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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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PRA Claimform - Halifax credit card debt ***Claim Dismissed***


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Further developments to this......I received a letter from PRA Group saying that they have purchased the outstanding balance from Halifax. After sending a couple of "discount offer" letters, they have now sent the pre-litigation letter.

 

Am I right in thinking that I should download the PAP forms from CAG and fire them off to PRA, as per

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

 

Thanks

AM

 

Not until they send you theirs.

 

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Thanks for the replies all.

 

I've already received the PAP pack from PRA (this was included with the litigation intent letter). Been given until the middle of next month to respond.

 

So, I guess I should send them my PAP documents?

 

I understand that they are likely calling my bluff as I have not long ago done the PAP stuff with HPH under CAG guidance. Just don't really want to take any chances that they may be being serious!!

 

Thanks

AM

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All in post 4 of that thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Ok, I went through the PAP procedure as detailed in post 4 of the thread

 

Today I received confirmation from PRA saying that they have received my request and have put the account on hold. They also said in the letter that as a gesture of goodwill, they do not charge the £1 statutory fee for the CCA.........surely this has nothing to do with goodwill???!!!

 

Along with the letter I also received an information sheet stating that "If for some reason they cannot provide the original document, they can provide a reconstituted one which doesn't have to be the agreement that was signed".....if this is the case, what is stopping them from just making something up?

 

Also, they have made no mention about the other documentation that I requested (as per post 4 of the PAP thread); does this mean that they do not have to provide this information?

 

Thanks again all

AM

Edited by dx100uk
Spac
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Usual reply from them to a cca request

Safe to ignore

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 weeks later...

this morning a big fat letter dropped through my door from PRA with pretty much all of the information I asked for in the PAP.

 

If they go for a CCJ Im assuming they will probably get it granted......I'm a little worried about the whole charge order on property thing.

 

The house is in my wife's sole name as I was unable to participate due to my bad credit rating.

 

Would they be able to put a charging order on the house based on beneficial interest?

 

Not sure what to do now and where I stand with things!

 

Any help much appreciated!

Edited by dx100uk
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No they cant

 

Sca n up what you have received to one multipage pdf

Read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You're jumping to conclusions now.

 

even IF they go for a court claim, who said they will win it?

a whole host of options to stop a claim, or settle out of court.

Mediation, tomlin orders etc, and thats actually if you legally owe it.

 

will say and do ANYTHING to get you to pay, even bluff you with paperwork, hoping you dont see something omitted.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes, I do have a habit of jumping to conclusions!

Thanks for the feedback.

Good to know the house is not in danger too!

 

Any ideas on what I should do now?

Should I attempt to make contact?

Set up a small payment (currently on a measly student income)?

Ignore?

 

Thanks.

Edited by dx100uk
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already answered this in post 33

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I do that too:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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pages 1+2 are bit blurred need to see the text a bit more clearly

 

re the 2 sets of T&C's

 

is your name and address in the same font/size and the rest of the docs?

 

are the statement on Halifax notepaper or pra? logos etc

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX.

 

1. Sorry about that....I think that may be from compressing the file (was nearly 30Mb, compressed down to 2!). Looking at the document it all looks a little blurry! I will re-scan pages 1 and 2, but just so I don't misunderstand, are you referring to pages 1 and 2 as referenced from the PDF document?, i.e. the PRA cover letter and the first statement page?

2. Name and address look to be the same to me.

3. The statements aren't on headed note paper with any logos, Halifax or PRA......they look like they've just been typed up.

 

Much appreciated again!

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no page 20 sorry the signed agreement

and where is page one of thatagreement?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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number at the bottom of the other t&C scan we need to see those

that sheet says 3 of 8 you've chopped all the others off in the earlier scan those are very important.

 

we need the tops too as that one has a staple mark and says 1 of 2

these are all important details to show they DONT go together!

and its a PRA filing cabinet jobbie! [cut n paste NOT all from Halifax about YOUR specific agreement]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Here is the HD version of the agreement that was sent. For some reason, my scanner just would not capture the entire border of the pages and has cut the first part of the word "page" off! Hope this is ok?

 

These are the only two things with page numbers on, and as you say, the page with "page 1 of 2" at the top, says "page 4 of 8" at the bottom, and the one with "page 2 or 2" at the top says "page 3 of 8" at the bottom......I hadn't even noticed that!

Agreement (HD version).PDF

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load of ole cut n paste bogroll then.

better luck next time PRA!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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