Advice on pra debt company please

[Mrmoon]

Thanks for your reply, sorry I should have made it clearer, I PRA say they don’t need to come up with an agreement with a signature but just as long as name and address is on original agreement, does this mean they can make one up?

[Amethyst]

Oh, yes, well, no, it has to be the correct agreement but for compliance with s77/78 CCA 1974 it doesn't have to be a copy of the actual original.

The actual original would be required for evidential purposes, if, for example, you were disputing that you had actually ever entered into an agreement or if the recon agreement that is provided is incorrect.

[Mrmoon]

Pra have sent me a copy of a credit card statement from July 2018, am I right in thinking this isn’t the credit agreement I’ve requested? What they have sent me is a copy of a statement that I would have had through the post each month from mbna

[Amethyst]

Credit card statement wouldn't comply with the Consumer Credit Act request for a copy of the original agreement, no.

You're looking for something like this;

[Mrmoon]

Thankyou for your reply, the letter I received before they sent the statement says they have deemed the debt unenforceable until they have further documents. Is there anything I should do now or just wait

[Amethyst]

It depends on your circumstances, if you want to ( and are in a position to ) make a full and final settlement offer now is a good time to get a decent discount on the debt ( possibly a 70% discount would be possible if you can do it ). Otherwise you're basically waiting for them to obtain the documents so that they can restart chasing you for the debt... of course there's no guarantee they WILL find the agreement however it was taken out after 2007 and most likely applied for online? so it is likely to appear at some point ( and very likely within the next 4 years to take it to statute barred ).

[Mrmoon]

I’m not in a position to pay it just yet but am hoping to be able to pay in full within the next 6 to 8 months as my circumstances are about to change, hopefully I can man an offer then, obviously I’d like to pay this off. This credit card was originally a virgin money credit card that changed to mbna, I cannot remember when and how I took it out but believe it changed from virgin to mbna around 2007 so think I took the card out a few years before.