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    • I agree and yes the little paragraph does cover what the bank are doing but I need to tell them they are refusing to give me statements which I can calculate how much they owe me. ??
    • So after much to-ing and fro-ing, I received notification from the court a couple of days ago that my case will now be heard on May 2022, which suits me fine😊. Any delay or wasting of time endured by Highview Parking is music to my ears, as it hopefully will get them to ponder and reflect whether it is worth their while having to wait an entire year for adjudication over some stupid and paltry PCN. Having said that, I look forward to the hearing as I'm 200% confident of my defence and for which I owe a great deal of gratitude to everyone who chipped in here with those awesome tips and advice. The battle isn't won yet, but the 1 year delay is itself a little moral victory for me. Thanks peeps 🙏🙏
    • Apart from the fact that it was getting too long, I don't think it is necessary to give them any further explanation. I've added a single line which refers to the increasing of your monthly payments by the adding of alleged arrears to the mortgage – and that this is in direct defiance of the ombudsman's direction. If I were you I would leave it there. Also, I think that you should keep it broadly in the same order as I suggested with the fact that their clients have only just woken up – as being the first line that they see and hopefully they will understand that they are dealing with somebody with a very bolshie attitude about this – which is what I think you need to project. Let me know if you really want to change anything else – but frankly I think that you need to keep at this point it is possible. You don't need to give them any further explanation of the ombudsman's direction. I think you've supplied them with a copy of the order already haven't you? If not – then attach the order
    • this is my draft   In reply to your email on Friday the 18th of June.                Firstly today I have received a letter from Barclays informing me that my monthly mortgage payments have gone up by £143 per month that when you calculate over the remaining term of the mortgage it equates to approximately 24k which is very near to the figure which was assumed by the bank to be my arrears. There was no explanation or calculation attached which I find hard to believe. So after contacting the bank and asking the adviser he confirmed that the bank had added on the amount to cover the arrears ( that don’t exist) so in reality I am going to pay the arrears twice. This below is what the ombudsman told your clients to do but unfortunately they obviously cannot read  I quote From the ombudsman to Barclays   My final decision is that Barclays Bank UK Plc should: · Restructure Mr A’s mortgage as if any arrears balance was added to the main balance of the mortgage and the arrears extinguished upon the inception of the mortgage set out in the mortgage offer dated 29 June 2019. · Amend Mr A’s credit file and any internal records in line with the above – so that any arrears were cleared upon inception of the new mortgage   I have asked the bank on numerous occasions for statements in relation to the so called arrears and  my overpayments  Which add up to a few thousand pounds so I can calculate what is also owed to me. They are refusing to give the statements to me stating that because I have missed payments they do not have to supply them , I don’t believe this is right and is not in line with the banking code of conduct.   The fact that your clients have only just woken up and instructed you is no concern of mine. It is simply a further demonstration of their poor attitude to the interests of their customers and also their disregard for decisions made by the financial ombudsman service.   You refer to a "short delay" but I notice that you are unwilling to give any kind of commitment. Your letter is littered with "as soon as possible" and "in due course". But the ombudsman's instructions are clear.  So are the courts powers under the FMSA 2000. There is nothing to consider no negotiation to be had and no compromises to be made - so why the delay?   Because you have made me feel sorry for you I'll give you an extra week. If it was simply a question of money that hadn't been paid, I would agree. There would be no question of prejudice. However, we are talking here about damage to my credit file which has gone on now for well over a year and a half. Your clients may not care about their own  reputation but I certainly care about mine.   The damage to my credit reputation is totally without justification. It is unfair treatment not to mentioninaccurate data processing. It is continuing and your clients are wilfully exacerbating the problem. It's not clear to me whether they are doing this deliberately or simply because of their ineptitude. Do you know? I'm quite happy that you share these documents with the court. Especially your admission that your clients have only just now instructed you despite the fact that this matter has been ongoing for a considerable time. Frankly I would have thought that it would be in your client's interest not to reveal how slack their attitude and procedures are – but that's a matter for you. And incidentally, there will be no question of costs if you simply don't try to put any response or defence. The ombudsman's decision is binding and there'sactually no reason for you to get involved except to hold a dialogue with your client and tell them to get a move on. If your clients instruct you to get involved, then it will be completely unnecessary. This is not a contentious matter. There will be no need for an injunction if your client simply did what they were told by the ombudsman – which they will eventually have to do anyway. I'm preparing the form N322 to apply for an ex parte injunction as we speak. Legal proceedings for statutory breaches of FCA regulations and also the Data Protection Act will follow once your clients have complied with the FCA direction – whether they do it voluntarily or they are forced to by the court. So don't come back and say you didn't know about that either.   Regards,
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Pre-Action Protocol letter from PRA Group - Advice please


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I received a letter from PRA Group recently. It states:

 

 

=================================

 

 

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

 

 

This is a letter before claim as required by the Practice direction on Pre-Action protocols, to give you notice of PRA Group's intention to issue court proceedings against you.

