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Hi,
I have been referred to your site via Sarah from Debt Camel. I am hoping that you might be able to help me to understand if documents received in response to a CCA request from PRA Group constitute an agreement?
Just to provide some background, I am going to copy over the message history between myself and Sarah if that’s ok....
Gemma says
November 20, 2019 at 10:23 am
Hi there,
I am hoping that someone will be able to provide me with some advice on the following please….
I have a total debt amounting to £30,400.00 which is spread amongst 6 creditors. I was previously under and IVA which failed September 2015 due to a change in health and work circumstances. Consequently, the last payment made to my creditors was in October 2015 and no payments have been made since this date.
I have not received any communication from any of my creditors chasing the debts apart from one debt which was transferred from MBNA to PRA Group for a credit card debt. PRA Group have remained in contact since buying the debt but have until now been placing my account on hold every 3 months due to my financial circumstances. I have now received a letter from PRA Group advising that my account is now being referred to their investigations and litigation department to look at my outstanding debt for possible litigation recovery. I sent them a CCA request yesterday as per National Debtline advice and I am now waiting upon a response.
I would like to know how to proceed if PRA Group advise that they cannot provide me with a copy of the initial agreement please? Obviously, if they are able to supply the requested information I feel I have no alternative than to declare myself Bankrupt as I am not in a position to pay back the debt currently.
I have detailed below a list of my creditors and current status, do you think it would be possible for me to settle the accounts for 5% of the outstanding balances with the help from a family member? I would ideally like to avoid Bankruptcy if at all possible since the defaults have now disappeared from my credit report and I now have a good credit rating.
Original Creditor Last Known Creditor Date Opened Default Date Balance
MBNA Platinum Credit Card PRA Group 31-07-03 31-08-12 £3,700
Barclaycard Credit Card Watch Portfolio Management 18-10-02 17-08-13 £500
Barclaycard Credit Card Watch Portfolio Management 19-10-03 23-07-13 £8,000
Halifax Overdraft HBOS at The Insolvency Exchange 01-09-99 16-07-13 £700
Halifax Credit Card HBOS at The Insolvency Exchange 07-01-06 18-05-12 £3,500
Northern Rock Loan IVA Watch 05-06-06 30-07-13 £14,000
Many thanks in advance
Gemma
Sara (Debt Camel) says
November 20, 2019 at 10:48 am
“how to proceed if PRA Group advise that they cannot provide me with a copy of the initial agreement please”
tell them you won’t be paying them anything until they locate the CCA agreement.
without the CCA, the debt is not enforceable so they can’t take you to court or do anything apart from writing the odd letter saying “Even though your debt is currently unenforceable you still owe it so we would like you to make a payments arrangement.” You can file these letters or put them in the bin.
Obviously read all letters, don’t bin without reading!
Of those debts, the credit card debts are VERY old and all pre 2007. There is a very good chance that CCA can’t be found for any of them.
A CCA doesn’t apply for the overdraft, which is only £700, so tackle that one if it ever appears.
A CCA does apply for the NR loan – that is obviously the biggest problem if it does pop up and they can find the CCA. But if you can avoid paying anything to the others, help from a family member may stretch to 10% offer to that one?
Gemma says
August 25, 2020 at 8:32 pm
Hi Sarah,
I am following up to my previous post regarding PRA Group. I submitted the CCA request to which they returned my £1 fee aand advised that they would investigate my account. I then received a further letter from them enclosing an illegible document that had mine and my ex partners signature on advising that this is what they had found and they currently deemed the debt unenforceable but would continue to investigate. I have since received two phone calls from them chasing the debt where I have reminded them of their letter stating the debt was unenforceable. On the second call I received I was put on hold where I was then advised that they now have documents that they can provide. I have now received a letter from them advising that they enclose a copy of my statement, application and credit agreement as requested. They have further advised that my account will be put on hold for two weeks where they will then contact me again by call or letter to discuss the matter further. The letter does not state that they now deem the debt enforceable.
Enclosed with the letter are 3 statements from MBNA from 2012 which is around the time the account defaulted. There is a copy of an application form which I assume was completed online as there is no handwriting on it, apart from a signature on the top left corner of the document that is neither mine or my ex partners, I can confirm that my details on it are correct though. They have also enclosed a bad photo copy of a signature form that has mine and my ex partners signature on (most of the document is illegible though) and they have also enclosed a CCA Terms and Conditions which is just one sheet of paper, again a bad photocopy which is mostly illegible. There is a reference at the bottom right of these terms which looks like it could be F091 11/03, it’s too distorted to be exact. Could this be a reference to the date that the terms were produced? I am asking as the signature form was signed July 2003 which could possible mean that the terms do not apply? I am really unsure if what they have provided constitutes a CCA request and this now means that the debt is deemed enforceable?
