Hello, I hope someone on this forum with more knowledge than me can help!

I have an old date with MBNA (currently £6,723.58) which was passed on to PRA Group for collection some time ago.

I'm with stepchange for other debts and all debt companies have agreed to allow me to pay £1 per month.

I asked PRA Group to provide me with original docs and they have replied that they had to request these from the original creditor

and are currently unable to provide this.

They said they would 'freeze' my account until they had a reply from MBNA and that I did not need to continue to make token payments until they had a reply.

The next letter from them said MBNA are "currently unable" to provide docs and they apologise for being unable to fulfil my request at this time.

They go on to say:

"This means that we have classified your debt as currently "unenforceable",

which means that we are unable to take court action against you to recover the outstanding balance.

This does not mean that your debt is wiped out."

and end with

"We look forward to your proposals whilst your account remains on hold."

So far so good, but

how can I get the debt wiped out,

as it is clear that they cannot enforce it legally?

Do I need to start making token payments again?

I would be glad of some advice as I feel this is a bit of a victory whilst it is on hold but not sure how to proceed.

Thank you so much for your time.

Correct., But they can still attempt to get a CCJ by default. Knowing PRA they will probably try.

This is a very good situation to be in.

Does it currently show on your CRA? If you have made a payment against it bar a SAR request fee and also a CCA Fee then you may have killed the chance of it being Statute Barred but even so, You are still in a good position.

you cant get the debt 'wiped out'

however if they've no CCA and its not on your CRA file

its not hurting you.

step change prob wont like you stopping one debt in a plan.

might be better to dump them altogether

and do the DMP yourself.

dx

Correct., But they can still attempt to get a CCJ by default. Knowing PRA they will probably try.

This is a very good situation to be in.

 

Does it currently show on your CRA? If you have made a payment against it bar a SAR request fee and also a CCA Fee then you may have killed the chance of it being Statute Barred but even so, You are still in a good position.

I think CRA means credit file

I checked and it shows as Defaulted on 30 Jun '09 with a default balance of £6,813, satisfied on 31 Jul '09

- I suppose that's when they sold it on.

It went to another DCA before PRA.

Incidentally, I did not send a SAR request fee or a CCA Fee but have made the £1 payments until january this year....

you cant get the debt 'wiped out'

 

however if they've no CCA and its not on your CRA file

 

its not hurting you.

 

step change prob wont like you stopping one debt in a plan.

might be better to dump them altogether

and do the DMP yourself.

 

dx

Actually, I'm not in a dmp with stepchange. I set up the £1 payments myself and stepchange provide me with i and e to send to the companies...

What about the entry for PRA? They usually update it to themselves But if they dont, Result.

Well if not in a DMP, STOP PAYING! You may have been cashcowed

At least you can stop it now Until they cough up the CCA then you dont pay

And as they cant, Its on Indefinite hold

I would now ignore them as they cant cough up

will be off your credit files after 30th june this year

but wouldnt be statute barred until jan 2021

when did you take out the card?

I took out the card with MBNA in 2002.

It became Varde Experto,

then Credit Experto

then it was passed to Aktiv Kapital in April 2012,

then PRA group in 6 November 2014.

I'm wondering whether I should just ignore them now

or reply with an 'account in dispute' letter and cite OFT requirements.

Ultimately I would like them to admit defeat and write it off if it were possible.

I think it must surely is on indefinite hold now as fkofilee noted.

is worthy to note they are all part of PRA Group...

http://www.consumeractiongroup.co.uk/forum/showthread.php?243110-Varde-Investments-Experto-Credite-amp-Overseas-Companies

I would not be inviting letter tennis

if you didn't send the blank postal Orders for the CCA /SAR

then they've no legal remit to comply.

dx

Thank you all. I shall in that case just ignore it.

Hello,

I took out a credit card with MBNA in July 2002 and defaulted in the recession due to closing of my business and health probs.

