*** CLAIM DISMISSED *** Pra Group Letter Before Claim Received

[Diana M]

Re: Pra Group Letter Before Claim Received

Can anyone help me on what to do next? Really would appreciate any advice!

My advice is the same as Charity's advice. Do nothing.

They have not complied with your CCA request.

Happy Days until they do (if ever).

Di

(memo to Charity: no cats were skinned during the making of this post )

[charitynjw]

Re: Pra Group Letter Before Claim Received

My advice is the same as Charity's advice. Do nothing.

They have not complied with your CCA request.

Happy Days until they do (if ever).

Di

(memo to Charity: no cats were skinned during the making of this post )

Good afternoon, Di.

Let's hope a certain debt purchase firm was stuffed, though! :lol:

[Minnie1516]

Re: Pra Group Letter Before Claim Received

[MENTION=55034]nemesis45[/MENTION] Both of the letters were headed 'Information as requested'. What do you make of this?

Thank you for your advice [MENTION=87380]Diana M[/MENTION] and [MENTION=5553]charitynjw[/MENTION]. I really was so worried when I received these letters.

[nemesis45]

Re: Pra Group Letter Before Claim Received

@nemesis45 Both of the letters were headed 'Information as requested'. What do you make of this?

Thank you for your advice @Diana M and @charitynjw. I really was so worried when I received these letters.

The PRA group are rather amateurish on many aspects of their business sometimes they seem to actually believe the rubbish they send out.

I think also if there is any possibility of stopping in their tracks because their incompetence it should be jumped on quickly.

nem

[Minnie1516]

Re: Pra Group Letter Before Claim Received

It's brilliant to be able to get expert advice with dealing with this.

Would you also advise not to respond to these letters?

[Amethyst]

Re: Pra Group Letter Before Claim Received

Morning,

Presumably this was an online application in 2005 however they do still need to comply with your CCA request and provide the credit agreement that you signed ( electronically) including the terms of the agreement at the time you signed it and as varied. They seem to have indicated in their letter that they are awaiting this from the original creditor. That raw data page doesn't cut it at all.

Do you actually recall anything about how you applied for the card ? Was it online? Do you recall reviewing any terms ?

You are still awaiting, as far as I can see, the notice of assignment, default notice and the credit agreement - they still need to provide those so any response to this letter, to make a nice neat papertrail to evidence you engaged with the 'claimant' ( should it go to court eventually), would simply be an acknowledgement of receipt and that you look forward to receiving the CCA, DN and NOA as requested in your formal requests under CPR 31.15 and the Consumer Credit Act s. 77-79, in order for you to assess your position. Note that they must provide the agreement under the CCA to enforce the agreement at all. You still do not acknowledge any debt is owed and their failure to provide the information will be brought to the attention of the court in defence of any proceedings should they proceed with court action.

So I'd potentially write that to them if simply to keep up the paper trail to assist later with defending the claim if need be. What do the others think?

xxx

[nemesis45]

Re: Pra Group Letter Before Claim Received

It's brilliant to be able to get expert advice with dealing with this.

Would you also advise not to respond to these letters?

My thought would be a short letter thanking them for their responses to your requests for information, and you are sure that they must be aware the documents are not complaint with the CCA 1974.

Inaction when dealing with PRA may lead to a claim being issued very quickly.
nem

[Minnie1516]

Re: Pra Group Letter Before Claim Received

[MENTION=6]Amethyst[/MENTION] I really can't remember how I applied for the card, it may have possibly been online but couldn't say for sure. As for terms, I don't remember seeing anything, sorry, I really wish my memory was better. How does this affect my position?

[MENTION=55034]nemesis45[/MENTION] Thank you for your advice. If you believe a short letter is the best course of action, I'll draft one tonight to send tomorrow.

[Minnie1516]

Re: Pra Group Letter Before Claim Received

Would something like this be ok?

RECEIPT OF DOCUMENTS

I am writing to acknowledge receipt of a raw data sheet and credit card statements.

However, as I am sure you are aware, these documents are not compliant with the CCA 1974 request.

I await a CCA, Default Notice and Notice of Assignment as requested in in my formal requests under CPR 31.15 and the Consumer Credit Act s.77-79, in order for me to assess my position.You must provide the agreement under the CCA to enforce the agreement at all.

I do not acknowledge any debt is owed and your failure to provide this information will be brought to the attention of the court in defence o any proceedings, should you proceed with court action.

Yours sincerely...

[Diana M]

Re: Pra Group Letter Before Claim Received

Minnie, my personal (ie not professional) view of this situation is are you overthinking things?

From what you say you've sent a valid CCA request to PRA. They have not complied with your request. If that's true then until they do comply they cannot enforce this debt in court.

I completely understand your wish to shoo them away with letters which may prevent a court claim being issued, I'm also aware that PRA have a reputation of a 'shoot first and ask questions later' approach when it comes to issuing claims. Your letter may fall on deaf ears.

So if you decide to send them a letter please make sure you get the wording right in case it does you more harm than good in the long run.

If your goal is to file a Defence (should proceedings be issued) saying they are in default of your CCA request, why give them time to remedy that situation?

Di

[Minnie1516]

Re: Pra Group Letter Before Claim Received

[MENTION=87380]Diana M[/MENTION] Thank you for your advice. My goal, maybe naively, is to not have to go court. I have no knowledge at all of the court process, the more I read, the more confused I seem to get 😔

If PRA do make a court claim, without a compliant CCA and I defend this in writing, if they then do comply to the CCA, would I have to go to court or could an agreement be made out of court?

Sorry for all the questions, just feeling very overwhelmed with this.

[charitynjw]

Re: Pra Group Letter Before Claim Received

For info; this is still at letter before claim status.

Hi Minnie

As things stand, you have requested info via CPR31.16 & CCA s78. They have not as yet complied.
If it were me, I would not do anything which may acknowledge the alleged debt; for now it is up to them to legally prove it.
I wouldn't do their job for them.

[MIKE770]

Re: Pra Group Letter Before Claim Received

do not feed them ammunition- they know the law, they provide enforceable documents or fail completely and run.

[Diana M]

Re: Pra Group Letter Before Claim Received

If PRA do make a court claim, without a compliant CCA and I defend this in writing, if they then do comply to the CCA, would I have to go to court or could an agreement be made out of court?

Sorry for all the questions, just feeling very overwhelmed with this.

Of course you're feeling overwhelmed, as I would be in a foreign country where I don't speak the language.

How much is the balance outstanding on the account because that helps to gauge what may lie ahead?

If it's less than £10k you ought to be offered free telephone Mediation by the court where a skilled mediator will attempt to come to a mutually acceptable deal. This will be legally binding but you won't get a CCJ if you stick to the agreed terms.

Or if both sides want to agree a settlement then that can be embodied in a Tomlin Order which is legally binding but not a CCJ.

You said apologetically in post # 53 that you couldn't remember seeing any Terms & Conditions when you opened the account. Could that be because you were never sent any

As for terms, I don't remember seeing anything, sorry, I really wish my memory was better. How does this affect my position?

Di

[Minnie1516]

Re: Pra Group Letter Before Claim Received

Thanks everyone for your advice.

[MENTION=87380]Diana M[/MENTION] PRA claim that the balance is under £10000. I've been racking my brains trying to think if I could remember seeing any terms and I really can't.