Jack89 court case

[jack89]

Re: Jack89 court case

Diana I dont have a cast iron case , I do owe the money and have been paying it back , I think I owe about £7000. The thing that worries me is this lot have just popped up , Experto seemed Happy with my payment plan.

[Diana M]

Re: Jack89 court case

Diana I dont have a cast iron case

Says who ?

I didn't say that.

You say your account went (assigned) to Varde/Experto at some stage.

Experto seemed Happy with my payment plan.

That letter you received from PRA seems not to deny the fact.

Maybe that's the reason why I'm monitoring your thread and asking all these questions.

I can't always post what my firm knows on the internet but that doesn't mean we don't know 'stuff' which we don't want to make public.

Di

[jack89]

Re: Jack89 court case

Dianna you are far more wise then me, I dont know what to do , the letter does not really give much info, I think I need to email them with some form of settlement. I do by the way appreciate other views on this .

[Diana M]

Re: Jack89 court case

the letter does not really give much info, I think I need to email them with some form of settlement. I do by the way appreciate other views on this .

You've not received a Letter Before Claim/Action have you?

The PRA letter says your debt is currently unenforceable.

Ask others for their views if that makes you feel more comfortable.

Di

[PC Pilot]

Re: Jack89 court case

Hi Jack,

I cannot offer any 'legal' experience as after all I am in very much the same (albeit more advanced) position as yourself and therefor my 'thoughts' are purely from a 'lay' perspective having considered the observations presented on this thread by others immeasurably superior in their expertise (let alone being legally qualified to fight such cases in a court!) to do so.

As I see it, you are very concerned (dare I suggest intimidated!) by the tactics of the PRA outfit in pursuing you for the full amount of this debt such that you are considering offering £1,000 simply to 'make them go away'.....

My 'observations' are simply as follows:

1. Given what you already know about this outfit and their shameful practices do you really think that they will stop there?
2. What if they don't/won't accept your speculative 'offer'....what then??
3. Not attempt to 'persuade' you to offer more?? ....especially given that their tactics would have worked if you acquiesce in this manner indicating that you have a ready source of funds available??
4. The ONLY remedy open to them is to pursue you through the courts.....and we have established from their correspondence that such an avenue is 'presently' (perhaps/likely for ever?) out of the question due to their lack of necessary 'legal' papers (i.e. UNENFORCEABLE IN SAID COURT OF LAW!!)
5. In the somewhat dubious chance that this were to change, you (as I understand it) would first have to be served a 'letter before claim' (i.e. The legal precursor to a CCJ) which itself (at least in my case) gave 16 days to respond (perhaps at that point considering the merits of your proposal above) and thus AT THAT POINT seeking further guidance from the kind folk here like Diana M?
6. Your debt is now in excess of six years old and so no longer holds issue on your Credit Report having fallen off 3 years since....
7. Investigate (perhaps on here) a suitable letter which ONLY acknowledges their UNENFORCEABLE position and maybe seeks to have them desist any further contact whilst this remains so....perhaps citing stress/harassment (......the experts here may well comment whether this option might exist in your case?)

So, what to do?

Option 1 - DO NOTHING ........what can they do?
Option 2 - DO NOTHING ........maybe with some form of 'desist' order
Option 3 - Offer Payment........and 'HOPE' that that is sufficient to make them go away for ever

Maybe that is what the previous contributors to your thread were 'trying' to convey?? Anyhow for what it is worth I hope that my 'lay' observations are useful and as I said before STAY STRONG...

Best regards

PC Pilot

[jack89]

Re: Jack89 court case

Just a quick update I have so far not heard from the PRA Group since they have said they cant find any records, They said i would be passed to there collections department on the 14th March .Not sure what will happen .

[MIKE770]

Re: Jack89 court case

just see what if anything they send to you later,

[jack89]

Re: Jack89 court case

Just to keep this thread going not heard anything since , should I assume they hace gone awayway

[Diana M]

Re: Jack89 court case

Just to keep this thread going not heard anything since , should I assume they hace gone awayway

That's a tricky question to answer.

From personal experience I would say that they've only gone away until they believe they've got all their ducks in a row (reconstituted stuff) and then they'll resurface.

Di

[jack89]

Re: Jack89 court case

Thank you for the reply I wonder how more years these people will be giving me grieve

[jack89]

Re: Jack89 court case

Hi you are right just got a letter saying they will be taking court action if I do not pay them by the 22nd April. How can they do this as they have not been able to provide a copy of the Agreement and they previously said debt was unenforcable . I am getting really worried now.

[Diana M]

Re: Jack89 court case

Hi you are right just got a letter saying they will be taking court action if I do not pay them by the 22nd April. How can they do this as they have not been able to provide a copy of the Agreement and they previously said debt was unenforcable . I am getting really worried now.

They may decide to take court action but that doesn't mean they'll succeed with their claim.

By their own admission this debt is unenforceable because they can't produce a credit agreement.

By their own admission MBNA assigned the debt to Varde.

So they've got at least two legal obstacles to overcome (I can think of a few more ).

Have you been sent Annual Statements of Sums in Arrears since the account defaulted?

I've glanced back through your thread and I can't see the amount of the debt they're chasing so how much is it? That may give you a clue as to whether they'll have a go at issuing in the hope that you'll panic and pay up or they'll get a Default Judgment if you don't respond.

Try not to worry since you are currently in a strong position even if it doesn't feel like it from where you're standing.

Di

[jack89]

Re: Jack89 court case

Hi thank you for the reponse theamount is quite large at £7800.

[jack89]

Re: Jack89 court case

In the letter I received they also said they the creditor by assignmement in writing dated 06/11/2014 assigned the debt to PRA Group , strange as this is a lie, any views please

[Diana M]

Re: Jack89 court case

In the letter I received they also said they the creditor by assignmement in writing dated 06/11/2014 assigned the debt to PRA Group , strange as this is a lie

What makes you think that's a lie?

Do you mean you never received any Notice of Assignment or do you mean the assignment never took place?

Di