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CCA issue with PRA

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  • CCA issue with PRA

    After a CCA request earlier in the year I received a letter from PRA in March where they said this is what we currently have, we are awaiting further documents, we have currently deemed this debt unenforceable, and subsequently I stopped payments.

    (see linked image)

    Everything was quiet and then I got a few letters, and even more phone calls, starting a couple of weeks back. I explained in the first few calls that as they still hadn’t fullfilled my CCA request, and the debt was currently unenforceable, I wouldn’t be paying anything. They said that even tho the debt is unenforceable they are entitled to chase it up.

    After a few of these daily calls, I then got a call and was told they had found the paperwork they needed so the debt was now enforceable. I asked them to send this to me and I would then arrange to make payments. What they sent me was the same bad photocopy linked, and nothing extra, along with a letter saying:-

    Thank you for your recent contact regarding the above account.

    Please finding closed the credit agreement as requested on your most recent phone call.

    We can confirm the account is on hold until 3rd October 2018 to allow time for a response. If after this date we have not had any contact from you, the account will reopen for further contact in the form of calls and letters.

    4th October I got a phone call, as expected. They requested payment of the debt, so I explained that all they’d done was send me the same thing they sent in March, when they deemed the debt unenforceable. I was put on hold for 5 minutes and then told they’d found the credit agreement, and sent it me, so this debt is now enforceable, they couldn’t seem to comprehend that they’d found nothing new, they’d just re-sent me what they deemed unenforceable in March.

    They insist they have complied with my CCA request and this debt is now enforceable based on the photocopy linked. I have asked them to send me a letter confirming that they deem this debt enforceable and i’ll take advice.

    Can anyone please take a look and advise? I have blacked out my name/address/bank account details only.
    Tags: None

  • #2
    That's the only page they have sent ? It is a bit tricky to read but it doesn't look like an agreement ( anything saying it's a regulated agreement on it ? ) nor have all the prescribed terms at all.

    When was the account opened ?
    When did the account default ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    • #3
      Yes, all they sent me both times is this bad photocopy and nothing else.
      I can see nothing saying regulated agreement.

      The account was opened in 2001
      The account defaulted in 2012 and no longer shows on my credit report.

      Comment


      • #4
        So they're on the cusp of it being statute barred which will be why they're ramping up the pressure. Any payments etc since default?

        If they do try court action you should be okay to defend, stat barred and unenforcability, however, of course it's better not to get to that stage. When/if they write to you it's likely going to be a good idea to respond in writing ( and stop talking to them on the phone ).
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        FORUM: How to upload PICTURES and DOCUMENTS
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        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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        • #5
          I made regular payments via a debt management plan so it’s sadly not nearing statute barred.

          I only stopped paying as all my other debts are paid up and this is the only one remaining, and they were unable to provide anything enforceable for my CCA request back in March.

          I had originally intended to offer a full and final offer, but when they said the debt was unenforceable I was advised to stop paying and do nothing.

          It’s been quiet for months, all of a sudden they’ve started with constant phone calls and letter statements etc.

          Comment


          • #6
            How much is outstanding (approx) ? and did you cease the DMP before it was assigned to PRA ?
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            FORUM: How to upload PICTURES and DOCUMENTS
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            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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            • #7
              £1680.84 outstanding

              When I started on the DMP it was still owned by Barclays, at some point a couple of years ago it was sold to PRA and Stepchange started paying them instead.

              Comment


              • #8
                Had a quiet week, waiting for the letter from them confirming they deem the account enforceable, and then this letter showed up.

                I didn’t speak to them on the 8th, to raise any query or dispute...

                Comment


                • #9
                  How strange, and you haven't replied to them since
                  4th October I got a phone call, as expected. They requested payment of the debt, so I explained that all they’d done was send me the same thing they sent in March, when they deemed the debt unenforceable. I was put on hold for 5 minutes and then told they’d found the credit agreement, and sent it me, so this debt is now enforceable, they couldn’t seem to comprehend that they’d found nothing new, they’d just re-sent me what they deemed unenforceable in March.
                  at all ?

                  They want to make their minds up.
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  FORUM: How to upload PICTURES and DOCUMENTS
                  FORUM: How to find your Posts & Threads
                  FORUM: How to Change your Avatar

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment

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