 

 

You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free agencies detailed on the enclosed document.

 

 

We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with the practice direction.

 

 

You will recall that you entered a written agreement numbered xxxx on or around xx/xx/2006 with Varde Experto (The creditor). The agreement was regulated by the consumer credit act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make thos payments and are now in breach of the agreement.

 

 

By a notice of default the creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing.

 

 

However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the creditor the sum of £xxxx

 

 

By an assignment in writing dated xx/xx/2012, the creditor assigned the debt to PRA group. Then by notice in writing the creditor and PRA group wrote to you to notify 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 £xxxx then we look forward to receiving your reasons why you take that view plus supporting documentation.

 

 

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

 

 

This letter should be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution (ADR).

 

 

In addition this letter triggers certain time limits that effect you:

 

 

1. You are expected to acknowledge and answer this latter before claim by xx/03/2016.

2. You are expected to respond to the invitation to refer this matter to ADR by xx/03/2016.

 

 

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 proceedings will be issued against you which may increase your liability for interest and costs.

 

 

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

 

 

Yours sincerely

 

 

Litigation manager

PRA Group (UK) Ltd.

 

 

=================================

 

 

Information:

I have never spoken to PRA group, or acknowledged any previous letter.

 

 

The original credit card account was opened in 2006. I do not recall the original provider, but it was not Vadre Experto.

 

 

The default occurred in 2010. It is therefore due to drop off by the end of this year (two defaults have already dropped off my file, and my score is starting to improve - I'm well aware of my past mistakes and errors in judgement).

 

 

The amount owed is less than £2000.

 

 

Should I:

 

 

A) Write to them by recorded / special delivery, asking to see a true copy of the agreement they refer to, providing them with a £1 postal order in payment of the statutory fee (if the price has changed, please advise). Also ask for a certified copy of the original default notice, and a deed of assignment from when the debt was sold on (I do not have any of the above at this point). I believe I can give them 28 days to supply this?

 

 

B) Ignore the letter above, and do it if / when I receive a claim form from the court?

 

 

C) something else.

 

 

I don't know whether to ignore them, try and draw it out until the default drops off my credit file, speak to an actual solicitor.

 

 

Thanks in advance for your advice.

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When is this going to drop off your file ?

 

Some will say it is 6 years from the original Default marker date which would have been applied to your credit file.

 

Previously it was from the date when a payment became due and missed.. you would then add a couple of months to that in order for them to issue any statutory notices/demands.

 

I would say that is very likely that they have become aware of the time ticking down to Statute Bar date and are now hoping to perhaps scare you into paying or issuing a claim against you before the date arrives.

 

Were you ever sent a default notice or Notice of Assignment ?

 

I think perhaps sending a CCA request might be a good idea.

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If we go from 6 years since the original default date, or say 6 years and 2 months, it would still have dropped off my file by the end of 2016.

 

 

I don't recall ever receiving a default notice - as it has been passed around a few times, I would struggle to remember who the original lender was at this point!

 

 

A lot of the PPI claims etc relate to the important date of April 2007 - whilst I'm not looking to get any PPI back etc (honestly don't know if I even had it), is there any chance the age of the credit card could also be used in my favour?

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Hi NoneProvided and Welcome to CAG

 

Perhaps if you could flesh out a little detail of the actual debt itself and your reasons for default/dispute?

 

Regards

 

Andy

 

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varde experto/experto credite and pra are all dca's so looks like a fishing letter dressed up as some legal threat.

 

CCA them, varde buy old MBNA card debts

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Hi,

If you haven't sent a CCA request for this account, I suggest that you do so. As the original account is from 2006, if court action were to be taken, they would need to supply this agreement to the courts. In the meantime, PRA could send you a copy of the agreement but it doesn't have to be a signed copy as they are allowed to do this so I would be asking them to state that if they were to take court action, have they a copy of the original agreement that they would rely on. The chances of them actually having a signed agreement is very slim.

 

It would also be worth mentioning the fact that you do not recognise the creditor. Also, head any letter sent to them, "I acknowledge no debt to you nor any company you claim to represent."

 

As this is now part of a Pre Action Protocol, it is worth responding.

 

Having said all that, just because PRA are sending this letter out doesn't mean they will actually follow through but you can't be certain.

 

Once you find out who the original creditor is, you could send them a SAR to ascertain what charges and/or PPI has been added to bump this alleged debt up.

 

There are some template style letters in the library to help you get started.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the swift responses. I have added to your template, would this be sufficient:

"I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s78(6)a will apply.

**If the copy of the credit agreement you wish to provide at this time is not signed, please advise whether a signed copy would be relied upon should this matter result in court action.**

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request...."

Andy - debt is likely an MBNA or MINT credit card. Not sure if default is legit or not. It is possibly legit, I have a CCJ with Lloyds Bank Loan from a similar time which I am currently paying off.

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yes, your addition is fine.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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having read silver foxes note about not recognizing PRA group, would this be worth while, or should I stick to the addition in post 7?