Many thanks
Gemma
I have been referred to your site via Sarah from Debt Camel. I am hoping that you might be able to help me to understand if documents received in response to a CCA request from PRA Group constitute an agreement?
Just to provide some background, I am going to copy over the message history between myself and Sarah if that’s ok....
Gemma says
November 20, 2019 at 10:23 am
Hi there,
I am hoping that someone will be able to provide me with some advice on the following please….
I have a total debt amounting to £30,400.00 which is spread amongst 6 creditors. I was previously under and IVA which failed September 2015 due to a change in health and work circumstances. Consequently, the last payment made to my creditors was in October 2015 and no payments have been made since this date.
I have not received any communication from any of my creditors chasing the debts apart from one debt which was transferred from MBNA to PRA Group for a credit card debt. PRA Group have remained in contact since buying the debt but have until now been placing my account on hold every 3 months due to my financial circumstances. I have now received a letter from PRA Group advising that my account is now being referred to their investigations and litigation department to look at my outstanding debt for possible litigation recovery. I sent them a CCA request yesterday as per National Debtline advice and I am now waiting upon a response.
I would like to know how to proceed if PRA Group advise that they cannot provide me with a copy of the initial agreement please? Obviously, if they are able to supply the requested information I feel I have no alternative than to declare myself Bankrupt as I am not in a position to pay back the debt currently.
I have detailed below a list of my creditors and current status, do you think it would be possible for me to settle the accounts for 5% of the outstanding balances with the help from a family member? I would ideally like to avoid Bankruptcy if at all possible since the defaults have now disappeared from my credit report and I now have a good credit rating.
Original Creditor Last Known Creditor Date Opened Default Date Balance
MBNA Platinum Credit Card PRA Group 31-07-03 31-08-12 £3,700
Barclaycard Credit Card Watch Portfolio Management 18-10-02 17-08-13 £500
Barclaycard Credit Card Watch Portfolio Management 19-10-03 23-07-13 £8,000
Halifax Overdraft HBOS at The Insolvency Exchange 01-09-99 16-07-13 £700
Halifax Credit Card HBOS at The Insolvency Exchange 07-01-06 18-05-12 £3,500
Northern Rock Loan IVA Watch 05-06-06 30-07-13 £14,000
Many thanks in advance
Gemma
Sara (Debt Camel) says
November 20, 2019 at 10:48 am
“how to proceed if PRA Group advise that they cannot provide me with a copy of the initial agreement please”
tell them you won’t be paying them anything until they locate the CCA agreement.
without the CCA, the debt is not enforceable so they can’t take you to court or do anything apart from writing the odd letter saying “Even though your debt is currently unenforceable you still owe it so we would like you to make a payments arrangement.” You can file these letters or put them in the bin.
Obviously read all letters, don’t bin without reading!
Of those debts, the credit card debts are VERY old and all pre 2007. There is a very good chance that CCA can’t be found for any of them.
A CCA doesn’t apply for the overdraft, which is only £700, so tackle that one if it ever appears.
A CCA does apply for the NR loan – that is obviously the biggest problem if it does pop up and they can find the CCA. But if you can avoid paying anything to the others, help from a family member may stretch to 10% offer to that one?
Gemma says
August 25, 2020 at 8:32 pm
Hi Sarah,
I am following up to my previous post regarding PRA Group. I submitted the CCA request to which they returned my £1 fee aand advised that they would investigate my account. I then received a further letter from them enclosing an illegible document that had mine and my ex partners signature on advising that this is what they had found and they currently deemed the debt unenforceable but would continue to investigate. I have since received two phone calls from them chasing the debt where I have reminded them of their letter stating the debt was unenforceable. On the second call I received I was put on hold where I was then advised that they now have documents that they can provide. I have now received a letter from them advising that they enclose a copy of my statement, application and credit agreement as requested. They have further advised that my account will be put on hold for two weeks where they will then contact me again by call or letter to discuss the matter further. The letter does not state that they now deem the debt enforceable.
Enclosed with the letter are 3 statements from MBNA from 2012 which is around the time the account defaulted. There is a copy of an application form which I assume was completed online as there is no handwriting on it, apart from a signature on the top left corner of the document that is neither mine or my ex partners, I can confirm that my details on it are correct though. They have also enclosed a bad photo copy of a signature form that has mine and my ex partners signature on (most of the document is illegible though) and they have also enclosed a CCA Terms and Conditions which is just one sheet of paper, again a bad photocopy which is mostly illegible. There is a reference at the bottom right of these terms which looks like it could be F091 11/03, it’s too distorted to be exact. Could this be a reference to the date that the terms were produced? I am asking as the signature form was signed July 2003 which could possible mean that the terms do not apply? I am really unsure if what they have provided constitutes a CCA request and this now means that the debt is deemed enforceable?
Many thanks
Gemma
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