MBNA debt sold to PRA - what are my options?

[Chipite]

Hello. This is my first post here, and I was hoping I could pick the brains of this forum for some help.

 

To cut a long story short,

I have in the region of £15k credit card debt from MBNA,

which has been sold on to PRA,

who have started getting in touch for payment.

 

 

I don't/didn't have any sort of payment plan set up

- I stopped paying anything last year because I simply couldn't afford to do that,

while also having enough money to feed my family.

 

I'll be honest, I tend to see these DCAs as parasites of human misery,

and my main inclination is to pay them as little as I can possibly get away with

- but I also don't want, 10 years form now,

to have several grand worth of legally enforceable debt remaining round my neck

and continuing to affect my health and my stress levels (as it has been doing).

 

I suppose I would like to know what weapons are available to me to fight these people,

and what I need to be doing.

 

 

I know that I should ask for the CCA, and I will do this.

If I spot a discrepancy or anomaly there, is my debt automatically unenforceable?

Are there any other things I should be looking out for in this regard

(either relating to CCAs or elsewhere)?

 

I know that DCAs are likely to be less than fully honest in their correspondence

in an attempt to squeeze blood from stone,

 

 

but I'd really like to know how to spot idle threats and threats that need addressing

- any advice on this would be much appreciated too.

 

Finally, a conciliatory tack that I could take that may even be mutually acceptable,

is to offer part payment as a final settlement.

 

 

However, I likely couldn't offer more than 10% of the total debt in order to do this

(and this would involve the generosity of family

- it's not money I have lying around in my bank account)

- can anyone give guidance on whether an offer of that sort of amount h

as a chance of being accepted?

(And if not, what sort of sum I should be aiming for.)

 

Thanks in advance!

[dx100uk]

when did you take the card out?

is this on your credit file..

 

is it defaulted?

 

it wont be around your neck in 10yrs time

dependant upon what you do today.

if its defaulted already

then it'll only 'hurt' you till the defaults 6th birthday

with regard future 'credit'

 

 

its worthy to remember one thing..

 

 

why would a powerful multi-national company

sell my debt

rather than taking me to court and crushing me...urm..worthy of a look see.

[Bazooka Boo]

Certainly worthy of further investigation, as DX says, a mulit billion pound company doesn't just flog a 15k debt to a powerless DCA, unless of course there is something wrong with it?

 

Be it full of fees and charges, or PPI, which can be reclaimed, then there is clearly something up with it which makes it toxic, hence them getting rid of it.

 

Has it definitely been flogged to PRA group?

[Chipite]

when did you take the card out?

is this on your credit file..

 

is it defaulted?

 

It's actually spread across two separate cards (both MBNA).

I don't have the exact dates to hand,

but one was taken out in the region of 8-10 years ago,

and the other is about 12 years old, I think.

 

 

It's on my credit file as having defaulted in about April last year

(that was when it first defaulted anyway - I don't know if it's been updated monthly since then).

 

 

They did send me letters saying that I'd defaulted fairly regularly,

but I couldn't afford the payments being demanded so I didn't do anything.

 

 

I had also notified them I was in financial difficulty, a

nd they'd agreed to allow me to make reduced payments

- however, I never actually ended up making any reduced payments.

 

And yeah, it's definitely been flogged to the PRA group

- I've had phone calls, an email and a letter from them,

and I also got a letter from MBNA notifying me that they'd sold the debt.

 

I've spoken to PRA once on the phone,

to tell them that I'd send them a summary of my incomings and outgoings

(but I was careful not to acknowlege the validity of any claim,

and I told them I'd like to communicate in writing only in future).

 

In terms of having a "look see", is that in reference specifically to the CCA,

or are there other things I could be investigating too?

 

Also, how much can I "demand" of them?

Could I ask them to account fully for the sum they are saying I owe?

Or can they just point me to the MBNA's number and not require any further proof?

[dx100uk]

well there was a period not so recent

when MBNA sold off lots of card debt

as they were taken over by a USA owner?

 

 

so its 2 cards so two CCA request to PRA group for a start.

