PRA Group / Pounds to Pocket

[Frosties]

Hi there

I've come here for some tips and advice on how to deal with the wonderful PRA Group.

They sent me a letter in September stating that I had an outstanding debt to a loan company called Pounds to Pocket. Now apparently I owed said company £519.86. PRA Group being the generous people that they are were offering me a settlement option of just £363.90. (30% discount!)

I sent PRA Group a letter requesting:

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained with s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in this agreement.

They sent a letter back stating that:

"With respect to your request to be provided with a certified copy of the deed of assignment and deed of novation as these documents include sensitive commercial information in relation to our business we are not obliged to provide you with this information."

Attached with the letter was a 14 page print out headed Loan Contract with T's&C's titled Fixed-Sum Loan Agreement for a company called CashEuroNet UK LLC with my name and address typed next to it. stating that the payment was due on 23 December 2010.

They also said they were requesting further documents and the the account was on hold until further notice.

Exactly one week later they sent another letter with a print out of a statement. It had pounds to pocket logo at the top the statement said that £400 was due on 09/12/2010.

The letter said get back to us within ten days where one of our agents can come to a mutually acceptable agreement.

What do you think I should I say to them next?

[charitynjw]

Re: PRA Group / Pounds to Pocket

Hi Frosties & welcome to LB.

I would hazard a guess that novation is not applicable.
Was this letter obtained via GOODF or similar FMOTL sites?
Did your CPR letter mention CPR 31.14?
Did you invite them to a 28 day extention?
The CCA s78 request seems ok, though.
Regarding their comment about 'account on hold', this will not influence the court deadline for your defence.
If they haven't complied fully with your CCA request by then, imho a 'no documents' defence (ie http://legalbeagles.info/forums/show...t-Court-Claims )
should be submitted to court just before the deadline.

Btw, regardless of whatever PRA may state, it is for the court to decide what is privileged info (commercially sensitive), not PRA.

[Frosties]

Re: PRA Group / Pounds to Pocket

Hi Charity, thank you for the quick response!!

Hi Frosties & welcome to LB.

I would hazard a guess that novation is not applicable.
Was this letter obtained via GOODF or similar FMOTL sites?
Did your CPR letter mention CPR 31.14?
Did you invite them to a 28 day extention?
The CCA s78 request seems ok, though.
Regarding their comment about 'account on hold', this will not influence the court deadline for your defence.
If they haven't complied fully with your CCA request by then, imho a 'no documents' defence (ie http://legalbeagles.info/forums/show...t-Court-Claims )
should be submitted to court just before the deadline.

Just to clarify, they haven't actually taken this through to the court yet, I just assumed that they were about to which is why I sent the letters. Maybe I did the wrong thing? I've attached a copy of the letter so you can see what I asked for. I cant remember where I found the letter template tbh It was a similar site to this one.

When they said my account is on hold I think they meant they would stop harassing me for a while...

[charitynjw]

Re: PRA Group / Pounds to Pocket

Hi Charity, thank you for the quick response!!



Just to clarify, they haven't actually taken this through to the court yet,
My bad!
I just assumed that they were about to which is why I sent the letters. Maybe I did the wrong thing?
Not really re the CCA request.
Letters (plural).....the CCA request, & what else?
I've attached a copy of the letter so you can see what I asked for. I cant remember where I found the letter template tbh It was a similar site to this one.

When they said my account is on hold I think they meant they would stop harassing me for a while...
While they are non-compliant re the CCA request, they cannot enforce the agreement.
They can, however, use other methods to chase the alleged debt.

####

[nemesis45]

Re: PRA Group / Pounds to Pocket

For some reason that attachment won't open
Here's my thoughts to add to [MENTION=5553]charitynjw[/MENTION] post.
1, Did you send the £1 fee with the CCA request.

2. A CCA request allows only for a " Current " statement of the account Not an historic one.

3. The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and debt purchaser and will not be disclosed, you will have received a Notice of Assignment from the creditor and/or the debt purchaser. ( even if the deed was disclosed it would be redacted in the extreme.)

4.It sounds as if you have received a " Reconstituted " agreement a copy made up from archived documenst

Does the alleged agreement have your name and address as it was at the time the agreement would have been signed

Do you have two distinct sets of terms and conditions.

nem

- - - Updated - - -

For some reason that attachment won't open
Here's my thoughts to add to [MENTION=5553]charitynjw[/MENTION] post.
1, Did you send the £1 fee with the CCA request.

2. A CCA request allows only for a " Current " statement of the account Not an historic one.

3. The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and debt purchaser and will not be disclosed, you will have received a Notice of Assignment from the creditor and/or the debt purchaser. ( even if the deed was disclosed it would be redacted in the extreme.)

4.It sounds as if you have received a " Reconstituted " agreement a copy made up from archived documenst

Does the alleged agreement have your name and address as it was at the time the agreement would have been signed

Do you have two distinct sets of terms and conditions.

nem

[Frosties]

Re: PRA Group / Pounds to Pocket

####

Oops sorry my typo, I meant Letter not Letters!! I've only sent them the one letter that I attached with me previous comment.

Should I respond to their letters or just ignore them until they provide me with everything in my request?

[charitynjw]

Re: PRA Group / Pounds to Pocket

Might be worth exploring
https://www.fca.org.uk/news/press-re...rm-casheuronet

[Frosties]

Re: PRA Group / Pounds to Pocket

Hello Nem thanks you for also helping out. I put my responses below in red

For some reason that attachment won't open Sorry about this I will copy and paste it underneath
Here's my thoughts to add to @charitynjw post.

1, Did you send the £1 fee with the CCA request.
Yes I did but they sent it back to me saying they didnt need it? :tinysmile_cry_t:

2. A CCA request allows only for a " Current " statement of the account Not an historic one.

3. The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and debt purchaser and will not be disclosed, you will have received a Notice of Assignment from the creditor and/or the debt purchaser. ( even if the deed was disclosed it would be redacted in the extreme.)
What would the notice of assignment look like? Would it just be a letter from PRA saying this is know our debt?

4.It sounds as if you have received a " Reconstituted " agreement a copy made up from archived documenst
Yes I think this is the case.

Does the alleged agreement have your name and address as it was at the time the agreement would have been signed
Yes they have put my name and address on there

Do you have two distinct sets of terms and conditions.
No they have only sent through one copy of the terms and conditions

nem

The letter I sent to them was as follows:

Dear Sirs,

Thank you for your letter.

I am writing to state that I do not acknowledge any debt to your company or its clients and or sub clients.

With reference to the above agreement, before I will correspond with you further on this matter, I require you to supply the following documentation:

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained with s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in this agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents this fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of the credit agreement should be supplied within 12 working days. Under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

I look forward to hearing from you soon.

Yours faithfully