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    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
    • You've been here since 2013 so you must be aware that the tell people all the time to read our customer services guide and to record their calls. We try to remind people that if they don't record their calls then sooner or later they will regret it. I think if you do anything morning telephone you should have read our customer services guide first because then you would have the evidence you need to persuade people that you did take the action that you saved it. I suspect one of the problems it will be managing to establish that you let people know in advance. If there is a delivery which signed for that you may find that Amazon and also your bank may not be very happy about helping you out. Although the bank may activate the chargeback, they may later on after a further "investigation" for the money back from you. Suggest that you send Amazon an SAR.  
    • Thanks. Do I go to the bank and ask for this, or is this something I have to apply for outside the bank?     
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Markie1973

PRA Group/Nationwide

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I need some advice on how to proceed with PRA Group?, over the past years PRA have written to me regarding a debt going back over 7 - 8 years that is owed to Nationwide, just recently they have started writing to me again and their latest letter is not offering their usual hefty discount but instead 'Dear xxxx Could you settle your account?'.

 

Also on their letter they state an agreement date of 13 January 2005, this was not an agreed overdraft but my bank account went overdrawn by a very small amount (just over £10 if I remember rightly) and I was hit with multiple bank charges which caused the account to go even further overdrawn which lead to even more bank charges being added on top, the amount owed according to PRA is £390.

 

After researching the forums I sent the Statute Barred letter to PRA as I was 100% sure that no payments have ever been made by me on this account, today I received a e-mail from PRA stating

 

'Thank you for your query which we received on 19/05/2017 in which you advised your account has now exceeded the period specified in the “Limitations Act 1980”.

 

Under the “Limitations Act 1980” we have six years to collect the outstanding balance and after this time the debt becomes unenforceable.

 

This means that we are unable to pursue this through the courts. Our records indicate that the last payment made to the account was on 28/02/2017.

 

Please be advised that this payment is deemed as acknowledgement of the debt and as such, would reset the limitations period for a further 6 years from this date.

 

Whilst I appreciate that this may not be the response you were looking for, please be aware that we at PRA Group (UK) remain committed to working with you to come to an appropriate resolution.

 

We have requested documentation from Nationwide. As PRA Group UK Limited do not hold the information internally, we have held your account until our client is able to provide the documentation applied for.

 

During this time you will receive no further letters or calls.'

 

 

I would like some advice regarding their e-mail as I HAVE NOT MADE ANY PAYMENTS against this debt so I would like to know where they got this date from, I have replied to their e-mail asking for details regarding this payment and I confirmed to them that I have absolutely no knowledge of this payment being made.

 

Are they chancing their luck?

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No further contact...no letters ...completely ignore..its a phantom payment.

 

Regards

 

Andy


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