Statute barred or not?

[Misbegotten22]

Hi

I would be grateful for any assistance,

I cannot remember the exact dates but it was over 6 years ago when I took out a loan with Welcome Financial Services Ltd for a car loan in the sum of circa £7k plus.
I paid most of this bar £509 I think it could have been from when I lost my job and was out of work for a short period of time. I forgot about this untill approx 1 year ago when I contacted welcome from the details I had on the original credit agreement to agree a repayment plan for this amount. Shortly after I was made redundant and have only recently found full time work. I have received two letters (one today and one last week) from PRA group chasing this debt and offering me an option to pay the reduced amount of £300 - failing which they will review my account and either pass the account to field agent for home visit or letting their solicitors deal with it.

Should I pay the reduced amount I don't think I am statute barred as I made contact last year - however I have paid over 75% .

Many thanks for any help.

[FlamingParrot]

Re: Statute barred or not?

Hi

I would be grateful for any assistance,

I cannot remember the exact dates but it was over 6 years ago when I took out a loan with Welcome Financial Services Ltd for a car loan in the sum of circa £7k plus.
I paid most of this bar £509 I think it could have been from when I lost my job and was out of work for a short period of time. I forgot about this untill approx 1 year ago when I contacted welcome from the details I had on the original credit agreement to agree a repayment plan for this amount. Shortly after I was made redundant and have only recently found full time work. I have received two letters (one today and one last week) from PRA group chasing this debt and offering me an option to pay the reduced amount of £300 - failing which they will review my account and either pass the account to field agent for home visit or letting their solicitors deal with it.

Should I pay the reduced amount I don't think I am statute barred as I made contact last year - however I have paid over 75% .

Many thanks for any help.

Welcome aboard

For it to be SB there should have been a clear six year period without any payments or written acknowledgment. Merely being in contact and/or sending a request for a copy of your agreement shouldn't constitute acknowledgment, however, if you also sent a letter proposing a repayment plan, that would be acknowledgment, but it has to be in writing, it doesn't count if you discussed the matter over the phone.

Having said that, Welcome may not have passed every single communication on to the PRA Group and when someone sends a letter saying a debt is SBd, the onus is on the creditor to show it isn't.

If it turns out not to be SBd after all and you wish to settle, you should be very careful with those guys. PRA Group were formerly known as Aktiv Kapital, who many years ago sent me one of their 'generous' discount letters offering to write off the remainder of the debt if I paid the agreed amount. It was a small debt and I couldn't be bothered with it so I did what no-one should do, :nono: I picked up the phone and made a debit card payment. BIG MISTAKE! Over the past six years or so I've been receiving regular letters from AK and now PRA asking for the balance they were allegedly going to write off! :mad2: :mad2: :mad2:

http://www.legalbeagles.info/forums/...r-settlement-(

[Misbegotten22]

Re: Statute barred or not?

Thanks for your reply

I did not put anything in writing it was a tel call. So far I have ignored the two letters - can they legally send someone to my home for this? I cannot see it being worth their while to go down the legal route and I thought if the loan was more then 75% paid off they cannot do anything. Course this may not be the case.

[FlamingParrot]

Re: Statute barred or not?

Thanks for your reply

I did not put anything in writing it was a tel call.

Acknowledgment has to be in writing so that doesn't count. :high5:

So far I have ignored the two letters - can they legally send someone to my home for this?

The vast majority of threats of home visits are just that, empty threats. It's a lot easier and cheaper for them to write letters than it is actually send someone round. In the unlikely event someone did turn up one day, there is no reason for you to speak to them. They've got no rights whatsoever.

I cannot see it being worth their while to go down the legal route and I thought if the loan was more then 75% paid off they cannot do anything. Course this may not be the case.

As long as there's an outstanding balance, a claim could be issued.

In view of the fact there was no written acknowledgment, how long ago was the last payment made into this account?

[Misbegotten22]

Re: Statute barred or not?

gosh years ago, i had forgotten all about it until last year when I was having a clear out of paperwork. I would say maybe 6 years ago maybe 5 at a push - very surprised to receive letter last week and today maybe contact last year has started this ..

