PRA group CCA request

[Cobrakai1!]

Hi

I was previously on a DMP with Stepchange, however in July I managed to get down to just one outstanding debt so cancelled my DMP to manage it myself.

My remaining debt is £8449 and is with PRA group. Its for a loan with Natwest dating back to 2014 which is when I first entered into my DMP.

I sent a CCA request in May 2021 which PRA acknowledged and said they would request the information and put my account on hold in the meantime.

My debt has been managed by Lowell previously before transferring to PRA group a couple of years ago.

I stopped making payments to PRA in July when I cancelled my DMP with Stepchange. I have since still not received any CCA information despite chasing them up twice for it.

I recently sent them a settlement letter of which they turned down saying they would accept £8000 as settlement only.

They advised they had not heard back regards my CCA request and would chase Natwest further for it to confirm if the debt is unenforceable or not.

What are my next options? The debt is no longer on my credit file as it's over 6 years since I defaulted. I'm looking to resolve the debt as Im hoping to get a mortgage to buy a house.

Any advice would be much appreciated

[echat11]

Hi COBRA

Best thing to do is wait for them to comeback to you first.

Depending on what they come back with, we can then help deal with that.

[Cobrakai1!]

Hi

After raising a compliant with PRA about not getting a response to my CCA request I have received the below response from the:

As you know PRA own your former Natwest loan account and since the account defaulted in February 2015 (prior to our purchase), at which point the balance was £15,370.22, you have repaid a further £6914.61,therefore reducing the outstanding balance to £8456.11.

Our records show that we received your request for documentation under the consumer credit act 1974 on 25th May 2021.

I can confirm that this was logged on our system as requested however the team who pick up these queries failed to action the request.

I note that you chased this up with us on a few occasions however on the face of it from looking at our system our agents would have had no reason to think that the query had not been actioned.

It wasn't until later we identified that the response had not been sent until November 2021. As the error was of course ours my decision is to uphold your complaint and I am awarding £50 as compensation.

We have been unable to get a copy of your agreement. This means that the account is considered to be unenforceable which means that we cannot take legal action in regards to it.

Please note if the agreement were to become available in the future we would send this to you. This would mean the debt would become enforceable again. I cannot confirm if this will ever happen.

Although the account is no longer reporting on your credit file and although it is currently unenforceable we are still entitled to contact you to ask you to pay what you owe.

I want to work with you to resolve the account and I am happy to consider a reduced settlement to close the account. Currently the options are we can set up an affordable repayment plan or look to negotiate a reduced settlement which suits both parties.

To look into a settlement I would kindly ask you to provide me with a detailed breakdown of your circumstances. If you could complete an income and expenditure(enclosed) as this will give me a better idea of your finances.

You are under no obligation to provide any information but the more you can give me the better placed I will be to make a decision regarding what settlement we can offer or accept.

I have not responded to the letter as yet. What would you suggest in regards to responding to them?

[DE DOGS]

They are answering the question themselves. In other words, go forth and multiply. But please frame the begging letters.

[echat11]

I would send them the following, read it carefully and decide if you want to send that. Make sure you get Proof of Postage.

No response received

Dear Sirs


I wrote to you on XXXXXXXX to request a copy of my agreement under Section 77-79 of the Consumer Credit Act (CCA) 1974 and a statement of account. I enclosed the £1.00 fee and the letter was delivered and signed for on XXXXXXXXX.

On XXXXXXXX PRA confirmed that the debt is 'unenforceable' until such time that the information requested is sent to me.

I decline the £50 compensation as several requests were made to PRA, there has been no satisfactory reason given until now for the failure of PRA to provide the requested information. In light of that I am minded to lodge a complaint with the FOS.

I look forward to hearing from you.

Yours faithfully