I agreed to pay them a token payment of £1 per month which I did until Jan 2015.

In the meantime, the account was passed to Credito Experto, Aktiv Capital and finally PRA.

When I made a request for CCA to PRA in January 2015 and asked to see a deed of assignment, they said they would contact MBNA but did not return any paperwork in response to my CCA or provide deed of assignment.

I stopped paying them assuming that meant I did not need to as they were unable to provide the necessary paperwork

. MBNA informed me the account was closed (I seem to remember I phoned them but dont have anything in writing now, even though they may have sent a letter confirming this).

On 5 March 2015, I wrote to PRA:

"Thank you for your reply to my letter of 24 January 2015 requesting documentation pertaining to my original application and deed of assignment.

I am anxious that this does not become a protracted correspondence and therefore request that you provide me with above documentation within 30 days, or provide me with a final response so that I can take the matter further with FOS."

They did not reply.

In Nov 2016,

I received a statement of my account from PRA.

Period covered 28/11/2015 - 27/11/2016-

and offering me a single payment settlement option of £672.36 of £6723.58 outstanding.

In the belief that they were contacting me about a debt that no longer existed, I phoned them to say MBNA had informed me the account was closed. They said they would contact MBNA to find out.

I next received another letter from PRA on 15 Dec 2016 telling me they have purchased my outstanding balance with MBNA and it is now being managed by their Investigations and Litigation Dept to look at my outstanding debt for possible Litigation recovery

. If I do not reply within 14 days they will be 'forced to undertake further investigations to gain an insight into my ability to pay' and 'move to the next stage'.

I think they may have tried to visit me as I have had a few knocks at the door which I haven't answered but I can't be sure it was them.

I wish I had not phoned them as it seems to have escalated their collection team.

What to do now?????

STOP discussing this over the phone.

Keep everything in writing ONLY.

You can withhold payment as they have failed to supply you with the CCA request.

You won't get the deed of assignment either, do you mean the notice of assignment?

Have you checked your credit file?

Whilst they have failed to send you the CCA, they cannot take any enforcement action, and any mention of this in their puerile missives is a no no.

Thank you. Yes, I meant notice of assignment. I've checked my credit file and nothing on there.

OK, do you have evidence of sending the CCA request?

When did you last pay them?

Last payment of £1 was Jan 2015.

Here is quote from PRA's reply (30/04/2015) to my request from CCA issued to them 24 Jan 2015. They clearly state MBNA don't have the docs. Should I write to remind them of this letter?

"We refer to your request for documentation relating to the above account.

As previously advised, PRA Group does not hold copies of the original documents and we therefore have to request these from the original creditor.

Unfortunately we have been advised by the original creditor that they are currently unable to provide this and we apologise for being unable to fulfil your request at this time.

This means that we have classified your debt as currently unenforcable which means that we are unable to take court action against you to recover the outstanding balance

. This does not mean that your debt is wiped out.

Despite the debt being unenforceable, we are still legally entitled to: contact you and ask you to repay what you owe;

pass your details onto a third party debt collection agency;

update your credit reference report (as appropriate).

For more information on your rights under Section 77-70 of the CCA Act......

. You should also be aware that the original creditor may be able to provide us with information in future, at which time we will class your debt as unenforceable."

ps. not sure if last sentence is as quoted - ie repeat of 'unenforceable' - would need to check this. Surely they meant enforceable.

Cheers DX..

Failure to supply CCA means no payment.

Stop paying and ignore them entirely,

Old and new threads merged

Please keep to one thread

As all you've done is made people ask the same things as were asked & answered before

Dx

Ignore them until/unless they supply a CCA return

Or a claim form

Then post back

And please STAY of the phone to no powers DCA's

They are not bailiffs

Sorry, I couldn't find the place on the site where my original thread was so had to repeat info when I needed to update the situation.

Thank you for your good advice.

camillamagnum