PRA/J+P threat of legal action - old MBNA card 'debt'

[pointyhairedone]

Hi All,

 

Long time lurker but I now have a question about a threat of legal action I have received today.

 

I got into a lot of financial trouble a few years ago and had a lot of debts that went to various collection agencies.

I started replayment plans with them and have satisfied some of them

 

 

a couple of years ago, a bit more trouble came my way and I fell behind with repayments again.

Since then, I'm afraid that I have played the ostrich and ignored all letters, phone calls and notices of assignment that have come my way.

It has now been a very long time since I spoke to any DCA and most of them seem to have given up.

 

The default dates for all of the outstanding debts are now more than six years ago

apart from one that has a default date of 31/07/09 recorded on my credit file.

 

Today I received a letter from Judge and Priestley solicitors acting on behalf of PRA Group (UK).

They say they

"Have been instructed to recover the sum of £6,554.83 from me in respect of a debt which has become overdue."

and

"Our client has requested that unless the debt is settled within 7 days of the date of this letter (25th June 2015),

then we are to commence proceedings against you without further notice."

They have also said that I can contact them to discuss possible payment options.

 

From the letter,

it appears that this debt is one due to MBNA originally but I struggle to recall this one

although it is possible that it may be one that I had entered into a repayment plan with Apex previously

but haven't paid anything since Nov 2014.

 

 

This debt has a default date of 11/06/2009 for an amount of £7,938 and has a balance outstanding of £6,368.

 

I really need to avoid a CCJ so I am thinking that I need to avoid any legal proceedings so I would appreciate any advice as to how to proceed.

 

Should I gain some time by sending in a request for proof of debt or just contact them and try to arrange repayment terms?

 

Many thanks in advance.

PHO

[fkofilee]

My advice would be to fire of a CCA request, but I would wait until more advice from more experienced people come along,

[unclebulgaria67]

My advice would be to fire of a CCA request, but I would wait until more advice from more experienced people come along,

 

Yes that is all you can do at the moment, send the CCA request letter and that should keep them busy for the moment.

 

Because you appear to have been making payments up to last year for this debt, it won't be statute barred, unless there was a previous 6 years without payment. So if they provide the CCA, you might not have much choice but to come to an arrangement.

 

If you have had payment arrangements for various debts you cannot now pay, I think you should phone Stepchange deny charity to discuss your situation. If you don't own any assets, it might be worth looking at what debt relief options are available.

[pointyhairedone]

Thanks for the replies guys. I think you are right and that a CCA Request needs to be my first action with this.

 

Since I posted, I have found what I think is my last MBNA statement and the balance on that is £6,645.50,

interestingly, MBNA don't appear on a statutory credit report I obtained last December

so I assume that the default date must have been before this.

 

The debt I mentioned above now appears to be for another credit card so I have no idea when I made payments to the account or when the last one was.

 

I think my course of action needs to be the CCA Request (I assume I send this to PRA Group or should I send it to J&P or both?)

Would an SAR to MBNA be useful?

 

Thanks again,

PHO

[citizenB]

Yes, you should also send a Subject Access Request to MBNA, this will be useful should the DCA decide they will issue a claim.

 

The CCA request needs to go to the current owner of the debt.

 

At the very least you should obtain a free proof of posting from the post office for your requests.. however, if you can afford it, Recorded delivery is a good idea.

[dx100uk]

read it properly

it says commence proceedings, NOT LEGAL proceedings

its their very cleverly worded threat-o-gram to make you respond.

 

 

pers I'd SAR MBNA only for now.

 

 

await sending the CCA request till/if they write again and recommend the CCA.

 

 

its a phishing letter, nothing more.

we poke you, you respond, we know we've found a mug.

 

 

SAR MBNA .

 

 

dx

[pointyhairedone]

I hadn't noticed that small nuance, thanks for pointing that out DX.

I shall go with the SAR for now and see what comes back.

 

Many thanks,

PHO

[dx100uk]

I would

Either way it gives you all the info

Without poking the dca

 

DX