

They've said they won't do anything else until they send you more paperwork so let's hope they keep their word.

Depending on what you hear next, you may still need to send a s.78 CCA Request with the £1 statutory fee made payable to PRA in order to be safe. Wait and see what transpires first.

If your last payment was in 2010 (what date?) then you are close to SB or this debt may even be SB already if your default was also over six years ago. You say the account is no longer showing on the CRA files which could be because the whole file is removed on the sixth anniversary of the date the default was registered which can sometimes be before a last payment if there was a DMP/ATP involved.

Plan B x

[Roger]

Re: LarimarBlue's UE Diary

This Case seems to be in two places
Re: PRA Group / Varde Experto / MBNA - advice please
There is important advice on that other thread!

5th August 2016, 14:28

#8

[nanna58]

Re: LarimarBlue's UE Diary

All the best with this x

[PlanB]

Re: LarimarBlue's UE Diary

I posted this on your other thread (where you also said your last payment was in 2010)

PRA may have returned your postal order because it was made payable to Varde and not to them.

From what you say your s.78 CCA Request letter was not 'addressed' to PRA (albeit posted to their office) so you could be in some difficulty arguing their (PRA's) non-compliance in court if things get that far. As far as PRA are concerned they have not been sent a s.78 CCA Request.

You won't be able to argue that Varde did not comply with your s.78 CCA Request because you didn't send it to them (you posted it to PRA) and therefore they (Varde) didn't receive it in order to comply with it (if you follow me).

The letter PRA sent you on 28th July appears to have been in reply to your LBA response letter (to their LBA) which would have requested the agreement as well as other documents. (Was it the AAD LBA response template letter?)

They've said they won't do anything else until they send you more paperwork so let's hope they keep their word.

Depending on what you hear next, you may still need to send a s.78 CCA Request with the £1 statutory fee made payable to PRA in order to be safe. Wait and see what transpires first.

If your last payment was in 2010 (what date?) then you are close to SB or this debt may even be SB already if your default was also over six years ago. You say the account is no longer showing on the CRA files which could be because the whole file is removed on the sixth anniversary of the date the default was registered which can sometimes be before a last payment if there was a DMP/ATP involved.

Plan B x

[PlanB]

Re: LarimarBlue's UE Diary

Has anything happened since your last post?

Plan B x

[LarimarBlue]

Re: LarimarBlue's UE Diary

Hi Roger - yes I was advised on that thread to move the thread here instead. I could not find an option to close the other one, any advise on that? I'll be posting updates here.

This Case seems to be in two places
Re: PRA Group / Varde Experto / MBNA - advice please
There is important advice on that other thread!

5th August 2016, 14:28

#8