"If the copy of the credit agreement you wish to provide at this time is not signed, please advise whether a signed copy would be relied upon should this matter result in court action. It should be noted that I do not recognise the name PRA Group (UK) Ltd, and do not recall ever receiving any correspondence from you prior to your letter dated xx March 2016.

 

 

Therefore I also request you provide me with a signed true and certified copy of the original default notice, and any deed of assignment relevant to this case."

Edited by NoneProvided
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as they are quoting PAP, you might want to include a CPR 31;14

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GEMHL Settled

Barclaycard Settled

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Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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A section 78 request cant ask for anything other than the agreement T&Cs and snap shot statement......just use our standard template....dont overcomplicate it.

 

Andy

We could do with some help from you.

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as they are quoting PAP, you might want to include a CPR 31;14

 

Not applicable...no litigation in progress.

We could do with some help from you.

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A section 78 request cant ask for anything other than the agreement T&Cs and snap shot statement......just use our standard template....dont overcomplicate it.

 

Andy

 

 

Thanks Andy - I'll stick with the request for the agreement. I'm not going to send this until next week - I have until the end of next week to respond, so will send it next Wednesday via special delivery. I'll keep you all posted on what their reply is, if any.

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varde experto/experto credite and pra are all the same DCA

 

 

its a phishing letter trying to get you to respond.

 

 

the letter you have is simply the new form of DCA letters they must use

after the changes made by the FCA on debt collection recently.

 

 

personally, if this doesn't show on your credit file

and is donkey's years old

then i'd not send anything.

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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personally, if this doesn't show on your credit file

and is donkey's years old

then i'd not send anything.

 

Its showing as a default and due to drop off by end of 2016

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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From my own experience, LBCs from Varde/PRA are very often followed up with a Claim - even if they may have to discontinue in the event of a viable defence

 

Best get the CCA request in - at least put them on notice that you know where you stand.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 3 weeks later...

I have received a reply:

 

 

Original Creditor: ABC Ltd

Ref: XYZ

Outstanding Balance: £xxx

 

 

Request for Copy Of Agreement

Dear Mr XXXXXX

 

 

I am in receipt of your correspondence in relation to the above and have requested the required information.

 

 

I have also enclosed your payment of £1 as this was not required to carry out the request.

 

 

We will contact you to provide an update as soon as possible but if you have any questions please telephone us on 0800... where an advisor will be able to assist you.

 

 

Yours Sincerely,

 

 

Chief Operating Officer

PRA Group

 

 

 

 

===================

 

 

I'll keep you updated as soon as I hear from them again, or if this drops off my report as expected towards the end of the year.

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if you have any questions please telephone us on 0800... where an advisor will be able to assist you.

 

I'm sure you will be doing that...NOT! :-)

 

If they are past the 12+2 days for compliance, not much they can do. While no agreement is forthcoming, the account is in dispute and all they can do is ask for payment. Be prepared for them to flog it on to the next bottom feeder to have a go.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The problem here and a few seem to be doing this now, is that the request is not legally binding if they refuse and return payment.

Send them the letter again with a covering letter quoting the legislation that payment is required and also copy the same to the OC letting them know that there dca is refusing to comply with a legal request by returning the £1.

Having done the above you can then use this refusal as part any defence.

 

They are of course quoting rubbish that no payment is required, if thats in writing, keep it safe.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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If they refuse and return payment, then they have failed to comply with the legal request. Thats the DCA's problem. Not the debtors. As long as proof was sent, and he has the reply, id LOVE them to try court action while in default.

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

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If they refuse and return payment, then they have failed to comply with the legal request. Thats the DCA's problem. Not the debtors. As long as proof was sent, and he has the reply, id LOVE them to try court action while in default.

They would get a severe spanking in court.

We could do with some help from you.

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  • 2 weeks later...
  • 2 weeks later...
Hi Noneprovided,

 

Has anything be heard from PRA since your CCA request?

 

All the best

 

iwcmd.

 

 

Apologies for the very delayed response! I have now waited more than long enough, and have heard absolutely nothing from them. As it isn't really effecting me, I am simply going to leave this to drop off my credit report in a few months time.

 

 

There is another default on my credit report that I do not believe should be there - it is Lowell, who I believe pick up a lot of O2 debt, and I remember having a dispute with them when I moved my mobile phone contract away from them to EE

approximately 3 years ago. I am going to use the same letter and a new postal order to start disputing this / attempt to have it removed from my file. I will start a new thread when I get round to doing that, and keep you updated with the progress.

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CCA requests are not applicable to mobile agreements.

 

Andy

We could do with some help from you.

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Spoke to soon - Received a letter yesterday, dated 19/04:

 

Dear NoneProvided,

 

I refer to your request for copy documentation regarding

 

We enclose docs received to date and are awaiting further documentation to complete your request.

 

If you have any questions blah blah blah, please call....

 

All that was attached is a very bad copy of something that takes about half a piece of A4.

This is far too long between my request and receiving the info, right?

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