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PRA Group Letter Before Claim

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  • #16
    Originally posted by Stompin View Post
    Hi Again,

    I have received a claim form for my debt of £4793.79 from PRA stating I owed this to Barclaycard entering into an agreement on the 20/01/2005 but BC bought Egg the original credit agreement was with. They sent this letter on the 19th December so I have only just returned home yesterday to see this.

    The debt was sold on and I have been making regular payments of £14.56 monthly but they say I broke the agreement in August 2015 with missed payments, this maybe because the debt was assigned to them and I never changed the bank details but the payments never stopped!

    What is my best course of action considering I only limited time to apply ?

    Thanks
    If you have proof of the agreement, and when i say proof i mean written proof from the previous creditor then you should be ok, as the PRA group may have a problem pursuing the Claim. There may be a promissory estoppel here although i cannot tell with the limited info provided , if you google promissory estoppel it should give you a better understanding of the point.

    Equally, if there is a written variation of the agreement per s82 CCA you may have an absolute Defence if they are saying you breached your contract, especially if you kept uup payments after the assignment, as PRA group as assignees would or at least should have all the payments forwarded to them by the original creditor
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #17
      Thanks for the rely PT,

      I have checked as far back as I can go with online banking and I have not missed a payment, but did I keep the written agreement probably not and I was supposed to reply within 14 days to this letter and to the courts within 28 days.

      Do I just admit the debt and ask for another payment plan?

      Comment

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