 

 

are both the cards on your credit file?

defaulted dates?

 

 

and an SAR to MBNA

[Chipite]

I was using both cards until early last year

(I'd got into the - with hindsight ludicrous

- situation where my repayments were so unaffordably big

I had to use the remaining credit on my MBNA cards to pay council tax, buy food etc

– obviously that stopped once the cards maxed out),

and as far as I know they remained in the ownership of MBNA.

 

Both cards are on my credit file,

and they should have the same default date (more or less) of last April (or thereabouts).

 

I wasn't aware of an SAR before. What should I be looking out for with them?

[dx100uk]

so action post 5

cca request for each to the PRA group

 

 

sar to MBNA

 

 

then we can move fwd

[Chipite]

Okay, thanks - I'll make those requests as early as I can next week and report back.

 

Apologies, but I'm not sure what you mean by action post 5 - where should I be looking?

[Bazooka Boo]

Two CCA requests to PRA (£1 each) http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

SAR to MBNA (£10) http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

[Chipite]

Lovely - thanks.

[Chipite]

I have received responses to CCA requests for the two accounts, and each one is different.

 

The only signed documentation provided for the older account (with a slightly larger sum owing on it)

is a copy of my original application form.

 

 

This one dates from 2003.

Apart from that, all they've sent is what they call a "reconstituted copy of your credit agreement as it was when you signed it",

which doesn't carry any sort of signature, and a copy of the most recent Terms & Conditions.

But nothing else.

 

For the other account,

They have sent a copy of the "Credit Card Agreement Regulated By The Consumer Credit Act 1974"

- what they call the "copy executed agreement" in the attached explanatory documentation

- which in this instance I have signed. This one is from 2007.

 

So what does this mean?

The lack of any documentation except the application form for the first one is a good thing, right?

But I'm guessing the second one may be a little more watertight?

 

How do I take this forward? Any more infor you need from me at this point?

 

Will let everyone know also when the SAR info is received.

[Bazooka Boo]

Well depending on when in 07 you took this out, will depend on whether they will need the 'original' CCA to enforce in court or this 'recon' will do?

 

Can you scan and post up redacted copies of what they have sent you?

[dx100uk]

upload

[Chipite]

Hi there,

 

I have a credit card debt that is several years old (but not yet outside the 6 year window) that is currently with PRA.

I do not believe the debt is enforceable,

and the regular (and decreasing) offers of settlement that I've been sent over the years have bolstered my belief in this (wrongly?).

 

I've just had a letter saying that if I do not get in touch with them in the next couple of weeks my account will be transferred to Credit Security Limited,

and I was wondering if anyone has any insight into what this might mean?

Are they any different to deal with than any other agency?

More aggressive, or different in any way?

Anyone know anything about them?

 

I loathe DCAs and am inclined to fight them as best I can,

including this one,

but would appreciate some insight into what this particular one is like

, and what to expect,

and whether this means I can expect different tactics or more of the same (i.e. regular phone calls).

 

Thanks in advance.

[fkofilee]

Dont bother... Think it will just be them chasing on behalf of PRA Group. 

Ive checked their website and look like they are just another agency. Just ignore

[dx100uk]

old and new threads merged.

 

until/unless PRA comply to youe CCA request

and you haven't moved since you last wrote to PRA

ignore everyone.

 

all DCA's are the same

go re read your thread from post 1 again now

all this has already been explained before.

 

dx

 

[Chipite]

Thanks very much, dx - much appreciated. As per comment #11 above, I did receive CCAs, at least one of which appeared to have irregularities and no signature.

 

I guess my question is whether their statement that they will transfer my account to Credit Security Ltd (to manage on their behalf) perhaps constitutes a coded "threat" (and thus I should steel myself for a battle), or whether they are going to be much the same as any other DCA I've encountered so far?

 

From what you have said, sounds like I may just need to keep on as before, but I just wondered whether this company have any particular reputation it would be useful to be aware of.

[dx100uk]

it doesn't matter

no dca has any legal powers to do squat.