PRA Group Letter before claim HSBC

[DebtWorrier]

Hi everyone,

Please could someone give me some advice? I have received a letter before claim and have read about someone with similar letters on here. However, I'm unsure what letter to send as the debt relates to a bank account I had with First Direct with an overdraft and a loan. They have grouped the debt together and are saying the overdraft terms was that the balance is repayable on demand. Basically, First Direct (HSBC) added so many charges to my current account I ended up not being able to pay anything and I had to open a new bank account to have my wages paid into at the time. This was back in 2005/6 and I was suffering from depression and going through a split with my ex who had got us in a right mess with money. I can't remember the full details of how everything happened as it was so long ago. I no longer have the paper work from any of this but I was trying to repay small amounts up until 4/5 years ago when I had money problems again though loss of job. They say I owe them £10700, but that I owe the bank £13300. Please can someone help as I really don't know what to do?

Thank you

[warwick65]

Re: PRA Group Letter before claim HSBC

Hi
Well if there is a credit card in there you need to send off a cca request to PRA as soon as poss. There is also a response to a letter before action that I will try to dig out when I am on my laptop

I am confused as to how you could owe the bank 13300 but them 10700, are they offering you a discouunt if you pay ?

As the debt is for over 10K I would suggest you think about legal advice - purely because as a larger claim you may be able to get a no win no fee solicitor

I have just found a thread with a response to PRA by another poster
http://legalbeagles.info/forums/show...Claim-Received

Here is another thread where PRA got a good thumping
http://legalbeagles.info/forums/show...ANA-MAYHEW-WIN

[DebtWorrier]

Re: PRA Group Letter before claim HSBC

[MENTION=98117]warwick65[/MENTION] thank you for your reply. I can't remember if I had a credit card with them, I know I had an overdraft which I think was £1000 and a bank loan which I can't remember the amount of. I think the 'amount owed to the bank' is the higher amount, as I made payments to Aktiv Kapitol and then all the letters changed to PRA, so I'm assuming the lower amount is taking these payments into account. The letter says the agreement was from 2001, I just have no paperwork for anything. I had to move house very quickly due to the split and lots of paperwork has gone missing over the years. They sent a letter to my new address around 18 months ago asking me to confirm if I'd ever lived at my previous addresses (I didn't reply). I've received two statements, and offer of a 10% payment at Christmas which I ignored, and then this. My Mum is currently receiving treatment for cancer and this is just so overwhelming I don't know what to do.

[warwick65]

Re: PRA Group Letter before claim HSBC

Hi DebtWorrier

It is the law of the sod that says these things always happen at the most inopportune times and I am sure you can really do without this.
The good thing, at the moment is that you have not received a claim (but it would be remiss of me to say it may not happen)

This is what I would do based on what you have said ( It is a mix of an overdraft and probably loan
1) Send the following to PRA

Re:−Reference Number ( Yes whatever reference number(s) appear on the letter)
This letter is a formal request pursuant to s.77-79 of the consumer credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s78(6),S77(4) and S79(3) will apply

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
I enclose a cheque No xxxxxx ( or postal order ) in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I look forward to hearing from you.

Yours faithfully

2)
Send this to the solicitors

Dear Sirs
Ref: xxxxxx
Thank you for your letter dated xx/xx/xxAs the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”

Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original Agreement;
2.The Default Notice;
3.The Notice of Assignment
4.The Deed of assignment
5.Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

In addition a S77-79 request has been sent to your client and I am awaiting response.
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

Before you send them make sure you read them and understand what you are sending, the bits I have highlighted in red need your input and the correct details putting in ( change back to black)

I know for a fact that PRA have had some major problems , the second link that I posted , PRA v. Diana Mayhew is a good example. If you read the thread you will see that Diana Mayhew is a member of this site

Should a claim arrive , we will help you all we can but I would strongly recommend you at least talk to a solicitor who may be able to help, LB compare provides details of firms and the two posts I linked to also have posts by people who work in the field.

I hope your Mum is coping with her treatment, I am personally aware of how taxing it can be when a family member receives a diagnosis.

I think the two letters i have posted above should buy you some time at least , please send them by Royal mail signed for

This is what I do but I am a bit OCD
Write the letter and sign it ( the CCA request can be 'digitally signed' i.e type your name in a fancy font)
I then copy them and when I get the receipt from the post office I staple that to my copy of the letter. When the track and trace shows a delivery I print that off and add it to the file.

Sad as it is, I also have a folder in google drive where I scan and keep everything , I number them in date order so i can easily find what I need.

