hi very new to all this but hopefully some one can help i am probably in totally the wrong place

though you have probably answered the question loads of times but i am not good with these things

i have received a letter from pra and having had a sleepless night last night with worry decided to ask for help

what do you need to know to help

pink flower

just a scary letter from a no legal powers DCA

they are NOT BAILIFFS.

whats the debt all about

they think you owe them?

full story please

this is the letter

Dear xxxxx

PRA Group (uk) limited (‘pra Group’)

Account reference number xxxxxxxxx

We write further to the above matter and to inform you that your account has been transferred to the investigations and litigation department.

This is a letter before claim as required by the practice direction on a pre-action conduct & protocols contained in the civil procedure rules.

This letter constitutes a formal demand for payment of £6000 and to give you notice of pra groups intention to issue court proceedings against you.

You should consider the contents of this letter carefully and seek independent legal advice of you are unsure as to its contents of alternatively contact one of the free advice agencies detailed on the enclosed documents.

We specifically refer to paragraph 13 to 16 of the pre action direction concerning the courts powers to impose sanctions for failure to comply with the practice direction.

You will recall that you entered into a written credit agreement numbered xxxxx on or about 1 dec 2008 with mbna europe bank ltd ( the creditor )

the credit agreement was regulated by the consumer act 1974 the credit agreement obliged you to make minimum monthly payments.

You breached the payment clause of the credit agreement as you failed to make those payments and therefore you are now in breach of the credit agreement.

The creditor gave notice of default by which you were require to respond and remedy the breach within prescribed period.

Since you did not respond and remedy the specified breach within the prescribed period.

You have therefore become liable to pay the creditor the sum of £6000

By an assignment in writing dated nov 2014 the creditor assigned the debt to pra group. Both the creditor and pra group gave you a written notice notifying you of the assignment.

Pra group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing.

If after considering this letter you take the view that you do not owe £6000 the we look forward to receiving your reasons why you take that view plus supporting documentation

We do not envisage that the expert evidence will be needed in this claim

This letter should also be treated as an invitation to refer this dispute to mediation or some other form of (adr ) in order to avoid the need for this matter to be resolved by the court

In addition this letter triggers certain time limits that affect you .

1 you are expected to acknowledge and answer this letter before xxxxxx

2 you are expected to resond to the invitation to refer the matter to adr by xxxxxx

We look forward to receiving your letter in reply responding to the claims made against you and /or setting out your proposals for settlement /payment we are prepared to discuss repayment options if this assists you

If we do not hear from you within the above time limits then court procedings will be issued against you without further warning which may increase your liability for the interest and costs

If you have any difficulty in complying with the above time limits please explain the problem to us as soon as possible and we will consider a reasonable request for and extension.

Yours sincerely

Etc etc …..

retitled and moved to the MBNA forum.

that's a std threat-o-gram

so it this on your credit file?

when did you last pay MBNA anything?

dx

the reason for not paying it was that my nasty ex ( not ex at time) got a credit card in my name and put a credit card debit onto it

he defaulted the payments in march 2012

since then i have been in hostel rehoused and still under drs and counselling tablets etc

i am very upset by the letter and dont know what to do

i have no money live in a council flat which i like i am in court with him about other matters

if its a scare tactic its worked

hi yes its on my credit file just checked it and found out when he last paid it

i am now having to learn about these things lol credit files lots of letters that mean all kinds of thing adr ( alternative dispute resolution ) etc

i have never paid them

we split up 2011 and its since then i have been though lots of chaos

I would assume he took this out online using your details

and probably not the only account?

hi dx100uk

i dont know only found these things out after wards he was a bully and we were in business together at the time

- pink flower

there is another credit card of 800 on my file

i seem to remember when i was in the hostel a adviser contacting them to explain i was in hostel and broke

so any other nasties on your credit file you don't recognise?

what other letters from PRA have you had?

or could it be that for obvious reasons

you didn't tell your creditors you were moving.

it wont go anywhere if the relationship was abusive etc

you could quite rightly use the fraud card route

as that's the truth here..yes?

i tried looking into it but didnt get any where

as part of the problem is having left with not a lot and moved area and in hiding as such, its so difficult to cope with it

also i was in a relationship with him and business i signed things about the business under instruction from him so dont know

( i pretty much have have had a nervous break down since then still not much better )

do i contact them and explain or just ignore the letter

i have had others asking if its me but because of the circumstances i wont reply as dont know if its him trying to find me

the issue here is they probably don't know your real address

and they [and others] could quite legally file claimforms and get CCJ's by default using your old addresses.

pers I wouldn't respond

but the dangers are as above.

i'm wondering if you might need to get fraud registered with whomever

but again that s can be a bit risky and/or involve the police

which I take it have not to date been involved?

if you had a crime ref number it would be magic

cannot one of the organisations that have been helping you all these years not do a letter or something?

hi dx100uk

unfortunately its to my new address i dont think the police will help as i asked before and got nowhere as im to much of a nervous wreck so wont push

im in counselling tomorrow so going to ask just worried about the time limits i was trying to work out if a cca request letter would at least give me time and might help me see if i did sign it or he did it on line if thats the right letter

that's the problem

it will be an online sign up

no sigs required.

CCA request is not a lot of point

as it will be enforcebale in all events

but it could atleast let them know your reall address atleast

then you wont get a backdoor CCJ.

please don't do anything unless we OK IT

even after what councilling says

they tend to be good at what they do

but not consumer laws...

now if they could write a letter stating in their eyes its afraud

or IS fraud

that would be great

as you could send that to everyone.

just remember these letters are THREATS to get a respond and then MUG YOU.

they are NOT BALIIFFS AND HAVE NO LEGAL POWERS.

ok

as you see I don't understand it all lol

that's the other reason I don't reply as then they know they found me.

I have very little I work low pay part time so they can't have what I haven't got

going to bed now didn't sleep last night reassured not to panic my usual reaction lol

thanks

pink flower

theres a rub to not leting them know they've 'found you'

as I said

backdoor CCJ's

read above

morning

still trying to get my head round all the things.

the letters are coming to my new address so in theory if they do take it to court do i get chance at that point to explain to the court.

I'm going to see if I can get a letter from either a solicitor or adviser to say that in their opinion the debt is fraudulent.

I have not received letters direct from mbna only ever from pra as I left the property the mbna had in Jan 11 long before he stopped paying in March 12.

I won't send them anything yet have till 22/4 to reply

pink flower

ignore their silly timelines.

going by what you say above

officially you haven't told them your new address

but, I wonder how they found it

is it on your credit file?

or could your ex have given them it?

this one stinks, fraud does come to mind here,?

Dx100uk

on post 3 PRA state in their letter that the debt was assigned to them in 2014 rather than them being debt collectors.

Does beg the question though why MBNA would sell the debt if they felt they could win in Court...............................

MBNA like all of them cannot be bothered with court they sell off and claim tax back on losses

Most DCA's are debt buyers too

well I've had chance to calm going to wait and see what they do next I'm not worried about ccj not got enough money to want credit going to be in council flat till the end lol

counsellor going to do me a letter explaining hostel, abuse, mental health etc

pink flower x