Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

PRA chasing a defaulted unsecured MBNA debt


jd0272
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2473 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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.

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

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

" 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

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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
Link to post
Share on other sites

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

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...