When I received a claim and instructed a solicitor I just sent them a link to the drive folder so they could access every letter i have received and sent to the claimant ( who aren't PRA by the way)

I will stop rambling and let you digest the info.

Any questions just ask, you can tag someone by putting @ and their user name @warwick65 @Diana M @charitynjw

See- easy

[charitynjw]

Re: PRA Group Letter before claim HSBC

As well as following [MENTION=98117]warwick65[/MENTION]'s above wise suggestions, if it were me I'd also SAR HSBC.
http://legalbeagles.info/forums/show...quest-template

[DebtWorrier]

Re: PRA Group Letter before claim HSBC

@warwick65 thank you so much for taking the time to reply in such detail. I will get those letters off on Tuesday and I will take your advice to contact @Diana M
Thank you also @charitynjw I will post a SAR and see what I get back.

I really do appreciate your help so much, this week has been so difficult and then this arrives on the doorstep. Thank you again.

[warwick65]

Re: PRA Group Letter before claim HSBC

As well as following @warwick65's above wise suggestions, if it were me I'd also SAR HSBC.
http://legalbeagles.info/forums/show...quest-template

Absolutely agree

Sorry I missed it.

First time I have been called wise :-)

[DebtWorrier]

Re: PRA Group Letter before claim HSBC

I have attached the letter I received on Saturday now I have manged to work out how to do it!

[charitynjw]

Re: PRA Group Letter before claim HSBC

Ok, that's good of them.

Now you have a name, you can head [MENTION=98117]warwick65[/MENTION]'s 2nd letter 'For the attention of Mr p̶o̶m̶p̶o̶u̶s̶ ̶w̶i̶n̶d̶b̶a̶g̶ Gida'.

[jack89]

Re: PRA Group Letter before claim HSBC

This is veru intresting I had a very simular letter from them after I had requested a copy of my Credit agreement, which they said they did not have, The first letter said until they could get the agreement nothing would happen, your letter like mine said they will be referring me to ADR on the 22/04/2017, I wrote back to them saying I was shocked that they had sent me such a letter and expect a full apology for there actions or I would go to the FCA. I dont trust these guys but so far have heard no more. I really dont understand how this Company can be allowed to trade. They certainly break every rule of Treating Cusotmers Fairly.

[DebtWorrier]

Re: PRA Group Letter before claim HSBC

[MENTION=5553]charitynjw[/MENTION] [MENTION=98117]warwick65[/MENTION] in regards to the SAR, do I give them the address I would have been living at when I took out the bank account, and the address I think I was at when they defaulted me? (I moved 3 times during having this account but can't remember the house number of the 2nd move as I was only there 6 months.) Also do I send it to HSBC head office address? Thanks in advance

[warwick65]

Re: PRA Group Letter before claim HSBC

This is from the ICO website https://ico.org.uk/ESDWebPages/Entry/Z5734875

But from the HSBC website

If you require information we hold about you, please write to us on the address below, providing the relevant account details, the information you require and the £10 fee which we are legally entitled to charge to administer a request.

HSBC, PPI Complaints
PO Box 6177
Coventry
CV3 9HP

I would include in the SAR letter a list of addresses you have lived at and any names you have been known as, for example some of my cards are in my shortened named and some in my "sunday' name e.g Jo or Joseph , Jack or John , Jon and Jonathan

Some SAR templates say to give an account number as a starting point

[DebtWorrier]

Re: PRA Group Letter before claim HSBC

I have sent all 3 letters today to be received tomorrow by special delivery. Thanks again for your invaluable help [MENTION=98117]warwick65[/MENTION] and [MENTION=5553]charitynjw[/MENTION] I will update when I receive a response.

[DebtWorrier]

Re: PRA Group Letter before claim HSBC

Hi [MENTION=98117]warwick65[/MENTION] [MENTION=5553]charitynjw[/MENTION] I have received an email from PRA Group sent to my old email address which I luckily had set to forward all emails to my new one. They have a sent what looks like a list of transactions from 2005 to April 2007 in a password protected PDF document. It's just a list of payments with the account number on, like a computer print out.

The email just says "Please find attached a transaction log as requested." Is this normal?

[warwick65]

Re: PRA Group Letter before claim HSBC

Hi
Odd that it is a list of payments from 2005-2007 , what possible use could it be to them.

I would currently just maybe print off the email and the pdf file and also save it to your computer

Amy more news on the CCA request or your request for documents to the solicitor?