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PRA PAPLOC now Court Claim - HBOS Credit Card debt ***Claim Struck Out***


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Hi All

 

I have been in an ongoing tennis game with letters going back and fourth with regards to an old debt i had with the bank of scotland (Credit Card)

 

I have sent the usual CCA request to the PRA Group and have received the following

 

A signed credit agreement

A notification of assignment - (showing PRA Group as holders of the debt from July 2014)

A statement of account up to March 2011

 

However the statement of account is where I have the issue, they only provided me with a credit card statement up to March 2011, the total they are chasing is lower than the one issued on the statement.

 

I know this should the case as I was using a debt management company (Compass) to handle the account, and they issued payment of £6.49 a month, Compass ironically went under in April 2014, taking my debt savings and no more payments were made to PRA Group.

 

My point is PRA group have only produced a official statement up to 2011, and only provided a spreadsheet on business paper showing payment of £6.49 made a month. There is no official statement showing these payments were made by Compass and especially nothing to indicate compass was acting on my behalf.

 

I am assuming that if PRA group cannot prove the £6.49 payments are made on my behalf, the debt can be classed as Statute Barred as officially my last payment to Bank of scotland would of been in 2011

 

I have attached the last letter from PRA which includes a sample of the statement they provided (which anyone could knock up on excel). Am I ok to challenge this statement and ask for proof of who paid the £6.49 and confirm documents stating on who's behalf the payments were made?

 

Any help on this is appreciated

 

Thanks

 

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Never enter into letter tennis with a DCA.

 

Also in response to your CCA request, is that PDF all that you recieved from them? If so, then its not compliant.

 

When was your card taken out?

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

:D

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Hi

 

thanks for replying

 

No this wasnt the only response, I received a reply to the CCA which included the signed agreement, notice of assignment and the account statement (but only up to 2011)

 

the credit card was taken out in 2004

 

this reply was received after i denied any liability and request a full statement to include transactions from 2011 to 2014, which is where they have only provided this excel spreadsheet showing a payment of £6.49 a month up to 2014

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renamed and moved to the HBOS forum

 

attachment hidden you must redact ref/account numders.

 

can we see the CCA return please

 

also did you take this card out whilst resident in Scotland?

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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Hi thanks for moving to the correct forum

 

No i was never a resident in Scotland

 

I have attached the 1st reply to my CCA where i received, notice of assignment and statement, the signed agreement i received a week before (i originally asked for that over a year previous)

 

page 1 = 1st response letter i received

 

page 2 = 2nd letter i received after I queried the lack of information on the original statement.

 

I had already received a copy of the original signed agreement about a week before the 1st response letter

 

hope this makes sense

merged 1st and 2nd CCA letters.pdf

 

sorry - getting tired LOL

 

I have left out the copy of the statement as it is basically a excel spreadsheet saying a payment of 6.49, nothing official, my kids could make it up

 

the CCA request i sent is the standard template used (sorry dont have a copy available at the moment"on my work laptop", but it is the same as the form on this site)

 

1st and 2nd response letter from PRA attached

 

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you indicated earlier that you had already sent a CCA request and that PRA had returned documents...it is THAT return we need to see.....

not your CCA REQUEST...the RETURN to it...

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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Hi

 

my original CCA request was to the PRA group back in 2017, they returned a letter to this request which only included the correct signed CCA with Terms and conditions just 3weeks ago.

 

As i have managed to squash a few agreements in the past I unnderstand they have provided me with the right CCA document however did not provide the correct documents for notice of assignment and statement.

 

unfortunately this original letter is at my work place and I cannot retreive it for a week as i am off with the kids for half term.

 

From what i can see they have provided the right documents and a statement, but only up to 2011, but nothing that points to me making payments since 2011.

 

The angle i wanted to follow was the fact they need to prove i have made payments after to 2011 to 2014, if they cant then i can go for statute barred??

 

hopefully this makes sense

 

thansk again for your support

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Dagbloyblue. WHat he means is can you post that response you got, so we can check to see if it is fully compliant. Many DCA's comply 90% but omitting that final 10% is a fatal mistake for them. It's what trips many people up, as they see the vast majority is compliant and think the entire response is.

 

it's better to be 100% sure right?

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

:D

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yes sure 100%, I have noticed a few of the Dca' s my original debt management company "compass" had deals set up with did not require any payments legally.

 

I appreciate the help in reviewing this mine field

 

I will post the letter up as I get back to work possibly Thursday

 

thanks

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Hi

 

I have managed to load up the earlier letters from PRA

 

Letter 1 dated 10/09/2018 - was when i received the signed agreement , which i responded to using the CCA format requesting Notice of assignment and full statement

 

Letter 2 dated 12/09/2018 - was a letter before claimicon, received a day after letter 1 - I never responded to this as i had already responded to letter 1

 

Letter 3 dated 10/10/2018 - was a response to my CCA template letter and provided the notice of assignment and statement up to 2011

 

Letter 4 dated 16/10/2018 - was a response to a request on further statement information from 2011 to 2014 where they just provided an excel spreadsheet, stating monthly payments of £6.49 "nothing indicating where payment was from"

 

Hope this is making sense

 

thanks

merged PRA Letter Files 25102018.pdf

 

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hi ya

you keep uploading their letters

we don't need those

they state they have sent copies of the agreement default notice, notice of assignment and statements...

 

can we see those please?

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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compass were obv paying HBOS not PRA as it wasn't sold till 2014.

IMHO I agree with you, they if they were paying the OC then the statement should come from HBOS or atleast be on HBOS letterhead

a statement produced by the fleecers for payments not directly made to them, when they didn't own it at that time is certainly questionable

 

as for the CCA return, IMHO that is enforceable.

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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I certainly wouldn't believe anything a DCA sends you when at the time of those payments, they did not OWN the debt.

as for if those payments were authorised, well obv they were as compass were paying upon your written instructions..cant get out of that

 

why not SAR HBOS? its free!!

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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Share on other sites

Stuff pra's stupid time linits

It your money..you control who gets it and when

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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  • 4 weeks later...

They still have a fair bit of time to comply with the SAR request. Theyll likely leave it until the last minute.

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

:D

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Let it run

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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Cause they will...not

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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https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice-1st-Oct-2017

 

is what the must do...

 

me thinks they are just waving their daggly bits

and of course

the nearer, if it was not already, the SB point passes...

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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