PRA Group / Halifax Pre 2007

[claritydude]

no cca yet do not want them to dig deep at present!

Ok so whats next move in your opinion?

keep paying?
Stop paying?
Challenge?
bearing in mind they sent me this in 2019

[echat11]

Ok so whats next move in your opinion?

keep paying?
Stop paying?
Challenge?
bearing in mind they sent me this in 2019

a) When they sent you the documents in 2019 and stated that the agreement was 'enforceable', they were not honest. Read everything in the link below.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

b) You could challenge them, lodge a formal complaint, follow their complaints procedure, when you get a final response / deadlock letter, if it's not resolved to your satisfaction, lodge a complaint with the FOS. Your complaint is that they have not been honest in 2019, the agreement is 'unenforceable' as per the FCA's Handbook. They should be 'upfront' and tell you that, not send you 'garbage'.

c) You could stop paying, do nothing, see what they do, if they threaten legal action. You then send them another CCA request and see what they send.

[claritydude]

Decided to challenge and lodge an official compaint:

here is what im planning on sending:



"In 2018 I requested a copy of the information you held in relation to this matter by way of a CCA request in response to a pre-action protocol form.


In response in xxxxx 2019, you sent me what you claimed was a "copy of agreement and statement of account"


You also claimed that based on the information you sent you "believe the account to be enforceable".


Having revisited this matter it is my belief that the information sent did not satisfy a CCA request and by claiming the account was enforceable based on the information sent I feel that I have been misled by PRA group and as a result of this this account is unenforceable as per the FCA handbook, in particular:

"CONC 13.1.3"

Failure to comply


"(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement. "


My complaint is that in 2019 you have misled me and not been honest in 2019 as based on what you send the agreement is 'unenforceable' as per the FCA's Handbook. PRA group should have been upfront with me at the time.


I earnestly await your response my email.





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How does that sound?

Thanks again in advance

[echat11]

I changed it to the following:

'this, I believe this account is 'unenforceable' as per the FCA handbook, in particular.'

[claritydude]

Right so finally had a FINAL response to my compaint in the post:

Main Points in letter:

1. Compaint NOT upheld:
2. Under CONC 13.1, the agreement needs to be a true copy. Doesnt need to be the exact agreement. Does not need to contain a signature.
3. We believe we have satisfied your CCA request, we deem the account to be enforceable.
4. Your account has been chosen as being potentially suitable for litigation action.
5. If not happy off you pop to the ombudsman


What's the next peay here?

Ombudsman or wait for them to make next move?

[echat11]

Right so finally had a FINAL response to my compaint in the post:

Main Points in letter:

1. Compaint NOT upheld:
2. Under CONC 13.1, the agreement needs to be a true copy. Doesnt need to be the exact agreement. Does not need to contain a signature.
3. We believe we have satisfied your CCA request, we deem the account to be enforceable.
4. Your account has been chosen as being potentially suitable for litigation action.
5. If not happy off you pop to the ombudsman


What's the next peay here?

Ombudsman or wait for them to make next move?

The Ombudsman isn't great regards 'unenforceability' matters'. I'd wait to see what they do.

[MIKE770]

Ombudsman will not enter judgment on CCA and say only a court can., that is what happened to me = the length of time ombudsman reply too late anyway as a judge will only allow about 3 months for response.

[echat11]

Ombudsman will not enter judgment on CCA and say only a court can., that is what happened to me = the length of time ombudsman reply too late anyway as a judge will only allow about 3 months for response.

I agree, see what the Creditor does.

[claritydude]

Happy to wait this one out and see what happens next, thanks?

From what I believe the agreement is unenforceabe in court, so do they have form for pushing court action without the proper documentation especially as over £10k, which I assume means fast track and also some costs can be recovered?


Also they previously issued a letter before action on this account about 6 years ago. Does that have any bearing on next steps?

[MIKE770]

their move next?> if any LBA 6 years ago? interesting!