[FlamingParrot]

Re: Statute barred or not?

gosh years ago, i had forgotten all about it until last year when I was having a clear out of paperwork. I would say maybe 6 years ago maybe 5 at a push - very surprised to receive letter last week and today maybe contact last year has started this ..

It does make a difference whether it was 5 or 6 years, unless you are up in Scotland where the limitation period is 5 years, in England and Wales it's 6 years.

[FlamingParrot]

Re: Statute barred or not?

Although slightly off-topic, you may want to look at this regarding PRA Goup: https://consumercreditlitigationandd...nt-such-prats/ :grin:

[nemesis45]

Re: Statute barred or not?

Hello Misbegotten,

I would suggest writing to Portfolio Recovery Associates ( to give them their full name ) asking them
for proof of the debt ( is the letter you received just introducing PRA and stating that it has bought the debt from Welcome)

You can stop " the doorstep collectors" threat straight away ( this group do use collectors) with something along the lines of:

The PRA Group:


date.

Ref: Us theirs from the letter.

Sir / Madam,

I am in receipt of a letter from PRA Ltd; Dated....................: in which it is alleged that I owe a debt for £..........: originating from an account with Welcome Finance.

Please note I do not acknowledge any debt to the PRA Group and require you to provide unequivocal proof of any liability arising from that account.
I also note that PRA threatens visits by a " Field Agent" please note I do not and will not discuss this matter with any agent or employee of PRA Ltd. Any such visitor will be " invited to leave my property immediately" failure to do so will result in appropriate action being taken up to but not limited to police involvement.


I enclose here with a payment of £1.00 ( use a cheque or postal order endorsed " for statutory fee only) being the statutory fee for a request for information under sections 77/78 of the Consumer Credit Act 1974 ( as amended) please supply me with a copy of the original signed agreement relating to the alleged debt.

This request should be complied with within the statutory time scale of 12 + 2 Working Days.

Yours etc.

Best to use signed for post.

nem

All

[Misbegotten22]

Re: Statute barred or not?

Thank you both so much for your help it's very much appreciated. I will send a letter along the lines nemesis suggested and yes they did say had debt from welcome both letters however threatened doorstep caller or solicitors letter if I didn't accept the reduced offer.

[jon1965]

Re: Statute barred or not?

I think Portfolio Recovery Associates , although part of the PRA group operate in the U.S http://www.portfoliorecovery.com/ whereas PRA group Uk is also part of the PRA group but act in the UK http://www.pragroup.com/Europe/uk.html

In other words PRA (UK) are not portfolio recovery associates

[Debt Camel]

Re: Statute barred or not?

Have you checked your credit records with Experian and Equifax? It sounds as though you made the correct debt payments until you stopped making any - if this is correct and the debt doesn't show on your records then it is very likely to be statute barred. A telephone call last year would not have reset the statute barred clock, you have to have acknowledged the debt in writing.

[Misbegotten22]

Re: Statute barred or not?

Hi thanks for all the help I will check my file today I don't think it's showing tbh,

Many thanks to everyone who has taken the time to reply greatly appreciated.

[Misbegotten22]

Re: Statute barred or not?

I have checked my credit file with Experian and Equifax and there is no mention of this anywhere, the loan was taken out with Welcome Finance around 10 years (I got the initial date wrong and it was for circa £12,000 not what I originally stated and I had maintained regular payments bar this small amount, due to redundancy. I did explain this at the time. I have received another threatening letter but because I was in hospital I have been unable to reply. Nemesis shall I reply using the template you posted? They are threatening doorstep callers and legal action. I am not very well at the moment but really need to sort this out because I would be mortified if they contacted me at work as well.

Many thanks

[Kati]

Re: Statute barred or not?

If they contacted you at work, you could feasibly accuse them with harassment, while 'doorstep collectors' can be sent away/ignored

I'd say you need to send them a CCA request (http://www.legalbeagles.info/forums/...y-of-Agreement) to start with xx

[Misbegotten22]

Re: Statute barred or not?

Many thanks Kati, this is similar to Nemesis' original reply. I will send this tomorrow.