CCA issue with PRA

[Radar_UK]

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.

[Amethyst]

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 ?

[Radar_UK]

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.

[Amethyst]

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 ).

[Radar_UK]

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.

[Amethyst]

How much is outstanding (approx) ? and did you cease the DMP before it was assigned to PRA ?

[Radar_UK]

£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.

[Radar_UK]

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...

[Amethyst]

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.

[Radar_UK]

They finally sent me something new...

It all went quiet but i’ve now just received another letter from them, stating they’ve been investigating and can now provide the documentation to satisfy the CCA request, so they deem this enforcable now.

They’ve sent me the same terrible photocopy, and this time they’ve added in varied and historic terms and conditions, pre purchase payment history from Barclaycard, and a financial statement from PRA Group.

They go on to say:-

“To be clear, as the agreement was not issued by PRA group UK initially, and errors or omissions, deliberate or otherwise, are not the responsibility of PRA group UK. That being, as we are now the legal owners of the account, any decision to proceed with litigation action would be assessed by a litigation and investigation department prior to any action being taken.”

“There is no intent to litigate on this account at this current time, however, PRA group UK do consider the account to be in enforcible as we can provide an agreement which shows the terms and conditions that were agreed to at the time of you agreeing to receive these funds. Any areas where the agreement is lacking would need to be defended in court, If the decision is made to litigate.”

[MIKE770]

they may have a problem which they recognise PRA usually go straight to litigation

[Radar_UK]

I was think I would offer them full and final of £400 on the £1600 this week, to draw a line under it all and move on. The debt has fallen off my credit file and this is all that remains to be sorted now.

[MIKE770]

that would encourage to to say no and want it all? learn from other threads on forums

[Radar_UK]

I’m really stuck on this. All of my debts have been paid off via a DMP except this one, and all of them are now off my credit reports, as it’s after 6 years from first defaults. I finally have a really good credit reference again!

PRA first said the debt was unenforceable, sending me through a bad photocopy. Then they said it was enforceable and spent 6 months constantly telling me that, sending me the same bad photocopy as proof. They went quiet for a bit, and have now come back with the same bad photocopy and included a reconstituted credit agreement from the time I would have taken the credit card (2001) and say this time they think it’s enforceable.


“To be clear, as the agreement was not issued by PRA group UK initially, and errors or omissions, deliberate or otherwise, are not the responsibility of PRA group UK. That being, as we are now the legal owners of the account, any decision to proceed with litigation action would be assessed by a litigation and investigation department prior to any action being taken.”

“There is no intent to litigate on this account at this current time, however, PRA group UK do consider the account to be in enforcible as we can provide an agreement which shows the terms and conditions that were agreed to at the time of you agreeing to receive these funds. Any areas where the agreement is lacking over an hour would need to be defended in court, If the decision is made to litigate.”

I am wanting to buy my own house, and get a mortgage, toward the end of this year, so can’t afford to take this to court and lose. For this reason, I think trying to settle the debt is my best course of action,but the above seems to suggest otherwise?

[Radar_UK]

Reply back on offer to settle, they turned it down and asked for 95% of total.