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    • sounds pretty typical. scan everything up to ONE multipage PDf please follow upload we dont need any statements. dx  
    • Participants can get £50 - but must permanently consent to the retailer using their personal data.View the full article
    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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PRA chasing a defaulted unsecured MBNA debt


jd0272
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Hi all, new to the sight, and indeed, to debt.

Had a look around here this morning, and I'm quite frankly overwhelmed by all that is concerned with debt and debt resolution, so please, bear with my ignorance! I'll try to keep this as concise as possible also.

 

Full time employed home owner/mortgage,

one active credit card with my bank which I over pay on religiously (£2k balance) so no issues there.

No HP/credit, and no defaulted utilities.

 

Wife left Dec 2015 (not divorced yet),

I remain in the house and the mortgage is in my name.

I'm also a lone parent to 2 boys, 6yrs and 9yrs.

 

 

In Jan 2016 I got a letter from PRA stating 'my' account had defaulted on 'my' debt (from MBNA credit card) of £10278.34 and advising me I had previously to that point been paying £80pm against the amount.

I had no knowledge of this until the letter landed on my mat.

As you can imagine...

 

It's come to light that my estranged wife had, over a number of years, been using one of my cards without my knowledge.

The first I knew of this debt was the letter from PRA.

 

 

At the time I was left financially devastated, and have spent the past 20 odd months getting back on an even keel (hence the £2k balance on my current credit card). As such, during this time, I kicked this £10278 debt 'into the long grass' as it was not my priority.

 

Wife also owes other debt held by PRA and a number of other debt companies, and has 'bumped' many of these payday loan companies.

I get regular mail in her name from people chasing her for debt. Quite the girl.

 

I have received several more letters from PRA (last one Aug 17th 2017) advising me the matter is with their litigation/investigation/collections team, and an offer of a 'one off' discount allowing me to pay only £9250.51.

They've also predictably been phoning me (assuming estranged wife gave them my number...),

and also phoned daily by what has been described to me as a 'hunter' for PRA to establish if I am resident at my address.

None of these calls I have answered.

I am expecting a doorstep knock, as this 'hunter' is only 20 miles away.

 

I was at the point last week of phoning them and saying, "I can give you £100pm...." but thought better of it.

As I am seething that the debt I did not accrue is in my name, but yes technically it is my debt.

I have no way of disproving this.

I spoke to a solicitor last year who advised they could likely establish the debt was not accrued by me, but it would probably cost me £10k in their fees.

 

As it stands then, wife had been paying £80pm to Activ Kapitol (the only thing she did concede),

and stopped paying when she left in Dec 2015 (they should have knowledge her paying it over the years as it would have to come out of her account).

 

 

Obviously, the status of the debt is 'defaulted'.

I've paid nothing to it as I wasn't able to during this period.

The only thing I have done (last week) was fill in the assessment form on PRA's website.

Gin has a lot to answer for...

 

What's my situation?

What's likely to happen next?

Will I end up in court/CCJ?

Do I have to pay this?

Should I just pay this and get on with my life?

Again, please appreciate I'm all new to this.

And yeah, I know, ignorance of the debt is no defence.

 

Many thanks, Jason.

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Hi there,

 

Better and more experienced minds than me will soon be on to advise you,

 

The general advice is to ignore them as they are powerless. They have already put a default on your credit file, which will fall off your file in 6 years.

 

Aside from sending you more threat o grams, the worst they can do is try to give you a CCJ in the hope that you won't defend it. If and when that time comes there is loads of advice on here. Even you did end up with a CCJ it isn't the end of the world. You own your home, and don't need to get a mortgage. CCJ's do not show on your file forever, and also drop off after 6 years, so it's not terminal.

 

PRA are really crap, and I have ignored them for years, (They are chasing me for £500).

We could do with some help from you.

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" It's come to light that my estranged wife had, over a number of years, been using one of my cards without my knowledge "

 

Hi jd0272 and Welcome to CAG

 

So this card ....was in your name only and she was not an authorised user ?

 

Did you never see any statements arrive over the years in your name ?

 

Did you not think it strange that you never received a statement ?

 

Was the balance nil when you stopped using the card ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thank you London1971. Appreciated.

 

Hi Andy,

 

the scenario was I never used my cards with the exception of the one issued by my bank.

I hate debt.

 

I had a few cards 'just in case' but never carried them in my wallet as had no daily need to use them.

 

Card was indeed in my name.

 

I think she simply intercepted mail I wouldn't have expected anyway due to not using the cards.

I certainly don't recall ever using any card other than my (at the time Lloyds, now TSB) bank linked card.

 

After she left I found debt letters in her name in the loft from years ago.

I genuinely was blissfully unaware.

She had a good job, no car, wasn't out every night.

No idea what the girl spent the money on.

Never had any obvious reason not to have trusted her either.

 

Just to add, I tried to remortgage with my provider last week just to make it 'go away', but they knocked it back as it shows as a default on the reference checks.

 

They were very nice about it though.

They did, in a roundabout way suggest I start paying it, and come back to them in 6 months, but no assurances etc.

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How old is the card ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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no don't put unsecured debt around you neck by making it secured.

 

 

do you know when the card was taken out?

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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2004 chaps according to the info on the PRA letters. Thanks for the advice re; mortgage too.I just wanted it to go away, didn't want my children worrying about people knocking on the door, or be in a position where I have to sell our home to pay this.

Edited by jd0272
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Send them the following......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

All the instructions are contained in the link.....put them on notice that you know your legal rights.

 

Regards

 

Andy

  • Confused 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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don't forget PRA are a DCA

a DCA are NOT BAILIFFS.

and have

NO SUCH LEGAL POWERS.

  • Confused 1

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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Thank you very much people!

I feel much better this afternoon than I've felt for the past nearly 2 years.

It's been awful, but I imagine everyone on here has been there at some point.

 

I've been scooting around on here most of the day reading, (superb knowledge base),

I suppose I may as well have Fair credit rating by not paying as Fair credit while I'm paying really.

 

Just means no credit for the period.

Good job I'm not planning on going anywhere 'flash'!

 

Obliged, and I will update as and when.

 

All the best, Jason.

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CCA request is you next move

 

Stay off the phone

And any powerless doorsteppers get told to remove themselves pronto from your property else police 101 time

They are not bailiffs and never can be

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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CCA request is you next move

 

Stay off the phone

And any powerless doorsteppers get told to remove themselves pronto from your property else police 101 time

They are not bailiffs and never can be

 

Thank you DX, I shall. I'm expecting it.

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